Kings Hill - advice please!

[psykix]

Well, well... the solicitors I rang last week just phoned.. Told them all the details, and they said hang fire on the N244. They are speaking to someone else in their firm with more knowledge of this kind of thing and will get back to me...

 

So watch this space.. and you Carboot, I'm gunning for ya...

[elizabeth1]

Well, well... the solicitors I rang last week just phoned.. Told them all the details, and they said hang fire on the N244. They are speaking to someone else in their firm with more knowledge of this kind of thing and will get back to me...

 

So watch this space.. and you Carboot, I'm gunning for ya...

 

 

Sure sounds as though things will shape up!!!

[psykix]

What's the best way of making complaints to OFT and FOS?

 

I'm going to lodge one about Cabot/Kings Hill etc.

 

They cashed my cheque in relation to my SAR, but I have not had any acknowledgment of receipt of my request.

 

The solicitor I spoke to got back to me and indicated that to apply for the CCJ to be set aside, I would incur the claimants costs, regardless if I am successful or not.

 

I'm going for it anyway.. gonna cost me upwards of 1k, but as I explained to the solicitor, this isn't just about me, it's about everyone else that Cabot try to ride roughshod over.

 

What do people think of this course of action...

 

1) await reply to my SAR

2) claim back any unlawful charges thus reducing the amount they think they may be entitled to.

3) Bang in my N244 to get the judgment set aside..

 

Not sure where I stand with the CCA request? I sent them it before I SAR'ed them, but have heard nothing. What's the situation if they have a CCJ? Are they still obliged to provide?

[Pliny the Penuriosus]

Claimants costs? Not if it's set aside or they appose your set aside & win

 

Yes they are still obliged to comply with your CCA

[psykix]

I'm told by the solicitor, that no matter the outcome of the hearing to set aside the CCJ, I have to pay both sets of costs...

 

Can someone confirm or deny this?

[tbern123]

I'm told by the solicitor, that no matter the outcome of the hearing to set aside the CCJ, I have to pay both sets of costs...

 

Can someone confirm or deny this?

 

 

Not sure on this one, I wouldn't have thought so.. But it wouldn't surprise me

[InKogneeToh]

Hi

 

I'm not really sure I understand which costs you are referring to.

 

When the CCJ was applied for and granted, the creditor's costs of that claim were added to the amount you have to pay under the CCJ. If you are then successful in getting the CCJ set aside the court may set a hearing to have the case heard again, and 'might' order you to pay the creditor's costs of their original CCJ application because you did not respond to it at the time. But I do not see why you would have to pay the creditor's costs of the set-aside hearing itself if you were successful. It's normally the losing party that pays costs, unless the court orders any costs against the winning party - e.g. for unreasonable behaviour or failure to comply with the CPR.

 

In any case, costs in small claims are normally limited to travel expenses and missed wages for the winning party and any witnesses, plus court fees. Some extra costs are allowable for certain types of claim, e.g. injunction, where a solicitor's assistance is necessary.

 

For a better understanding read the CPR, particularly Parts 27 and 45, but all of the information here is IMO essential reading for any would-be claimant.

 

CPR - Parts and Practice Directions

 

Regards, Pam

[JonCris]

Its also worth a mention that even a winning side on finding there are grounds for a set aside should themselves initiate the action.

[InKogneeToh]

Its also worth a mention that even a winning side on finding there are grounds for a set aside should themselves initiate the action.

 

Hi JonCris

 

That's interesting! Are you saying that they have some sort of a 'duty' in such circumstances, and if so, can you explain what this is based on?

 

Regards, Pam

[JonCris]

Here you go Pam

 

CLAIMANT'S DUTY TO APPLY TO SET ASIDE JUDGMENT

 

13.5

(1)

This rule applies where --

(a)

the claimant has purported to serve particulars of claim; and

(b)

the claimant has entered judgment under Part 12 against the defendant to whom the particulars of claim were sent.

 

 

(2)

If a claimant who has entered judgment subsequently has good reason to believe that the particulars of claim did not reach the defendant before the claimant entered judgment, he must --

(a)

file a request for the judgment to be set aside; or

(b)

apply to the court for directions.

 

 

(3)

The claimant may take no further step in the proceedings for the enforcement of the judgment until the judgment has been set aside or the court has disposed of the application for directions.

 

Part 12 is a judgement by default.

 

If the defendant didn't receive the original N1 & was unware of the proceedings or judgement until after it was obtained then this applies

[psykix]

I realise that I won't get back the original CCJ costs that were claimed. However, I didn't see why if it was set aside, I should have to pay both sets of costs for the hearing.

 

The above few posts have baffled me. Can you explain in layman's terms what you mean JonCris?

 

Thanks!

[psykix]

If I am reading this correctly, then if I write to Cabot stating that they were wrong to issue a CCJ against me, and the subsequent charging order, when they have not provided a copy of any CCA's and I believe that the debts are statute barred, then they have a duty to apply for a set aside?

 

Thanks!

[InKogneeToh]

Hi

 

Can you have a look at your original summons for the CCJ and check if the 'Particulars of Claim' where included in the N1 claim form or attached or sent later, i.e. - did you receive a 'Particulars of Claim'?

 

Regards, Pam

[InKogneeToh]

Here you go Pam

 

CLAIMANT'S DUTY TO APPLY TO SET ASIDE JUDGMENT

 

13.5

(1)

This rule applies where --

(a)

the claimant has purported to serve particulars of claim; and

(b)

the claimant has entered judgment under Part 12 against the defendant to whom the particulars of claim were sent.

 

 

(2)

If a claimant who has entered judgment subsequently has good reason to believe that the particulars of claim did not reach the defendant before the claimant entered judgment, he must --

(a)

file a request for the judgment to be set aside; or

(b)

apply to the court for directions.

