Kings Hill - advice please!

[psykix]

Solicitor is ringing me tomorrow re: what I want to do.. If they are not interested in taking it on, I'll try another couple of solicitors, and failing that, I'll do a bit of DIY...

 

Kind of getting the taste for this...

[psykix]

Copy of email sent to Watchdog tonight... I feel that someone high profile needs to be made aware of the way this group of companies conducts itself...

 

 

 

 

In October 2006, I received a court summons which indicated I owed 3 credit card debts. My wife died in November 2003, and after her death I found she had forged my signature as guarantor on a lease agreement, which I should point out is separate from the debts that Kings Hill are pursuing me for. I feel that in these circumstances, that Kings Hill should at least have to prove that I owe these debts. When I received a court summons from Kings Hill, I responded to their solicitor, and cc'ed Kings Hill explaining the unfortunate circumstances around my wife's death and the significant amount of debt she left me, and asked that we come to a payment arrangement. Kings Hill disregarded my letter, despite acknowledgment from their solicitor of receipt of my letter, and that they were awaiting their clients instructions and with scant disregard to my circumstances, and proceeded with the court summons and had a default registered by default against me. Since then, an interim charging order was placed on my property. I wasn't given any notification of the hearing, and so had no opportunity to attend or defend this. On 3rd April 2007, a hearing was held, which unfortunately due to work commitments I was unable to attend. I sent the district judge 2 letters asking for an adjournment, as I had a defence to make. At NO TIME have Kings Hill (No.1) Ltd produced any documentation relating to the debts which they say I owe. I am entitled to true copies of any credit agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit).

The district judge, having received my 2 letters indicating that at no time have the claimant provided evidence of the debt, and deciding to ignore them, in his infinate wisdom decided to make the charging order final.

Above all this, I feel that the three debts above (even if they do exist) are statute barred, and that Kings Hill (No.1) Ltd (if that’s what they are indeed called these days) have no right to pursue them.

Watchdog would do well to investigate the operating practices of the Cabot Group (including Kings Hill (No.1) Ltd) of companies, and their working practices. Contravention to the Data Protection Act, threatening letters, and turning up in court without having prepared the necessary documents appear to be the order of the day For Mr Maynard and his company.

If you care to look at http://www.consumeractiongroup.co.uk/forum/cabot/ you will see that this is hardly an isolated incident, and you will also get a feel for their malpractice.

Obviously, the fact they are allowed to turn up in court totally unprepared, and without the documentation to back up their claim is permitted by the district judges – as they appear to allow them to bend the law at will.

Feel free to open this can of worms, and if you reply to this email, I will be more than happy to give you a contact telephone number for myself.

[tbern123]

Thats the spirit....

 

You might even start to enjoy it, there is a lot of fun and amusment to be had,

[psykix]

Well, I've had an auto response from Watchdog to say my email has been received. Hopefully they will come and read this forum, and if they do, how they can fail to investigate will be beyond me...

 

Maybe if I can get the (mal)practices of the Cabot group of companies in the public eye, something will be done...

 

So... Who else can I send that email to?

[psykix]

I believe there is an email address for a Daily Mirror reporter on the site somewhere? Can someone point me in the direction of it?

 

I did a search but it came up with hundreds of posts!

 

Thanks!

[psykix]

Sorry, I need some more advice!

 

On my credit report, the defaults relating to this thread show as follows...

 

KINGS HILL (NO 1) LIMITEDAccount type:Credit Card / Store CardStarted:18/03/1998Default Balance:£2,854Current Balance:£3,416Defaulted On:13/02/2002File updated for period to:18/03/2007Status History:

(brackets indicate most recent status)

 

And :-

 

KINGS HILL (NO 1) LIMITEDAccount type:Credit Card / Store CardStarted:10/05/1999Default Balance:£1,354Current Balance:£2,046Defaulted On:15/02/2002File updated for period to:04/03/2007Status History:

(brackets indicate most recent status)[]

 

 

My question is, the differences between the default balance, and current balance must be charges of some form? But charges by the orginal creditors or by DCA's? So presumably I can SAR and get these back? If this is true, then who do I SAR? The original debtor or Cabot/Kings Hill? Hopefully not both, will cost me a few quid to do that!

