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Cabot Finance bought a debt with a court order on it


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Hi guys, so over the years i've read the forums and they have helped me out greatly.

 

Now i have something i don't think i've ever read before

 

Bluestone credit management took me to court using banner jones,

i requested the case be heard at a local court.

 

The case was heard and i said that the case should not have even been heard since the creditor had not sent me a notice of assignment

as directed under the law of property act 1925.

 

The judge decided the claimant has 21 days to send me a notice of assignment, this turned up today, first class recorded.

 

Now the interesting part

 

Since the court has decided that a notice of assignment was never given

and bluestone have evidence that they have served me the notice of assignment from the 19th

does this not technically make all of the above defaults in my credit file illegal?

 

and what about with regards to the last two entries that state voluntary termination?

 

What options do i have with this now?

 

I know i could claim they have damaged my credit file by illegally placing defaults and i could ask for compensation,

£3597 would be convenient and see if they want to call it a null debt?

(That's the only idea i can throw out there)

 

but how would i go about this and is there anything i can before this?

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whats the debt all about

that's not a NoA that's a CRa file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh and unlawful not illegal

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes i know it is a cra file, I didn't think it was rellevant to upload the NOA but will do anyway

 

The debt was for a car that was stolen on Santander finance that the gap insurance refused to pay out on. I did ask the judge to take this into consideration that if i was found to be liable for the debt then they should have bluestone chase the gap insurnce for the debt as they cn afford to take people to court for money.

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When i took the gap insurance out via the dealer i was never given any paperwork, i accepted the payout on the insurance then later found out when i applied for the gap insurance i should hve let the gap insurance del with the payout

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you need to PDF attachments.

 

something smells here

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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if the gap wouldn't pay out reclaim it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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got the agreement and all the statements?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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have YOU got them all

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The contract is from approx 4 years ago, I can confirm they sent me everything that they sent to court so i also have the copies of the statements and contract. I am unsure whether i have the original contract and statement, what is it your looking for?

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see if we can help you we've got till march 2014?

 

scan them up lets see.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi guys, so over the years i've read the forums and they have helped me out greatly.

 

Now i have something i don't think i've ever read before

 

Bluestone credit management took me to court using banner jones,

i requested the case be heard at a local court.

 

The case was heard and i said that the case should not have even been heard since the creditor had not sent me a notice of assignment

as directed under the law of property act 1925.

 

The judge decided the claimant has 21 days to send me a notice of assignment, this turned up today, first class recorded.

 

Now the interesting part

 

Since the court has decided that a notice of assignment was never given

and bluestone have evidence that they have served me the notice of assignment from the 19th

does this not technically make all of the above defaults in my credit file illegal?

 

and what about with regards to the last two entries that state voluntary termination?

 

What options do i have with this now?

 

I know i could claim they have damaged my credit file by illegally placing defaults and i could ask for compensation,

£3597 would be convenient and see if they want to call it a null debt?

(That's the only idea i can throw out there)

 

but how would i go about this and is there anything i can before this?

 

If Bluestone were strangers to the original contract at the time of them placing defaults on your credit files,

then, yes, you have a claim against them for unlawful processing of your personal data,

defamation of your character and wrongful and unlawful interference with the contractual relations between you and the original creditor.

 

When amendments are made to any statute, such are never intended to be retrospective,

I believe that this same principle of law can and ought toi be applied to the circumstances of your case.

 

So, yes, you do indeed, to my mind anyway, have grounds to counterclaim against Bluestone based on the above,

because in accordance to statute (Law of Propertty Act 1925), Bluestone only acquired a right to undertake all rights and duties of the credit agreement

assigned/sold to them and process/disclose your personal data/ information thereunder and enforce the

said contract from the date of service of the Notice of assignment, which is 24th December 2013.

 

They may argue that the same is dated 19th December 2013,

however, this would not affect the matters I have set out above.

 

When a debt is assigned/sold; the new owner takes the place of the assignor

– the original creditor, and he (the new owner/assignee) must fulfil all of his obligations under the original agreement,

including any novation of any obligation agreed between the debtor and the original creditor.

