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

[debt_mountain]

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. 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.

[debt_mountain]

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.

[debt_mountain]

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.

 

Great advice so far, it is really good to see all of "the fan clubs" learnings coming together on one thread.

 

When you return the AQ you could add a draft order with it (there is a sticky thread with a draft order to attach to the AQ you can ammend). In this order I would have a line about the claimant having to provide a copy of the agreement, t&c, proof of assignment and proof of any default.

 

This is then looked at by the judge and if he thinks this info will help the case progress he can take these draft orders and demand by a set date when Cabot must supply them to the court.

 

If for some strange reasong they cannot supply them (highly likely) the case will be stayed or even struck out.

[debt_mountain]

I knew the good people of the Cabot 'fan-club' would come in (on masse) and help..Thanks all.....mrrj -- ya see, you're amongst friends here....I can almost hear WW now..."Oh God, not ANOTHER one" ..

Was WW not a Bond character, a bit stupid and gullable, (sp) Wilard Whitehose or something - got locked up in the mountains guarded by Bouncer and Bamby if I remember correctly.

[debt_mountain]

Sure looks like our friend DSS wants a new job? He really is pushing his luck?

He is just doing what he has trained to do and is probably making good money. It is Cabot I think need the new job or atleast start from scratch and write off all debts that fail the CCA criteria and only by CCA approved debts. Bet the new owners are a little miffed that they have just paid a few quid for a portfolio that has a large proportion of uncolectable debts. Shame.

[debt_mountain]

We could advertise on Ebay?

[debt_mountain]

Does anyone else agree that it it would be an idea getting an email off to Ken Maynard himself asking for the court action to be stopped until things are clarified? At least that would show the court an attempt to be reasonable and save the court's time. even if he answers in the negative.

 

It should probably be sent to Hodsons but it would do no harm. I think the fact the AQ adds 2 weeks and mnoving to a local court would add 2 weeeks and there is still about 2 weeks till the 28 days runs out, it does give 6 weeks which is enough time for the CCA and the SAR to run thier course so the data will either be avaiable for presenting at a hearing or not.

[debt_mountain]

[ATTACH]224[/ATTACH]

 

Hmmm...

Who has too much time on their hands?

 

should it not be CFC aka KHFC aka CFG aka TMSFC I know it will have to be a big T shirt but we shouldn't miss any of them out.

[debt_mountain]

Can you read it? does it have a reference to terms and conditions on a seperate sheet? if so have they supplied them too?

[debt_mountain]

mrrj

 

you need to push the unreadble agreement in court, did you get a copy? Do they have terms and coditions as a seperate sheet? if yes have they givenyou a copy?

 

you have found the best for help.

[debt_mountain]

is it worth mentioning the fact that the sales agreement allows Cabot to write and print a letter in MS's name. Misleading if nothing else. Rest looks good though.

 

DM

[debt_mountain]

Recieved a letter from the courts today ,they have fast tracked my case and set a directions hearing for the end of the month. Can anyone explain what fast track is . cheers

It means that it is not in the small claims track and there is a possibility of the losing party having to pay upto £750. on the plus side it means full disclosure is required.

[debt_mountain]

Just means that should you want more the judge can make sure you get it. Di you get the sales agreement? (I have just reread your thread and you did) I am reading though these and I really think that the assignment is not legal and if that is the case most assignments will be in the same way and challengable. I was just trying to point out the only benefit I can see of Fast Track.

 

I would study up on the legality of the assignment and if it is not to the letter of the law go after them.

[debt_mountain]

When is your next date, the one earlier in the thread 21st June ish has past?

[debt_mountain]

No way.....that cannot be right. They can't just create these sort of things willy nilly, although we know not to put it past them.

 

What is the next step? is it on to trial ? or another further directions hearing?

 

I would pull all the info you can on the prescribed requirements for the CCA and what make a legal assignment and send that to the judge and ask that he have Cabot supply the evidence for each of the requirements.

 

The fact that the deed of assignment doesn't show your name shows that the debt was never properly assigned, anyone can print a notice of assignment but they need to prove they did own the debt and that the followed the legal assignment process.

 

Why was this put to fast track? was it over £5K?

[debt_mountain]

Excellent, thats them kicked into touch then......

 

Well done.

 

14 days and counting.

[debt_mountain]

I predict they will not produce anything in the 14 days.

[debt_mountain]

I think the Judge wants them back in front of him so he can "play" with them. He want to see the best they can offer and have them swear to its authenticitiy and then he will rip it and hopefully them to bits.

 

great work.

[debt_mountain]

Well done,

 

this is a major milestone of defeat by these people, they may well be on the run.

 

Is it worth you posting the court name and claim reference number for others to quote in court as a case Hodsons dropped because they had no agreement etc.