Cabot - Letters demanding payment after County Court Case was dismissed 4 years ago

[WillNotBCabottd]

Dear All,

 

I need your advise, I was taken to Court 4 years ago by Cabot Financials and I won, the case was dismissed. Now Cabot is back writing threatening letters demanding payments and even passing on the accounts (the same ones they were defeated on) to external collection agency.

 

What I want to know is can I drag Cabot back to County Court and claim compensation for harrassment and possibly contempt of court? is there a provision in law for this type of action?

 

Thank You

[citizenB]

How exactly did the original claim end ?

 

It went to court and the claim was dismissed.. because of ??

[WillNotBCabottd]

How exactly did the original claim end ?

 

It went to court and the claim was dismissed.. because of ??

 

Because they have no proof of the debts and they targeted the wrong person, i was not the owner of the debt, details was provided in Court to prove this, and Cabot signed up to a Consent Order dismissing the case

[citizenB]

Because they have no proof of the debts and they targeted the wrong person, i was not the owner of the debt, details was provided in Court to prove this, and Cabot signed up to a Consent Order dismissing the case

 

 

Oh, nice one

 

I think initially you should make an OFFICIAL COMPLAINT and send a copy of the Judgment order that dismissed the claim against you.

 

You do need to ensure that there is no adverse reporting on your credit files. Check with all 3 agencies.

 

I think yes, if they dont cease and desist their cage rattling then you could possibly make a claim against them.

 

Hold fire for a while though, I have alerted site team to this situation and they might offer some more advice

[42man]

You should entitled the letter LETTER BEFORE ACTION....outline the circumstances, and explain that if they contact you again, you will have no hesitation in showing the judge in your court claim against them for harrassment your previous consent order and your subsequent correspondence when the matter of costs arises.

[Mike_hawk]

Could you post the content of the order, less any identifiers. Have you checked your CRA files to see if this is being reported?

[WillNotBCabottd]

Back in 2008, 2 months after the Court Order dismissing the case, i got a letter from Cabot still chasing the debt, i immediately passed it on to my solicitor who wrote to them advising them of the dismissal. What I dont understand is 4 years on, these letters started arriving again. I will post the content of the order tomorrow

[BankFodder]

I think that a better move ight be to try and re-open the case by means of an n244 application notice. I think that if the facts were properly explained in the N244, the judge might exercise exceptional discretion to have a look and to bring Cabot in to answer some questions.

Could you let us see the consent order please.

[BankFodder]

WillNotBCabottd - please will you contact me on our admin email address. Put "Cabot" in the subject line. I may have a useful contact for you.

 

Also, I suggest that you check your credit file and make sure that other damaging action which you may not yet be aware of has not been taken against you.

[WillNotBCabottd]

Back in 2008, 2 months after the Court Order dismissing the case, i got a letter from Cabot still chasing the debt, i immediately passed it on to my solicitor who wrote to them advising them of the dismissal. What I dont understand is 4 years on, these letters started arriving again. I will post the content of the order tomorrow

 

As promised yesterday, attached is the Cort Order and the recent letters I have received from Cabot and its agents. Cabot got a default judgement for these debts against me while I was abroad and even managed to get an interim charge on my house, but I successfully defended the claim and showed that not only can Cabot not prove the claims (my barristers enquiries showed that the debts were statute barred even in 2008), I was able to prove in Court that Cabot pursued the wrong person for the debts, none of them were mine as I was still living aboard when they were supposed to be incurred.

 

What i dont understand is why 4 years down the line after the claim dismissal, when the debts are even so many years over the staute barred limit and with a Court Order in place is Cabot still sending out these letters now.

 

I almost want to wait for them to launch another Court action before hitting them with a hefty compensation claim,I may still do if any adverse entries have been made on my credit file. While not worried, I am getting really irritated with this letters. I can imagine the distress they must be causing other people with their senseless and insensitive actions

cabot.pdf

Edited August 31, 2012 by citizenB
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[citizenB]

Have you checked to make sure they DID remove the charging order from the Land Registry ?

 

Have you also checked Trust online to ensure there is no CCJ on their records ?

 

http://www.trustonline.org.uk/ - It will cost you £4.00

 

It would appear to me that their own internal records were not updated - It looks as though somehow none of the original Default Judgment or charging order information has been removed from their own records and they are working on the assumption that this is a Judgment that has not been paid. Ooops..

 

How come they got away with both of you being responsible for paying your own costs for the set aside ?

 

I suggest you start keeping a note of any time/cost you have invested trying to resolve this matter, so you can hit them with a nice costs/ compensation order !