 

However, until any such assignment becomes recognised in law pursuant to sections 136 & 196 of the Law of Property Act 1925,

the original creditor remains liable under the contract and the new owner has no rights recognised in law to interfere,

enforce, comment on, or disclose any of the information contained in such contact,

because, and this is established and settled law, the alleged or claimed new owner holds no rights on the same

because he is a stranger and strangers cannot and will not ever be permitted under English contract law to interfere with any contract to which he is not a party to.

 

Research contract law & strangers to contracts under English, you will find all your answers there.

 

Godzilla

 

Kind regards & Merry Christmas & a very happy New Year to you and your family

 

From The Mould

 

Kind regards

 

The Mould

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I think this may be what i am looking for The mould thank-you

 

I will scan in any information i have, but it will not be until boxing.

 

Happy Christmas to you all and keep up the good work

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  • 4 weeks later...

Hi all, sorry for the late reply i have had a lot to deal with recently.

 

I have scanned my credit agreement and also the notice of assignment bluestone credit management have sent me recorded delivery.

 

The court ordered the claimant to apply on notice to join santander consumer finance as a 2nd claimant or apply for directions and the relisting of the claim

 

The claimant notified the court that it intends to serve me a new notice of assignment.

 

Attached i have included the credit agreement and notice of assignment they sent me recorded delivery.

 

The file 16012014 is the credit agreement, this is dated 12/12/2009.

 

The file ending in 0001 is the notice of assignment,

 

Unfortunately i noticed that they had made the date the date they started defaulting my credit file.

 

The letter is dated 19 December 2013,

but the date they have sent the notice of assignment for is 4th December 2012.

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those attachments are hugh and can have the blanked out bit easily removed

 

please follow:

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 years later...

Evening all.

 

around a month ago Cabot attempted to obtain a CCJ against me regarding a debt they alleged I owed,

after using some unlawful practices in court I had the case dismissed and they stopped pursuing the debt.

 

Literally a week later they bought a debt from another company who I admitted I owed the debt to

a CCJ was granted,

they also put in an interim charging order to have the debt collected on the sale of my house (I think)

 

 

which I was happy with because at the time I was in quite a bit of debt due to losing my job

and was even getting into arrears with the mortgage etc.

 

I get the feeling Cabot bought the debt as they we're annoyed at losing a court case.

The CCJ obtained by another company was for in the region of £4500 and now Cabot claim I owe £4810.xx

 

I received the first letter the other week and was waiting on the letter from the Solicitor before I posted.

I am struggling to see the legitimacy of the selling of this debt in accompaniment of the court order,

 

 

I'm no professional in the legalities but surely the court ordered I owed the debt to the original company and all Cabot have done is paid off the CCJ and claimed the debt as their own despite the court ordered I owed the money to the original company?

 

I'm sure some of you have experienced and advised on this but for me I have never had any situation like this before:|

 

Also attached are the two letter I've had

cabot2.pdf

cabot1.pdf

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Cabot cannot add to the judgement debt unless explicitly mentioned. That almost never happens.

 

Cabot can be assigned this CCJ from the creditor as it is a commodity like everything else. They just cannot add to the debt or change any agreed repayment terms with the court or previous creditor

 

Do you have a copy of the actual judgement for this CCJ when it was granted

Edited by obiter dictum
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and the original debt was?

and who got the CCJ please and why did you not defend yourself?

 

 

and i'm not sure what sites you are reading...

but a debt buyer doesn't 'payoff' any debt or any CCJ's when they buy a debt.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi Obiter and DX. Like I said i've not had this situation before so was basing it on a logical scenario only.

 

I do not have the original copy of the CCJ as it was judged on in 2014,

although I can view the amount that was judged for and reference No etc.

 

 

The original CCJ was by Bluestone and came to very near £4550, and simply.

I owed the debt.

I could not afford to pay and was generally in financial distress at the time due to reduncancy etc

I could barely feed myself let alone spend money going to court etc.

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why did I already guess it was the bluestone one..

 

I read the thread [now merged here] and thought they got a CO on that

 

yes bluestone can sell the debt on with all rights

though theres a CO so why are they bothering to chase payment?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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