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kings hill/hodsons[cabot] claimform - mogan Stanley card **DISCONTINUED**


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Hi

im new to this site and just stumbled across it after searching for advice.

 

I have been served with court proceedings from kings hill for a debt from a card company that they have purchased .

 

I have replied to the courts for an extension (28 days , court letter dated 20/02/2007).

i was all prepared to get a ccj

 

after reading plenty of theads on your site i wondered if i had a glimmer of hope .

 

Please Please help me thanx .

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We need a bit more information regarding the debt before we can give any advice. How old is the debt, when did you last pay anything on it etc

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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Hi im new to this site and just stumbled accross it after searching for advice. I have been served with court proceedings from kings hill for a debt acard company that they have purchased .I have replied to the courts for an extension (28 days , court letter dated 20/02/2007). i was all prepared to get a ccj but after reading plenty of theads on your site i wondered if i had a glimmer of hope . Please Please help me thanx .

 

Kings Hill #1 no longer exist as a company...Read the main Cabot threads to get the idea..Welcome to the 'Cabot club' (they own Kings hill #1 so I cant see how kings hill can take you to court)...go read!! http://www.consumeractiongroup.co.uk/forum/general-debt/54029-seahorse-cabot.html and http://www.consumeractiongroup.co.uk/forum/general-debt/36665-cabot-again-urgent-help.html

Just hate every DCA out there

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the debt is about 5 years old and i havent received a letter from kings hill for years and have never made kings hill any payments

 

Ok..I'm a little confused here...You said in your first post that you'd been served court papers from Kings Hill...Is it Kings Hill or Cabot, or someone else? ...

Just hate every DCA out there

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on the claim form the claimant is kings hill no1 ltd but on another page is says(at all material times cabot finacial europe ltd administer accounts on behalf of the claimant being part of the cabot group of companies ) ?

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im hoping someone could point me in the right direction as by my calculations kings hill will have a ccj on me in about 15 days ,If anyone has a sugestion what my first course of action is that would be great.

On my court claim it says that kings hill aquired the debt from my credit card company early 2004 but they have never contacted me about this default.

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im hoping someone could point me in the right direction as by my calculations kings hill will have a ccj on me in about 15 days ,If anyone has a sugestion what my first course of action is that would be great.

On my court claim it says that kings hill aquired the debt from my credit card company early 2004 but they have never contacted me about this default.

 

Ive asked for a CAbot expert (SeaHorse) to come to this thread for you...I daren't make comment on this..I think KH#1 have no right to do this as they are no longer a trading company

Just hate every DCA out there

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Sea Horse will probably be along shortly but King's Hill No 1 Ltd is indeed a dormant company. It is now known as Cabot Financial (UK)Ltd so how they have raised court papers against you is interesting to start with.

 

You must defend this. But you may need to tell the court it is in dispute when you enter your defence.

 

You need Cabot to supply the original executed agreement between yourself and the original letter, a letter of assignment of the debt and full statements. Send a request under the Consumer Credit Act (templates on this site) with a cheque for £1. They have to send you this within 12 days.

 

When you get this examine the agreement and make sure it is an agreement and not an application form. Do all this tonight and send it all signed for and keep receipts. You should also add the line that you do not recognise a debt with Kings Hill.?

 

What is going on here? How can KH have started the court proceedings?

You must read the two threads mentioned here and it will become clear what you are dealing with.

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PS They will only be able to get a CCJ against you if you don't defend and don't turn up at the court so take control of this.

Also do you have a property? If so they have been trawling around the land registry looking for people with properties so they can put a charge on the house. But don't worry they are a but of complete muppets...with everyone's help you will be able to fight back.

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Kings Hill #1 no longer exist as a company...Read the main Cabot threads to get the idea..Welcome to the 'Cabot club' (they own Kings hill #1 so I cant see how kings hill can take you to court)...go read!! http://www.consumeractiongroup.co.uk/forum/general-debt/54029-seahorse-cabot.html and http://www.consumeractiongroup.co.uk/forum/general-debt/36665-cabot-again-urgent-help.html

 

Firstly, lets just clear up one thing, Kingshill No1 Ltd were trading/ operating until they changed their name to Cabot Financial (UK)Ltd, the name Kingshill was transfered into a dormant company ( which happened to be called Cabot Financial UK Ltd) but the registered company number continues as if it's the same company. Do not get confused by this change of name - the company still exists and all the trading figures from the 'old' Kingshill remain with the new name of Cabot Financial UK Ltd. It's just a new face job the body (the legal entity) is still the same.

