backdoor CCJ Cabot/Restons - old Blackhorse loan - **WON ** successfully set aside & Cabot Paid my costs!!

[martin2006]

Why not?

You can do a CCA request on anybody at any time you like and they have to respond to it in 12+2 days is my understanding.

 

Doesnt matter if a CCJ has been issued or you are just being nosey, it has to be supplied on request.

 

If Cabot cant/wont produce a CCA it give the OP a reasonable defence for the N244 application.

 

With clear proof they raised papers at the wrong address

then there is every chance they will do exactly the same as they done to me and withdraw, deleting the CCJ.

 

Is this a method you have tried and succeeded with 9000 ?

[AndyOrch]

Why not?

You can do a CCA request on anybody at any time you like and they have to respond to it in 12+2 days is my understanding.

 

Doesnt matter if a CCJ has been issued or you are just being nosey, it has to be supplied on request.

 

If Cabot cant/wont produce a CCA it give the OP a reasonable defence for the N244 application.

 

With clear proof they raised papers at the wrong address

then there is every chance they will do exactly the same as they done to me and withdraw, deleting the CCJ.

 

Which team do you bat for andyorch?

 

Me I bat for CAG and the Consumer...you will find a plethora of examples in the Legal Success Forum.

 

With regards to your point above.......

 

WHEN THE DUTY DOES NOT APPLY

 

4.1

 

Sections 77, 78 and 79 set out a limited number of situations where the

duty to supply copies and statements does not apply.

 

• It does not apply to an agreement under which no sum is, or will or may become payable by the debtor or hirer. It will therefore not apply where the agreement has been paid off and terminated. It will also not apply where judgment has been obtained, unless there is an interest-after-judgment clause in the agreement which the creditor or owner has not expressly waived.

 

Where, however, the agreement has merely been terminated, but monies are or will or may be payable under it by the debtor or hirer, the OFT considers that the duty will still apply.

 

http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

 

Now if you would care to provide your link which states the opposite?

[9000Parts]

Time to update this thread as its been quiet for a while now.

 

I submitted a complaint via email to Cabot for their behaviour in using the wrong address.

35 days later I get their final response saying it was nothing to do with them.

This is despite them and one of their employees being named in a witness statement.

 

 

Not long after receiving this I then started getting letters from DLC saying that they were investigating the matter.

Got a couple of 'we cant be bothered to look into this issue' letters from them

 

 

decided I would phone their compliance team up and have a word.

I know this goes against forum suggestions that you should never phone

but as the boots were on my feet I had nothing to lose.

 

 

Had 2 quite long conversations with a Mr XXXXXXX of DLC

and having explained the course of events including the strange actions of Restons pulling the case before I even got as far getting a Set Aside granted he agreed it seemed strange. He wasnt prepared to say anything about the wrong address issue though so left him to sort out their final response to that.

 

Then, I phone Cabot and their complaints resolution team and got to speak to a Ms.XXXXXXXX.

She just stated it was nothing to do with them and had nothing more to say.

 

 

At this point I read out the paragraph in the witness statement and I could hear the cogs turning as she started to backpeddle as quickly as she could.

 

 

Quite a few things were noted from that phone call which wont help them when it gets to the FOS but will keep that to myself just for now.

 

 

As I phoned late in the day she asked if she could call me back after I sent her copies of the witness statement.

I did raise the wrong address issue as well and reminded her of the Equifax stuff ive got confirming the address and information they received. More on this in a moment though.

 

I also contacted the FOS by phone and spoke to them about the whole saga

they are interested to look at the whole case once things are completed with DLC and Cabot.

 

 

I did ask for a full copy of my file with them and they agreed to do this without charge.

Still waiting for delivery of that but they havent exceeded 40 days yet so nothing more to be said at the moment.

There will be more things of interest to come though.

 

Back to last Friday and I get and email response from DLC with their final response.

it says that at the time they made the claim the case was not SB,

but due to the passing of time it is now SB and therefore dead and buried, never to be seen or heard from again.

 

 

I still dispute this as they are insistent I made a payment of £196.xx back in August 2009

and apparently I made some sort of acknowledgement in early 2010.

 

 

They also stated that they didnt have confidence in the data received from Equifax on my address

but there is a big flaw in this argument.

 

 

In the very same letter DLC state their last known address for me would have been when I lived in Somerset.

However, they used my previous address for the claim so they must have used the Equifax data they received but decided that they would use the previous address not the current one. This will be highlighted with the FOS

 

 

once I get the full discolsure of my file as there would be something in amongst that to justify not using the information they received.

 

In essence,

my complaint was partially upheld,

the case is closed as SB and

I have received my court costs of £394.15 plus £400 to cover the inconvenience and distress they have caused.

 

 

That isnt the end of this though as I will be going back to Cabot for a full explanation why they got their final response so wrong and what action are they taking against Ms.XXXXXXXXX for failing to do her job.

 

 

Apparently Miss XXXXXXXXX who issued instructions to Rectums has left Cabot (although her LinkedIn account doesnt reflect this) cant now be held to account for her failings.

Edited August 5, 2016 by Andyorch
Names removed

[AndyOrch]

Finally got to speak to the Courts today.

They confirm case is discontinued and the hearing date I had in June has been vacated/re-allocated.

