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Debt_mountain vs Cabot


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It has been brought to my attention that I have not updated for a while. oops sorry, been enjoying the lovely weather.

 

Mr Dean Spencer has stepped back from my claim, I managed to make him fall out with me, he has now been replaced by a lovely man called Piers Morgan (not sure if it is the same one) similar attitude to that of the man from the papers. I guess Cabot are just trying to up the anti a little.

 

Atleast Dean Spencer was a decent bloke any time I dealt with him and I would say he actually provided far more information that I think his client would have liked, sales agreements etc.

 

I don't need to make Mr Morgan fall out with me, he already hates me going by the tone of his letters, he refuses to use email, so I am guessing he hi a technophobe and has his lovely assistant print of my emails so they look like and good old fashioned letter, she probably folds it and puts it in an envelope so he get "the feel of it " when he slices it open with a stanley knife.

 

I ramble, sorry.

 

The court has told Hodcsons off for not copying me a repl y to my complaint about Dean Spencers tone and threatening comments in his letters, he wrote a 2 page reply to the court but the judge wasn't happy that he never sent me a copy.

 

I then sent a 5 page reply to that basically a witness statement telling the court just how dirty Cabot are.

 

the judge has now asked that I rewrite my claim and specify which company Cabot Europe or Kings Hill are being claimed against. I sent that in yesterday and guess Mr Morgan will be asked to file an ammended ammended defence (they have already filed 1 ammendment).

 

Mr Morgan last letter to me

 

" You are the Claimant in this matter and therefore it is a matter for you to produce such evidence as you see fit to prove your claim.

 

We have answered essentially the same questions time and time again and it is perfectly clear that the issues are ultimately for the Court to decide.

 

We await receipt of any amended Particulars you seek to rely upon and await receipt of your application to the Court to make such amendments.

 

We have nothing further to add to what we have already said and therefore the matter will proceed to Trial where the parties can produce appropriate Witness evidence for the Court to determine the issues. Further communication from you of the like you continue to submit will be referred to this letter."

 

so my no POC is in and we just have to wait and see.

 

Letters like that just make you look an idjit to the judge. A fine example of what NOT to write.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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He sounds exactly like his sacked newspaper editor namesake, you can almost hear the sound of toys being thrown out of the pram!

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Just keep all this documented. We are compiling a ' nice little file ' on our friends. - and that goes for anyone else. If anyone gets anything from Cabot, sales agreements Deeds of Assignments or anything else for our 'Library' we would be most grateful. Even insider gossip !

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Insider gossip WOULD be good. And we do promise to protect any "sources" that might like to come forward. It's already apparent that some of you Cabot employees are none too happy in your work, judging by some of the social networking sites. Although I have a feeling management has been busy telling people off, as most of the sites are now "friends only" or have been amended.

 

To those affected, I can only apologise. But really, you only have your bosses to blame for me highlighting the truth.

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as most of the sites are now "friends only" .

 

To those affected, I can only apologise. But really, you only have your bosses to blame for me highlighting the truth.

 

You mean we are not deemed 'friendly'? :p

 

As for the apology, I would like to second that on behalf of a few hundred others in the club... NOBODY wishes any bad will to ANY of Cabot employees. This campaign is about you being taught by the powers above who have reigned merry hell on thousands, the RIGHT way to do your job. You are no different to any of us out here other than that you happen to represent your employer whilst doing the job you are taught to do. What they haven't taught you is that what you do is breaking the law - YES YOU! - and that is what we are trying to do, make changes to the industry, an industry that your smiling little leader Kenny Maynard happens to have quite an influence over and who has been doing wrong and not been caught - until now and we in The Cabot Fan Club have just caught him, he's almost nicked we are just getting the white van ready to collect, but want him to enjoy his birthday first (on the 10th Sept if you fancy making a creepy crawly gesture up the promotional pecking order! ). So please do not be offended, we are just highlighting the kind of young people he employs and takes advantage of to practice these unlawful acts on his behalf - you never know, we might even be able to call you as witnesses now we know you.

 

Tick tock Mr Crawford, Randall and his highness Mr M. - have you seen me in Spain too?

 

 

Lots of love

 

Sarah xx

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I have just dropped a wee note to the court about Mr Morgans hinderance in my claim. I also had to send it to Mr Morgan to keep the court happy. Mornin' Morgy.

 

Good Morning Mr Morgan,

 

Just to keep everything correct with the court I have attached the letter I have just sent them. It is in complaint to your last letter of 14th August 2007 and the fact it is hindering the legal process. I am also going to be sending the same complain to the law society (once I have confirmed that they are your regulatory body).

 

I just need to check if it is the law society I now write to to add to this complaint.

 

Yours

 

DM.