 

Thanks for any advice..

[elizabeth1]

I would be tempted to CCA & SAR Kings Hill/Cabots sending them £11 to cover both costs of this. You'll probably find Kings Hill have been adding huge chuncks of interest to these accounts.

 

I would also CCA & SAR the original lenders too sending the same fee.

 

This way you get a better picture of what charges were applied and where etc.. Having access to the SAR's from both Cabots and the original Lenders should allow you to track the charges/interest applied etc.. then you can treat this appropriately.

[psykix]

I've already CCA'd Kings Hill (well Cabot), but not had any acknowledgement of my letter. Maybe they think because they have a charging order they don't have to comply with my request?

 

So I SAR Cabot, and then SAR the original creditors? So that's 3 x debts to 3 different creditors, plus Cabot... so £40?

 

Hope it's worthwhile!

 

One other question, if the debt is over 6 years old, then I can't claim back charges can I? Although those charges on the defaults appear to be more recent.

 

My brain is starting to hurt with it all! Need to try to get it all straight in my head!

[tbern123]

Going by the defence they have filed they will say that they never recieved your CCA, which means they haven't committed an offence.

 

I would SAR them, if I was you.. Get a clear picture of where you stand after all, what do you have to lose ?

[psykix]

They have. It was signed for...

 

I was a bit late in the day doing it though, as the CCJ and charging order are already in place.

 

I'm getting myself more muddled about it all the more I think about it!!

[elizabeth1]

I am not sure about the 6 year thing as I have seen some threads where people are discussing this - but am not sure if there are successful claims to include charges older than the 6 years.

 

You may find the charges added by Cabots are "interest" rather than penalties and I could say how those are treated etc.. - maybe someone with more experience and knowledge will be able to advise there.

 

I know £40 is a lot of money to SAR/CCA these companies - but it's the only way of seeing how the charges were applied etc.. - you can add this cost to any claim you make for the charges refunds etc..

[elizabeth1]

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

try this link to read about the older than 6 year stuff - it may help you

[psykix]

Flippin' 'eck! It's like double Dutch!

[psykix]

Well, the solicitor's I rang failed to ring me back (much as I expected really). So.. I'm going to fill in a N244. Should I wait for a response to my CCA request first? And should I SAR them first too? Time is not really on my side I guess, as they already have the charging order over my property. I guess I'm just trying to get a schedule of action together in my head. This is how it stands at present...

 

They have charging order.

 

I have sent CCA request to them, after CCJ in default but before final charging order was made.

 

I have N244 ready to fill out.

 

I haven't SAR'ed them yet.

 

So, plan of action?

 

Basically is it worth filling in N244 and getting it sent off or should I be doing the SAR and waiting on response to my CCA request first?

 

Sorry for waffling!

[InKogneeToh]

Hi

 

If it was me, I would make your application for the set-aside and apply for the SARs now! On your N244 explain your reasons for applying to have the CCJ set aside (i.e. you where awaiting a response from Cabot on your offer to make a payment arrangement, did NOT anticipate that they would nevertheless continue with the CCJ hearing whilst negotiations where ongoing and that therefore you assumed the hearing date would be vacated. Explain that you WOULD have defended the claim, in part or in whole, if you had known that the hearing was going ahead regardless.

 

Also explain that you are awaiting a response to your SAR's so that you can fully particularise your defence and that in light of this you request that the court allows sufficient time before setting a hearing date.