 

 

Spoke about the Wasted Costs application but was told it would cost £255 to submit it.

This is a bit too much of a gamble so not going to do that.

 

Heard nothing back from Cabot since emailing them my complaint.

Might re-mail it with a Read Receipt attached to it.

If i dont hear from them soon then off to the FSA.

 

 

There is another thread with similar circumstances so would be an idea to bring that case in at the same time to demonstrate this is a systematic abuse rather than an administrative error.

 

Whats the chances of winning an MCOL against Cabot/Restons for my costs?

Maybe another gamble but would it be worth the application fee?

 

" I have received my court costs of £394.15 plus £400 to cover the inconvenience and distress they have caused "

 

So you did apply for wasted costs ?

 

Andy

[9000Parts]

" I have received my court costs of £394.15 plus £400 to cover the inconvenience and distress they have caused "

 

So you did apply for wasted costs ?

 

Andy

 

No, used their complaints process and offered them the opportunity to cover my costs.

They agreed the costs that I would have submitted to the Courts anyway plus the extra £400 which I wouldn't have got from the Courts.

 

Overall a better deal deal for me and more than I had suggested to them at one point.

Wasn't happy putting another £255 into the Courts either with no guarantee of success.

 

The FOS said they would compel them to pay up a reasonable amount if they found in my favour so had that as an avenue as well if needed.

 

Will keep this updated as ive got another call to make to Cabot today, might as well keep poking them with the big stick ive got now.

[Guest]

Overall a better deal deal for me and more than I had suggested to them at one point.

Wasn't happy putting another £255 into the Courts either with no guarantee of success.

The fos said they would compel them to pay up a reasonable amount if they found in my favour so had that as an avenue as well if needed.

thats good then. the complaints procedure as suggested sorted it without the need for further litigation, and poss costs against risks.

[dx100uk]

that's a very good win

very well done

 

 

was there any admittance that their searching of your cra file

did tell them your new address

thus making the claim rather dodgy?

or was that sorted of skirted around by them?

[9000Parts]

They couldn't deny that they done the searches based on the paperwork I have. In the final response they say they done the searches but then didn't have confidence in the information that they received. The did agree that this probably shouldn't have happened and they have commited this to paper. If you read back the post from earlier it covers something of a glaring hole in this argument though.

[dx100uk]

speculative claim then from day one

shame they try and blame 'one' person and they're gone..

 

 

we all know it had more to do with restons

they do this all the time

[9000Parts]

Time for another update because I am still working away on this.

 

1. Complaint to the FOS about Cabot and them claiming it was nothing to do with them.

 

 

FOS have agreed with Cabot that they only provided information to Restons (at DLCs request) so had nothing to do with the case at all! Still pondering this and might send it back to the FOS for a review.

 

2. After many requests I have finally got a (bad) copy of the CCA from DLC.

Im not at all happy with it as its quite a poor copy and would like somebody who knows their stuff to take a view on its authenticity. Is there anybody here that fancies looking it over for me?

 

They have also now come up with the Black Horse account details showing some irregular payments but no more than their value.

I know that I did not make any of these payments so what they have sent me doesnt tally at all.

 

 

Trouble is, I have no idea where to go with this.

 

 

Do I SAR Black Horse and see what they come up with or is that a waste of £10?

 

3. I now have the details of the person who turned up in court on my first (and only) visit waving a sheet of numbers under my nose but then lost that same sheet of numbers when the Judge wanted to look at them.

 

 

Question is, can I do anything to upset his day?

He obviously turned up without any actual paperwork

(The CCA has only just been found/made up)

so he knew he would lose even a vaguely defended case if it got that far.

Maybe a complaint about him trying to bully me pre-hearing?

 

Really though,

I want somebody to take a view of the CCA I have in .pdf format.

I think its wrong but all I have is the zoom function in Adobe.

[dx100uk]

redact it and upload

 

 

thought you'd SAR'd BH longtime ago?

[9000Parts]

Didnt need to SAR BH in hte end as they bailed on me and DLC offered me full disclosure FOC. As for redacting parts of the document, doing that is going to tamper with it and may destroy some of the anomalies I think I can see. I would prefer somebody to see a virgin, untouched version of what I have got.

 

One other thing, when did the law change with regard to producing original CCAs? Was it somewhere towards the end of 2006 when things changed and a reconstituted version was allowed?

[dx100uk]

Apr 2007

 

Just redact simply - name reg account number

[9000Parts]

Needs to be zoomed in quite a lot. Also, does somebody have a similar document because I think there is something missing (I havent redacted any dates).

(COA) 10018390960-page0001.pdf

[dx100uk]

std BH agreement

nothing wrong there I can see

[9000Parts]

dx100uk said:

std BH agreement

nothing wrong there I can see

 

Its not the agreement itself that bothers me too much.

It just looks like its been made up of more than 1 agreement to me.

 

I dont know if DLC have a paper copy of it and scanned it or if they have just received a scanned copy of it.

Ive asked for the paper copy of it to be posted to me already.

Should there be a date next to my signature?

 

not sure I remember signing anything legal without also dating the signature.

[dx100uk]

which is why an sar to the original creditor is always important

you can speculate worry pontificate argue till the cows come home.

 

 

without the evidence and requesting it from the horses mouth its all pointless