 

As for the court papers being filed in Kingshill name it may be they were raised before the change over of names so what date was the court summons issued?

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Right. (Rolls sleeves up and gets comfortable). Who the heck nominated me Cabot expert????? Yez are all a bunch of twisty twisters that should be working for that twisty company, Kings Hill (Twisty) Limited. :p

 

OK, You need to try to remember everything that you would have got way back when Kings Hill were victimising you 5 years ago, and what you did (if anything) in response to them contacting you.

 

Who was the original alleged debt with? When was the last time you acknowledged a debt with either the original creditors and/or Kings Hill, either in writing, by making an arrangement to pay of any sort, or paying anything at all? If it was over 6 years ago, turn up in court and argue they're sh*t out of luck, because of limitations. It will then be up to them to prove that the debt was acknowledged within the timescale, and if it wasn't, they'll have nothing to back it up.

 

Failing that argument, do you think you might have actually owed anything to the original creditor? (It's a pity we don't really have the full story here yet, as a lot depends on what exactly went on, so it's difficult to formulate a strategy.) And did you actually respond to Kings Hill/Cabot way back when? What you really need to know is, what they intend to go into court with to prove the debt. At this late stage, it might be difficult to figure this out. BUT, you MIGHT just be in time to salvage something.

 

First off, send a CCA request off to Cabot, recorded delivery, with a quid for the statutory fee. Here's the one I sent, so just adjust to suit your own details.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/54029-seahorse-cabot.html#post465003

 

Obviously you will need to tailor it considerably as they are already taking action, but that should be no problem.

 

Next, I'd pop down to the court to ask for their advice about defending this, as I think you'll probably end up there. BUT, it will probably not be as scary as you think. The letter above will very hopefully get there in enough time to start the clock ticking, and they have 12 days to respond with a copy (at the very least) of your original credit agreement. I am hoping they won't already have it, so won't be able to send it in time. If they HAVEN'T got it, they cannot really enforce the debt. They will probably argue that they don't need it, as the debt was properly assigned. But if they can't bring documented eveidence into court, they're stuffed. They will also probably try to argue that they do not NEED to comply with the requirements of the CCA, but my own understanding is, that's nonsense. If they DO have it, it might not comply with an agreement as is understood under the Consumer Credit Act either. So if they do let you have sight of it, can you scan it and let us see it? Even email it to me? We should be able to give you an idea of whether they stand a chance with this.

 

If they don't supply it within the 12 days, they are in default. You could mention this in court if you have to and have nothing else. Mr Judge certainly won't like it, but it might not stop him finding against you if they have all the other evidence they need. If you do find yourself in that situation, you really need to be able to say that you are disputing the debt, and are trying to find out whether you did owe the original creditors the amount you are being chased for. So you'll need to get in touch with them sharpish too. If you can let us know who they were, and as much info as possible, we will hopefully be able to advise you further.

 

Oh, while you are down the court asking for info, just ask, as you are only just becoming aware of your rights, is there any procedure you might be able to follow to postpone things further until you complete your inquiries?

 

I hope this has helped a wee bit. Try to give us as much info as possible so we can work out things in a bit more detail. I'll keep checking back all night.

 

tBern!!!! HELP!!!!

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Oooh I would love them to take me to court I'd be there like a flash. :p

 

I think you definately need to defend the matter, especially if you dont want a CCJ registered against you for the next 6 years. The first thing is to respond to the court and state you want to defend the matter, it will then probably be allocated a court date at a later date to allow you some time to resolve the matter with Cabot or get your stuff together to defend.

 

First thing is you must request a SAR (Subject Access Request) there is a template on here somewhere. YOu need to state you do not awknowledge any debt to them, you want a copy of the original signed and true credit agreement, statements, default notice etc. (they can rarely ever provide this information) I wouldnt put it past them trying to get a CCJ on you on the hope that you wouldnt respond and they would get it by default. Buggers! they certainly wont be able to get the documents to you in the next 15 days, in my experience they send out the standard "it will take upto four weeks for us to contact company"...... follow Seahorses advice and more importantly DO NOT WORRY :oops: these cowboys are jokers! Good luck.

