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

[Rhia]

hogdson , rugby spot on

 

Have these people got a death wish?

[pmhcfc]

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" ..

[andrew1]

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 .

 

Right, this is where life gets interesting regarding the name change. As rhia pointed out earlier, the raising of court papers in Kingshill No1 Ltd name is to be questioned. I posted earlier that it may be because it was raised before the name change. If what you are saying is correct, that the court papers were issued 20/02/07 then there is an issue because Kingshill No1 Ltd became a Dormant company (by name only) on 15/01/07 and the company Numbered 03757424 at Companies House then became Cabot Financial (UK)Ltd and all paperwork raised regarding the old Kingshill accounts should be in the name of Cabot Financial (UK)Ltd if being submitted to court. I'd suggest a scan over the paperwork for the Cabot Financial UK Ltd previously known as Kingshill No1 Ltd wording or speak to the court.

 

You are going to need to read over Debt Mountain, & tbern Cabot threads in your spare time because there are some real issues here. It does get confusing, but you'll soon get a feel for what they are doing and we all will help you step by step through it all ... we just love it !

[elizabeth1]

Have these people got a death wish?

 

 

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

[Seahorse]

What's the betting there'll be some panicky emails flying backwards and forwards this morning?

[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.

[Seahorse]

Well, you pays your money, you takes your chance. I'm sure other accounts in our portfolios are bearing somewhat better fruit for them. It's a pity we don't know who those people are, so we ask them to our little party.

 

I think I'll get some kind of flyer printed off, and leave it in our local library.

[debt_mountain]

We could advertise on Ebay?

[Seahorse]

I suppose we could, if we don't name individual DCA's etc. I'll go on over and get that started right now.

[NailPost]

The CCA request definately should be sent by recorded delivery. If you didn't run off another copy and send it again. It is important that you be able to show the judge, if it gets that far, you did what you claim you did. This company will deny ever having received your letter.

[Seahorse]

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.

[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.

[kennyparkroad]

did no-one else pick up on the fact he said he sent the CCA non recorded because it was a PO BOX

 

ALWAYS SEND RECORDED!

[mrrj]

I did send a cca on monday but didnt do it recorded delivery as its a po box number ,is there another address ,also what is a sar. Im just going to post the court form claiming dispute against the claim and that i want it dealt with at my local court.

[andrew1]

I did send a cca on monday but didnt do it recorded delivery as its a po box number ,is there another address ,also what is a sar. Im just going to post the court form claiming dispute against the claim and that i want it dealt with at my local court.

 

sar= Subject Access Request under the Data Protection act - details in the templates library - costs you £10 and you should get every detail they

(institution or company) hold on you.

 

ALWAYS send recorded delivery whether to a P.O box or otherwise. A P.O Box is just for the post office delivery to sort them because they invariably get so much mail ( from CAGGers no doubt! ) recorded delivery will only cost about £1 and will save you many many £'s in the long run.

 

10 Kingshill Avenue

West Malling

Kent ME19 4LT

[Seahorse]

Bang another CCA off pronto to them. I'll PM you in a mo, but you need to send it registered to this address...

 

Cabot Financial (Europe) Limited

10 Kings Hill Avenue

Kings Hill

West Malling

Kent ME19 4LT

 

Keep the stub you get from the post office, and staple it to the copy of the letter that you keep for yourself. You're going to need to invest in some folders.

 

SAR is a Statutory Access Request. It costs another £10, and it requests ALL the info that they have on you, under the Data Protection Act.

[andrew1]

Bump Seahorse!

[Seahorse]

Have you got nothing better to do than sit around waiting for replies to threads, Sarah?

[andrew1]

Have you got nothing better to do than sit around waiting for replies to threads, Sarah?

 

Not sure what you mean, but as i'd posted before yours I thought you were trying to steal the credit anyway, it's my lunch break!

[Seahorse]

HOHO. Did you get the PM?

[mrrj]

Sure Did All Printed Ready To Go

[Seahorse]

Sarah and co? Did you get a copy?

[andrew1]

j'sus seahorse, you're not sitting on here waiting to get replies to postings are you !