 

 

CHANCERY BUSINESS

DM Hoose

The Court Manager

The Law Courts

The Quayside

Newcastle-upon-Tyne Tyne & Wear

England

NE1 3LA

Fx 0191 201 2001

Ph 0191 201 2000

22/08/2007

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim DM666

BETWEEN

Claimants : (1) DM (2) Mrs DM

-and-

Defendants: (1) Kings Hill (No1) ltd

(2) Cabot Financial (Europe) Ltd

Dear Sirs

I am writing to complain about the conduct of the solicitor of the defendants in this case, Mr Piers Morgan. I am trying to obtain the required information to ensure that the court has all of the required evidence put in front of it to assist in the trying of this case but Mr Piers Morgan has refused to answer some of my questions. I have attached his latest reply 14th August 2007 below along with the previous communication from myself Email dated 14th August 2007 and Mr Morgan’s 3rd August 2007.

He is referring to my repeated requests for the same information. This is only required because he has either failed to supply a legal arguement / evidence to back up any statement made or he “skirts” around giving an answer at all.

I would like to ask that you let me know if this is acceptable for a professional solicitor to be this obstructive during the preparation of a case.

A copy of this letter has been sent to Mr Morgan.

Yours faithfully

DM. Cc Piers Morgan the defendant’s solicitor.

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If I have helped click my scales....

 

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Well, that letter gives me a warm feeling inside...

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Debt Mountain - don't worry - it isn't just you he is holding information from etc.. there will be other complaints afoot - we will have Piers pants down and his botty smacked before he can blink :D

Beaverings away going on as we speaks.

 

(perhaps not he might enjoy that ? )

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After Morgys reply to me saying he had dropped his toys I sent the letter to Cabot Customer Services department....contradiction of terms there.

 

here is what I got back.....they don't seam to get the message, we will not go away!!!

 

Dear Mr DM

Thank you for your correspondence received on 17th August 2007.

The matter is currently subject to ongoing legal proceedings in Newcastle upon Tyne County Court. Hodsons have been instructed and remain instructed to represent the Defendant in those proceedings.

Our solicitors have throughout sought our instructions upon issues you have raised and those instructions have been relayed to you. The fact that you take issue with those replies is not altogether surprising, having regard to the fact that this case continues to be litigated. big deal, just answer my simple questions then.

From our consideration of the correspondence passing between Hodsons and yourself, we are satisfied that replies have been given promptly and in accordance with instructions we have given to our solicitors. seam to have missed the point. I am wanting answers not for them to chase up their appointed Morgy.

We are unclear what you refer to as the "FSA Guidelines" not what I had stated in my letter. It may be that you are referring to the Financial Ombudsman Service and its Complaints Procedure. In our view the Financial Ombudsman Service has no jurisdiction in this matter so far as your complaint is concerned as the matter has been ongoing prior to the 6th April 2007.

If you require independent advice concerning the matter you should instruct appropriate advisers. I'm on CAG what more advice do I need?

Yours sincerely

Customer Assurance Department didn't even give the courtesy of a name.

If I have helped click my scales....

 

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...but you know these kids who leave school young and inexperienced - they can't wrote lehers like wot we did when we was young - thay jst don't no do thay?

 

can't expect miracles DM & Lizzy, they are just good a speaking on the telephone giving greif to everyone cos they is on a bonus to do so and they just leerve looking up all our dirty white data and land registry info don't they? Gives em a nice drunken holiday in Benidorm of course - don't want to spoil their fun now do we? :D

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...but you know these kids who leave school young and inexperienced - they can't wrote lehers like wot we did when we was young - thay jst don't no do thay?

 

can't expect miracles DM & Lizzy, they are just good a speaking on the telephone giving greif to everyone cos they is on a bonus to do so and they just leerve looking up all out dirty white data and land registry info don't they? Gives em a nice drunken holiday in Benidorm of course - don't want to spoil their fun now do we? :D

 

 

:D Hey but they can at least get drunk at weekends if they shout and be rude to people on phone all week and bully their customers :D

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Just keeping the pressure up and prodding Cabot.

 

I took a leaf out of oor Lizzies book and although I have just submitted my very detailed draft ammended POC I am also wanting to keep the basic arguement simple so I sent the following darft directions to the judge. Just to let him know that this claim is really simple, only made more confusing by Cabots setup and business practices.

 

CHANCERY BUSINESS

DM's hoose

UK

The Court Manager

The Law Courts

The Quayside

Newcastle-upon-Tyne Tyne & Wear

England

NE1 3LA

Fx 0191 201 2001

Ph 0191 201 2000

28/08/2007

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim xxxxxxx

BETWEEN

Claimants : (1) Mr DM (2) Mrs DM

-and-

Defendants: (1) Kings Hill (No1) ltd (this is the name they used in all my accounts)

(2) Cabot Financial (Europe) Ltd

Dear Sirs

The Claimants believe that the claim being made is basically a very simple claim but the way the Defendants have structured and conducted their business makes it far more complicated than it needs to be.