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Welcome to the Cabot fan club.

 

First thing is to know you are in good hand, the CCA and SAR are important to get out now.

 

I would also send the £2 to Experian and Equifax just to see what they are reporting on your file (or for speed use the 30 day trial on line for eac company)

 

You can then also include something in your counterclaim against them. You will need to search the site for what can be putin a counter claim.

 

Mke sure you add as much info as you can on this thread, if you don't want Cabot to read anything just PM it to the folks who have replied so far but add TBERN1 to the list as he may have 1 or 2 minor coments to add.

 

As for going to court, do not be scared, try to find someone else on the forum that may be willing to go along for support, where is the court?

 

ps. tell cabot when you meet them that the "fan club" are asking for them.:D You are in good hands now. I am sure there is something that can be done but as Rhia said you MUST respond and appear in court to prevent this going bad.

If I have helped click my scales....

 

Find my threads by clicking here

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I alsomeant to add that you sould also be asking in court for them to provide the agreement, a copy of the terms and conditions (plus any other referenced document in the agreement), some proof that a default notice wasissued (if you ave a default registered with a CRA) and also proof that they have legal right to collect the debt. They may say that Kingshillown the debt but Cabot Europe can collect it, make sure they give legal proof they can pass you info fron Kingshill to cabot europe.

If I have helped click my scales....

 

Find my threads by clicking here

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I'm just subscribing to this fan-club (sorry, thread) ;) as Cabot passed over a 12 year debt taht they can't even prove is mine to some YTS kids at Mackenzie Hall - am quite happy to see them getting shafted on a regular basis because of this.

 

Do you think they can feel the love?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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plenty off advice thanx ,now after scanning through your site yesterday i already sent a cca to kings hill but didnt send it recorded delivery (because its a po box ) should i send one recorded and who to. Next my original debt was whith morgan stanley about five years for about £4500

(i defaulted because i was younger and poorer) but i have had very little contact (if any ?) from kings hill . The date of the court claim form is 20/02/07 and i have acknowledge the claim so the court wont take action for 28 days i hope this is of help.

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Which court is it at? one near you? if not, you can apply to have it moved to your nearest court - that would give you some breathing space.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Northampton by any chance?

 

Right, well this will buy you a little more time, fortunately. contact the court they ahve applied to and advise them you intend to dfend and would like the hearing moved to your local court. They will go through the procedure with you over the phone.

 

Give them a call in the moening and let us know how you get on.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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no its not at a court anywhere near me

 

 

Is it Hodsons Solicitors & Rugby County Court ??

 

You are getting some good advicehere. The key to these companies is to read the many threads here about Cabots/Kings Hill etc.. - you will soon discover that you are not on your own and there is plenty of help and advice here for you.

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hogdson , rugby spot on

 

 

Don't worry - I met this crowd before they are no threat really.

As others before me have said do the CCA and SAR request first of all and send an 11 pound cheque/postal order. With this you are asking for a signed true copy of your credit agreement and any data they have on you regarding the account etc.. letters to edit are in the template library for you to use.

 

Make a copy of the letters to copy to the court with your reply (a copy of your payment is a good thing to keep too) you can write and as others have said tell court you simply don't recognise the debt and you have sent to the company involved for the CCA/SAR info - enclose to court the copies of these letters. (by doing this you are showing court you are seriously looking to gain the relevant info to reply to the claim properly)

 

Ask on the court form to have the case transferred to your local court etc.. there is a tick box there to do this in the form. Tell court you are a private individual you can't travel for purposes of this case etc.. and they allow you to have case heard locally if the need is there later for a hearing.

 

It maybe a good idea to copy any correspondence you make with court to Hodsons - just to keep them updated on where you are up to etc.. (shows willingness on your part to play it clean etc..)

 

Court will then send you an AQ (allocation questionnaire) form to complete with a date written on it - make sure you keep to the court dates for completing your forms etc.. (chances are they won't file AQ papers) and again copy papers to Hodsons. With the AQ papers - write to court to remind them you asked for relevant paperwork off this company and you are still awaiting their arrival etc.. - copy any response from Cabots to court to show your are trying etc.. and they haven't complied to date.

 

All you need to do is keep within the deadlines court sets for paperwork and reply etc.. court will see who is dragging their feet and not supplying the data to support the claim.

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