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Judge won't grant me the deeds of assignment from cabot financial


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Online discussion with a judge and a lawyer acting for Cabot financial in resulting to the judge not listening to what I asked and making his judgement.

 

the mistakes on each evidence form by cabot was not an issue, the judge said and what's that got to do with the debt.

The judge also asking would I like monthly instalments to pay. PAY WHAT!

I do not have any agreement with Cabot.

 

Then I asked for the DEEDS ASIGNMENT, and that's when it got messy,

also then explaining that the letters sent from HITACHI are not from them ( not signed by anyone, dates and my address do not add up) because HITACHI do not have my new address but sent me a letter to my new address on 2019 to then have sent a letter to my old address on 2021,

 

also after speaking to HITACHI they only have my old address and the last correspondence from them to me was 2017  

but the judge was not interested ,

did not grant me anything and he ruled in their favour,

 

I am going to have to appeal which I do not have any faith in the court system

 

do I now go with the fraudulent letters to the fraud team...

.but who do I now contact about this situation.

 

I am not paying Cabot and I don't care what a judge said, if he can't listen to me well I wont listen to him.

 

Any advice would be extremely appreciated 

 

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urm..this seems a bit freeman of the land to me but no matter - but hope not.

 

could you get us upto speed please

 

and fill this out:

 

and to one mass PDF, suitably redacted, can we have:

your defence and your witness statement and the claimants witness statement.

 

 

 

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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5 hours ago, Dodie said:

I am not paying Cabot and I don't care what a judge said, if he can't listen to me well I wont listen to him.

 

Any advice would be extremely appreciated 

 

 

Advice?

1) Clarify if you have grounds to appeal, or if it is you "being stubborn" based on your belief of being right

2) If called to court for an examination based on refusal to pay, find a better answer than " I don't care what a judge said, if he can't listen to me well I wont listen to him.", ......... or 'take a toothbrush' along with you.

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You won't get the deeds of assignment, they are confidential documents between B2B.

 

Do you mean 'notice of assignment'?

 

Have you moved address since taking out this agreement?

 

The agreement you have with Cabot is in the original T&C's you signed with Hitachi? it will state in there that they may assign the account to a third party, Cabrot being the third party.

 

How much is this for, how old is it, how has it got in front of a DJ?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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won't know a thing till the OP responds to the thread BB giving us the info required

doing an N244 set aside at this stage will be a pointless waste of £255.

 

i've a funny feeling they never sent a CCA nor CPR but relied upon following fMoTl twaddle as the statement 'i have no agreement with Cabot' is also very telling.

 

:noidea:

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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They sent the notice of agreement, but I wanted to see the deeds of assignment as I know they can get them because they buy in bulk. The judge kept asking how I would like to pay. I kept saying No payments, and I do not want to go into any agreement with Cabot.

 

He started to get a bit annoyed especially after I said about the fraudulent letters, the dates and the addresses. I also said I was waiting on evidence to send into the court, but got cut off by him saying, its my court and he rules, then I heard the clerk asking cabots lawyer the cost and she gave over figures, I think it was the cost they are charging to take me to court.

 

The original lender Hitachi 2012 agreement has my old address on it. Cabot got my new address from a credit search and told me how they got it by letter to my new address.

 

It was around £3,600 and now I have a ccj on my credit file for another 6years just when now I am trying to get back on my feet after losing my Job.

 

Cabot should be stopped, they are making big money off of people's misfortune especially when they are doing it also fraudulently by sending letters and kidding on they're from Hitachi.

 

Do you know what happens if you do not pay them after a judge unfairly made his decision 

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Posted (edited)

See previous replies.

 

Going down the “deeds of assignment” route, (trying to claim that Cabot had no standing unless they produced those deeds) was a non-starter.

 

You also had an opportunity (“The judge also asking would I like monthly instalments to pay. “) to explain why you could only pay a nominal sum each month, but didn’t take that opportunity.

 

Your options now are;

A) Appeal / get the judgment set-aside. You should have come here first rather than attempting a “non-starter” defence, but we are where we are.

However, Courts dont like endless re-litigation, and I’m concerned that any attempt to re-litigate on the grounds that you didn’t get it right first time won’t help you - you’ll likely need more substantial grounds of appeal.

B) You now seek the minimal monthly payment, but yes, you’ll have a CCJ on your record.

C) You don’t seek any appeal and also don’t pay anything. You’ll still have the CCJ on your record and Cabot can look at enforcement options. They “can’t get blood from a stone”, so if you can’t pay (rather than won’t pay!), and have no assets / property they can enforce against, then there is nothing they can do.*

However: If your situation later changes you’ll still have the CCJ (even after it has dropped off your credit file), but they’d need permission of the court to restart enforcement after 6 years (& “they had no assets to enforce against, we kept in contact with them, they now have assets & the CCJ remains unsatisfied” is likely to be seen by a court as a reason why permission to enforce could be granted).

 

* “Nothing they can do” to make you pay more than a nominal sum, if that is all you have, but they can look at enforcement such as:

HCEO visits

charging orders on property

Attachment of earnings

You having to attend court for an enquiry into your “means” to show that it is “can’t pay” rather than “won’t pay”

Edited by BazzaS
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cant use HCEO's its CCA regulated debt <£5k

 

this issue of no deeds is very small fry in the overall picture on enforceability, as are wrong addresses on letters from any said dates.

 

you indicate this was a 2012 hitachi loan agreement ,

how did you take this out? online? in a store?

what was it for?,

 

if the address on an agreement is correct for it's take out date and there is a signature or an online typed one with an IP address, there is really little leverage there it's non compliant.

 

as for costs, they are fixed in small claims too, so you didn't get done over there either.

 

now unless you are going to put up everything i've asked for, i can see little point in you even attempting an appeal /set aside via an N244, as it appear the important parts are correct.

 

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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