To date these two requests have been made to the Defendants on more than 3 occasions and as yet the Defendants have failed to provide this information.

To resolve this claim and assisting its progress the Claimant believes we need 2 simple documents.

1 – Proof of ownership. Kingshill (No1) Ltd need to provide the evidence that they have legal right to collect this debt and that the assignment was properly and legally executed.

This will prove if Kingshill No1 Ltd should hold let alone process any of the Claimant’s personal information.

2 – A copy of the properly executed agreement including the terms and conditions attached to that agreement.

This will show if Kingshill (No1) Ltd should have processed the personal data of the claimants and whether the Defendant has received any authority from the Claimants to do so.

I would like to propose a draft order (attached) to allow us to progress this case.

Yours faithfully

Mr DM. Cc Piers Morgan the defendant’s solicitor.

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim xxxxxxxxx

BETWEEN

Claimants : (1) Mr DM (2) Mrs DM

-and-

Defendants: (1) Kings Hill (No1) ltd

(2) Cabot Financial (Europe) Ltd

Draft Directions

1. The Claimant suggests the following directions :

A) The defendant is to provide the claimant and the court evidence that the defendant has or has had legal ownership to these debts and that the correct and legal assignment of ownership from the original lender, no later than 2 weeks,

B) The defendant is to provide the claimant and the court a copy the properly executed agreements including the terms and conditions attached to these agreements no later than 2 weeks,

If I have helped click my scales....

 

Find my threads by clicking here

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Just keeping the pressure up and prodding Cabot.

 

I took a leaf out of oor Lizzies book and although I have just submitted my very detailed draft ammended POC I am also wanting to keep the basic arguement simple so I sent the following darft directions to the judge. Just to let him know that this claim is really simple, only made more confusing by Cabots setup and business practices.

 

CHANCERY BUSINESS

 

DM's hoose

 

UK

 

The Court Manager

The Law Courts

The Quayside

Newcastle-upon-Tyne Tyne & Wear

England

NE1 3LA

Fx 0191 201 2001

Ph 0191 201 2000

 

28/08/2007

 

 

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim xxxxxxx

 

BETWEEN

 

Claimants : (1) Mr DM (2) Mrs DM

 

-and-

 

Defendants: (1) Kings Hill (No1) ltd (this is the name they used in all my accounts)

(2) Cabot Financial (Europe) Ltd

 

Dear Sirs

 

The Claimants believe that the claim being made is basically a very simple claim but the way the Defendants have structured and conducted their business makes it far more complicated than it needs to be.

 

To date these two requests have been made to the Defendants on more than 3 occasions and as yet the Defendants have failed to provide this information.

 

To resolve this claim and assisting its progress the Claimant believes we need 2 simple documents.

 

1 – Proof of ownership. Kingshill (No1) Ltd need to provide the evidence that they have legal right to collect this debt and that the assignment was properly and legally executed.

 

This will prove if Kingshill No1 Ltd should hold let alone process any of the Claimant’s personal information.

 

2 – A copy of the properly executed agreement including the terms and conditions attached to that agreement.

 

This will show if Kingshill (No1) Ltd should have processed the personal data of the claimants and whether the Defendant has received any authority from the Claimants to do so.

 

I would like to propose a draft order (attached) to allow us to progress this case.

 

Yours faithfully

 

Mr DM. Cc Piers Morgan the defendant’s solicitor.

 

 

 

 

 

 

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim xxxxxxxxx

 

BETWEEN

 

Claimants : (1) Mr DM (2) Mrs DM

 

-and-

 

Defendants: (1) Kings Hill (No1) ltd

(2) Cabot Financial (Europe) Ltd

 

 

Draft Directions

 

 

1. The Claimant suggests the following directions :

 

A) The defendant is to provide the claimant and the court evidence that the defendant has or has had legal ownership to these debts and that the correct and legal assignment of ownership from the original lender, no later than 2 weeks,

 

B) The defendant is to provide the claimant and the court a copy the properly executed agreements including the terms and conditions attached to these agreements no later than 2 weeks,

 

 

Hi DM,

 

 

Hopefully that should keep them on their toes!

 

 

Jeff.

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I think it might be helpful Sailor, to actually have the relevant piece of law in black and white to show the judge, suitably marked for ease of reference, to point him/her in the right direction. Not all of these judges are all that clued up on consumer law, and the more helpful you are, the easier the whole process will be.

 

I'm certainly going to be doing all I can to smooth the whole process when I get into court. :D

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