 

I am not sure if you will get, or even if they obliged to send, a response to your CCA request as these are only really applicable to agreements that are still 'open' and yours has now gone to CCJ stage. However, provided that you emphasise in your SAR that you require ALL data from ALL relevant filing systems then they are obliged to send (amongst other things) a copy of EVERY document that relates to you, so if they still have the agreement it should be included.

 

Also, if you can get the CCJ set aside then you must apply for the charging order to be set aside also. If Cabot subsequently applies for another CCJ (which they can!), you are entitled to apply for a time order for any amount you are found to actually owe.

 

Regards, Pam

[psykix]

Thank for that Pam, you're a star...

 

Any chance you could draft me a Part C for the N244 and PM it to me? I know Cabot et al read this forum...

 

I'll then get that done, and take it in person to the court on Tuesday..

 

I'll also do the SAR's.. Presumably I need 4 of them.. the 3 original creditors and Cabot...

 

Cheers!

[InKogneeToh]

Hi

 

I don't mind having a go but can't promise that I'll have it ready for Tuesday as I have so much else to do (I'm supposed to be painting today!). Will give it a try though. PM me so that I have a permanent reminder.

 

Regards, Pam

[psykix]

PM sent

 

Thanks, really appreciate it!

[InKogneeToh]

Hi again

 

Apart from your telephone conversation with Cabot's solicitors, have you ever acknowledged these debts in writing, or by actually making a payment, either to Cabot or the original creditors, within the last 6 years?

 

Regards, Pam

[psykix]

Other than the letter to them just before the CCJ was made in default explaining the intimely death of my wife, the debt that she left me in, and that we come to a payment arrangement... no... And that was probably outside the 6 years anyway.... The debts are from circa 1999/2000.. and that letter I sent was in Oct 2006.

 

Cheers!

[gizmo111]

Seems to me from your CRA file that you defaulted in 2002 and acknowledged in writing in Oct 06, so they these debts are not statute barred. Have you anything in writing saying that they will stop court action and come to an agreeemtn with you?

I cannot see what grounds you ahve to have the CCJ set aside as you acknowledged the court docs and never defended the action. What were the terms of the CCJ and did you stick to them?

[psykix]

It may show as defaulted in 2002, however I am sure that the last payment I made was much earlier than that.

 

There were no terms to the CCJ. I have a letter from their solicitors acknowledging my letter, and saying they were awaiting their client's instructions...

[InKogneeToh]

Seems to me from your CRA file that you defaulted in 2002 and acknowledged in writing in Oct 06, so they these debts are not statute barred. Have you anything in writing saying that they will stop court action and come to an agreeemtn with you?

I cannot see what grounds you ahve to have the CCJ set aside as you acknowledged the court docs and never defended the action. What were the terms of the CCJ and did you stick to them?

 

Hi

 

The date that the default notice was recorded as being entered on the CRA file is not a reliable indicator of the first date from which the limitation period can be deemed to run.

 

E.g. I had a loan that I stopped paying in 1998. I moved house after that and heard nothing more. But a couple of months ago I decided to get a copy of my credit report and discovered that this debt had been recorded as defaulted in 2002!!

 

The limitation period starts from the date that the debtor last acknowledges the debt (in writing) or makes a payment, and not from the date that a default is recorded.

 

Regards, Pam

[gizmo111]

The limitation period starts from the date that the debtor last acknowledges the debt (in writing) or makes a payment, and not from the date that a default is recorded.

 

 

I am well aware of that but a default on a CRA file is a pretty good indicator IME. The OP neds to eb sure when he last made a payment as he acknowledged it in Oct 06 so any payment must be before Oct 2000, as it seems his wife was in control of the finances he needs proof.

[InKogneeToh]

Hi

 

Yes I agree, this is why he needs to SAR the original creditors - to get all info on payments/contact made and when.

 

Also, if the recent acknowledgement is outside of the 6 year period from when any previous acknowledgement was made, this will not start the limitation period again. (s29(7) LA 1980)

 

Regards, Pam