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

[Rhia]

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.

[Rhia]

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.

[Rhia]

hogdson , rugby spot on

 

Have these people got a death wish?

[Rhia]

I don't think DPA applies to the law courts but not entirely sure.

[Rhia]

Did the Judge order Cabot to release the DOA to you? If so what else did they send you? If Judge ordered disclosure you can ask for any information you need and they have to supply it.

Why did Morgan Stanley say they are part of the same company? It really is worrying how these employees know zilch about the law and even who they work for.

Also it isn't the DOA that is an executed copy I think you mean a copy of the original executed agreement.

And yes the original creditor should have sent you a notice of assignment and Cabot too.

[Rhia]

When is your hearing set for? I would probably do the following:

Go over the entire paperwork you have in front of you and dissect it word for word and as you go draw up a list of points where you disagree with them.

Also post your contract on the CCAthread on here (I think it's in general forum) as there are a lot of people with experience of these contracts. I couldn't see it very well but does it say application form or agreement?

As to the DOA it sounds like it proves nothing if there is nothing specific to you.

Add to your list the fact that the default was registered a whole year before you heard from these people.

If in doubt of next move with the court either call them or go and see them. They will usually tell you what will happen next.

I am not sure if you have been to court yet or if the DJ is just doing this all on paper.

Keep posting and people will drop by with extra info I am sure.

[Rhia]

There is also a lot of errors on all the docs , my address is slighlty wrong on the statements and on the back of the DOA was stapled a sheet with my name ,acc number and balance of which the account number and balance does not match the account statements. Also i have noticed that the Default registered with Equifax was registered over a year before they claim to have purchased the debt.Cabot appear to have sent all the details by the cut off date (last Thursday ) should i send a letter to the courts pointing out all these errors?

 

I meant to add contest all of this in a letter to the court. Do not admit to anything at all. It is up to them to prove it.

[Rhia]

What's this all about. Surely the Judge knows that they have to rpoduce a copy of the original executed agreement in court in order to rule whether the debt is enforceable or not?

Statements? Anyone can produce a copy of a statement using a pc or is he inviting them to unravel in court. V strange you need to educate the Judge what is accepted in a properly executed agreement.

[Rhia]

Just like to add my well done message. From looking pretty worrying you have turned this around brilliantly and all by using the CCA against these shysters. Keep up the pressure. You may have felt even like giving up but this shows why you shouldn't. Bring Cabot and their dodgy dealings to book.

CFC RULES!!!

[Rhia]

Are you leaving it there mrrj? Or do you intend chasing them for harrssment, illegally sharing your personal data etc etc?

(Good work by the way)

PS I suspect the prospect of their having to give a sworn affadavit must have clarified their thinking. Hope the compliants to FOS etc etc are on their way. I agree with Elizabeth this needs to be a sticky on the Cabot sub-forum.