 

 

(3)

The claimant may take no further step in the proceedings for the enforcement of the judgment until the judgment has been set aside or the court has disposed of the application for directions.

 

Part 12 is a judgement by default.

 

If the defendant didn't receive the original N1 & was unware of the proceedings or judgement until after it was obtained then this applies

 

Hi

 

Thanks for that - a useful bit of info. for future reference!

 

In this case though, the N1 was definitely received so it all depends on whether the POC was included, or sent later.

 

Regards, Pam

[psykix]

There is a particulars of claim attached to the original court summons from October.

 

Why is this relevant?

[psykix]

Oh, I see now!

 

Yes, there was one attached. Just says The claimant's claim is in the sum of xxxx in respect of the balance due to the Claimant for the Defendants use of :

 

and then lists some outrageous amounts fo rthe balances! i.e. extra charges have been added somewhere along the line.. Which shall all become clear upon receipt of my SAR's hopefully!

[InKogneeToh]

If I am reading this correctly, then if I write to Cabot stating that they were wrong to issue a CCJ against me, and the subsequent charging order, when they have not provided a copy of any CCA's and I believe that the debts are statute barred, then they have a duty to apply for a set aside?

 

Thanks!

 

Hi

 

No, what the section means is that if the claimant (the creditor) has reason to believe that you did not receive the Particulars of Claim (not the N1 form itself) before default judgement was entered against you, they are required to apply to the court for the judgement to be set aside and for further directions on the matter. See my last post regarding this.

 

Regards, Pam

[InKogneeToh]

Ok - well in that case they are not obliged to do the above!

[psykix]

Interestingly... Let me type the details from the 2nd page of the POC...

 

2. The Claimant aquired the debt by purchase from :

 

then the 3 cards listed, along with Credit Facility Supplier and their names.

 

3. Notice of the acquisition of the said debts was given to the defendant in writing shortly after the respective dates.

 

NO THEY WERE NOT.

 

4. At all material times Cabot Financial (Europe) Limited administer accounts on behalf of the Claimant, the CLaimant being part of the Cabot Group of Companies.

 

5. Despite requests for payment the Defendant has failed to pay the sums due and owing.

 

Then goes on to claim the original amount, plus interest as the court sees fit, plus costs.

[psykix]

An update!!

 

In response to my CCA request, I have received the following reply from Cabot (they refer to an email I sent to their CEO, but I also sent hard copy recorded delivery) :-

 

Thank you for your recent e-mail correspondence dated 30th March 2007 addressed to our Chief Executive Officer, which has been passed to my attention for a response.

 

I regret that you again felt the need to write to Cabot Financial (Europe) Limited ("Cabot") in relation to this matter.

 

Cabot has noted the contents of your emails; however, Cabot on behalf of the Cabot Financial Group of COmpanies does not accept your interpretation in this matter. As you are aware, the case is currently proceeding through the usual litigation process. The matters which you have raised should be considered by the court within the existing case.

 

Accordingly, Cabot has no proposals to put forward to you in relation to this matter.

 

I trust this sets out our position in this matter.

 

Now, I'm reading this to say that as it has been dealt with by the court, then they seem to think they are not obliged to send me the CCA's as I have requested....?????

 

What a set of plonkers they are...

 

So, next move? Sit tight?

[Rhia]

Apparently they really don't have to produce a copy of the CCA although they should do so to prove they are trying to co-operate. Also you can issue a notice of default under the CCA and then issue summons for failing to provide it.

Personally I also push the SAR both them and the original lender And if they don't comply report them to ICo and take them to court for non disclosure.

Hiding behind the court and claiming it's sub judice (pathetic).

PS Apologies if you've already done SAR

[psykix]

Yeah, they - along with the 3 original creditors - have already been SAR'ed. Cabot have cashed my cheque... Nothing yet though...

 

My next move once I get those back is to claim back any unlawful charges thus lowering the balances. Then I'll instruct my solicitor to submit an N244.

 

How do I get access to the secret elite Cabot bit by the way?

[psykix]

Just because this has gone to court, and they have a CCJ and charging order against me, why does this absolve them from their requirement by law to provide me with my requested CCA's?

 

I understand it will have little effect on the CCJ, but it is still their legal obligation surely??

 

I want to be able to make a complaint when they fail to comply.

[tbern123]

An update!!

 

In response to my CCA request, I have received the following reply from Cabot (they refer to an email I sent to their CEO, but I also sent hard copy recorded delivery) :-

 

Thank you for your recent e-mail correspondence dated 30th March 2007 addressed to our Chief Executive Officer, which has been passed to my attention for a response.

 

I regret that you again felt the need to write to Cabot Financial (Europe) Limited ("Cabot") in relation to this matter.

 

Cabot has noted the contents of your emails; however, Cabot on behalf of the Cabot Financial Group of COmpanies does not accept your interpretation in this matter. As you are aware, the case is currently proceeding through the usual litigation process. The matters which you have raised should be considered by the court within the existing case.

 

Accordingly, Cabot has no proposals to put forward to you in relation to this matter.

 

I trust this sets out our position in this matter.

 

Now, I'm reading this to say that as it has been dealt with by the court, then they seem to think they are not obliged to send me the CCA's as I have requested....?????

 

What a set of plonkers they are...

 

So, next move? Sit tight?

 

That letter sounds very familiar

 

[psykix]

Yeah, but I wasn't elite enough to get one from WW!!!

 

Mine was from a certain Andrew Macreavy - Litigation Co-ordinator!

 

Tbern123, any advice re: the above? Are they still obliged to provide the CCA's?