kings hill (no1 ) ltd/ cabot

[elizabeth1]

I will do Elizabeth, but that will have to wait til tomorrow, as the courts cut off time is 4pm.

However the order states that " the claimant shall provide to the court & the defendant all available documentation to support the claim".They haven't sent me anything, ergo the claim will be struck out.

When I was in court the fact that they had not complied with the courts directions in the first place did not sit favourably with the judge, who defended me wonderfully.

All I had to do was sit there whilst their chap made a right tit of himself

 

 

Bartfink - good luck hope it all goes in your favour. I wasn't trying to pooh on your parade - it was just one CC company were really childish and did write to court on their last day and didn't copy to me!!! (rattles and prams??) so just hang in there till you "know" and then go back after these people!!!

They'd written loads of "untruths" in their reply to court and obviously thought I'd never see what was on their AQ - so I did get a copy from court and had the opportunity to write to court with alll my evidence clearly indicating the "untruths" being told on AQ forms from the CC Company - so now judge has docs clearly showing that what was declared on the AQ wasn't anywhere near the truth & facts of the case etc..

 

Sit tight - you've nothing to lose and everything to gain from chasing them back!! Your case back at them will be clearer - as you'll have facts to go back after them with!!!

[bartfink]

I have just rung the court....guess what? no documents filed.so the case is struck out, & iI made £50 too, what a joyous day

[andrew1]

Brilliant Bartfink - another step in the right direction... so what does this mean to you?

[elizabeth1]

I have just rung the court....guess what? no documents filed.so the case is struck out, & iI made £50 too, what a joyous day

 

 

Brilliant news!!!! Like music to your ears??

[Rhia]

Bartfink...excellent result. We're all hanging around the other Cabot threads to find out what happened with Debt Mountain today.

[tbern123]

Well done, between you and DM it has been a good day all round

[Seahorse]

Woohoo.

[NailPost]

Will you be letting Cabot know the good news - or do you think they already know!

[kennyparkroad]

subscribing to this thread

 

so what now, is that the end of it since they didnt prove squat?

[bartfink]

As far as I am concerned, that is that.

Thank you for all the nice messages, I seem to have joined a winners site lol

[Seahorse]

Any cheque yet, bartfink???

[thinksmart]

I know this thred ended months ago now with a win (hurrah) but I just wondered if any of the people that had followed the CCA route and were hoping and waiting to see if Cabot's failure to fulfill it would assist their cases have any news on that yet. Does defaulting on a CCA put the dampers on a creditor's case? And does it make any difference if the CCA was sent after the Claimant had initiated proceedings rather than before? Any advice based on actual experience of this would be HUGELY appreciated :O)

[debt_mountain]

I know this thred ended months ago now with a win (hurrah) but I just wondered if any of the people that had followed the CCA route and were hoping and waiting to see if Cabot's failure to fulfill it would assist their cases have any news on that yet. Does defaulting on a CCA put the dampers on a creditor's case? And does it make any difference if the CCA was sent after the Claimant had initiated proceedings rather than before? Any advice based on actual experience of this would be HUGELY appreciated :O)

 

Defaulting on the CCa request is not the end of the creditors fight, it just means, by law, they cannot enforce it UNTIL THEY COME UP WITH AN ENFORCEABLE AGREEMENT.

 

So a default only halts proceedings but should they find an a greement or in some cases make one up from a cut and shut job (allegedly) then the fight would commence.

 

It would then be up to the court to decide if it is enforceable or not.

[thinksmart]

WHat if they start proceedings before the CCA 1974 letter is sent and THEN default on it? Should a judge immediately issue an order to provide or better still an unless order to provide or has the defendant then missed the CCA 1974 letter "boat"? Not really expecting anyone to know the answer to that one but worth a try just in case :O) My experience so far is that the Court aren't in the least bothered.

[elizabeth1]

WHat if they start proceedings before the CCA 1974 letter is sent and THEN default on it? Should a judge immediately issue an order to provide or better still an unless order to provide or has the defendant then missed the CCA 1974 letter "boat"? Not really expecting anyone to know the answer to that one but worth a try just in case :O) My experience so far is that the Court aren't in the least bothered.

 

 

If they defaulted yopur account and still hadn't complied with the CCA request - you go back after them for their non compliance and request default removal and any other documents you may want in your POC's and deal with them that way on an N1 form.

 

This way then court will have a nice list of Docs you want and will order them to show them etc.. at court.

 

If it's a position where they'd say already issued proceedings against you - you then use their lack of compliance in your defence as you'd not recognise whether the claim were right.

 

Courts are actually bothered about the lack of compliance by these companies and the Judges are taking notice and drafting Orders telling these companies to comply and show original documents - I can say this from my own experiences so far and I have read similar in many threads on here. BUT what you need to do is keep it simple and not drown the CCA out with other complicated documents - it's what a lot of companies are doing to hide the CCA msihaps.