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Taking Cabot to court for failing to supply HSBC CCA + Distress etc


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Hi

 

Thanks very much for the 'tick' tbern and I hope my comments were helpful (if only in that they mirrored your views!)

 

You ask for the defence to be 'struck out' on the basis that........ It's usually that it 'has no prospect of success' because.......then you set out your argument.

 

Waiting with baited breath for the time when you can disclose this info!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Thanks Pam, I am going to start writing my letter to the judge now

 

Hi

 

You may want to check whether this can actually be done via letter or whether you have to file an application.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Ah, right. I didn't realise you hadn't done that yet. Perfect timing then eh? :D

 

Soooo excited about hearing all about your find!! :D

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

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If I was to have proof, that a certain (unnamed) party has deliberately, attempted to mislead the Court. What do you think the Judge would do ???

 

Hi

 

I think this would depend really on the seriousness of the 'untruth' or whatever and most importantly what effect it has on the claimant's case or what prejudice it has caused.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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hey tbern,

 

just been reading your threads - im new to all this. i have been arguing with abbey for well over 2 months now & have start court proceedings - received a letter saying they intend to defend the claim - its so much hard work! i'm praying they dont file one within 28 days so i'll win on default, somehow i dont think they're going to make it that easy for me.

 

it all looks so complicated what you're having to do...dont think ive got the brains for it!!

 

good luck

 

luce

 

Hi luce and welcome to CAG :)

 

I recommend you start a thread of your own in the Abbey section of the forum and give an outline of your situation and what point the claim has reached. Then you can ask for advice and I'm sure there will be lots of help forthcoming.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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But no, they just keep digging...... This rate they will be in Australia in no time !:p

 

Perhaps BA could ask some of her old friends/colleagues etc to organise a nice 'welcoming party' for them when they get there then - leg irons, chains and nice striped 'PJ' type suits for all!!

:lol::lol::lol:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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  • 2 weeks later...

Hi tbern et al

 

I have just noticed an interesting little snippet in a letter recently sent from WW to another Caboter. It's the last sentence of the first paragraph of the quoted letter in Post 25!

 

:eek::rolleyes::eek:

 

http://www.consumeractiongroup.co.uk/forum/cabot/74015-cabot-me-2.html

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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C'mon then Lizzy and Seahorse, I know YOU'RE still awake!! ;)

 

Have you spotted it yet??

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

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Do you mean this bit Pam?

 

 

 

I must admit I missed that bit. So, is WW saying Cabot have accepted the payment on behalf of Cabot Financial (UK) Ltd? Or is he trying to give the impression that he has accepted the payment on behalf of the ORIGINAL creditor?

 

DId you have a look at the agreement too? It's not very clear, but certainly doesn't seem to fit the bill at first glance.

 

 

Hi, yes I've PM'd the OP about the 'agreement'.

 

Well, having said that CABOT are NOT the creditor, he then says that the cheque is accepted ''on behalf' of 'the creditor'!

 

This reads to me that the 'creditor' he is referring to is the original one. So, if Cabot are now undertaking to accept CCA payments on behalf of the original creditor, are they now just their agents??:rolleyes:

 

Also, whose bank account has this cheque ended up in??

 

I have advised the OP to request that Cabot supply a signed receipt from 'the creditor' for the £1 and written confirmation that the cheque has in fact been passed to them (the original creditor)! :D

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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  • 2 weeks later...
Messrs Dewey, Cheatham & Howe Solicitors llp

 

Love it!! :lol::lol::lol:

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Can anyone guess what the postman gave me today ????:D

 

A copy of cheque 300063 payable to Kings Hill (No.1) Ltd. These funds were paid into a Barclays account... I wonder what bank Cabot are with ??? ;)

 

 

Hi tbern

 

So if 'Cabot', aka Cabot Financial (Europe) Ltd didn't bank your cheque, then Kingshill No 1 must have!! :confused:

 

You never know, they might have employed someone from the local JobCentre for 30 minutes to sit in a spare office with KH No1 fixed (ever so temporarily) on the door - fill out a banking slip and pop it with your cheque into a Barclays envelope, 'lick and stick' the stamp and flip it into a letter box on his way back to the JobCentre!

 

To all rational people everywhere, this may seem an incredibly ludicrous idea - but we know that the Cabot team are very inventive and resourceful! I expect they have a staff incentive scheme to find ever more imaginative ways to 'hoodwink' the unsuspecting!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Can you explain why in the capacity of Head of Compliance for Cabot Financial (Europe) Limited, your defence was signed by Mr Wellinghoff. For the avoidance of doubt, the Defendant in this matter is Cabot Financial (UK) Limited (formerly Kings Hill (No.1) Ltd).

 

I am confused as to why the Defence was signed from a different company. My confusion also relates to Mr Wellinghoff's involvement in relation to this matter as he is not employed directly by the Defendant.

 

Please excuse my lack of legal understanding, can you please explain how in relation to the Civil Procedure Rules, this is permissible.

 

 

tbern123

 

Nice one!! ;)

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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Hi

 

Obviously WW can't answer your questions (truthfully :rolleyes:) so is bailing out!!

 

Regards, Pam

  • Haha 1

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

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