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

[debt_mountain]

Yep, all filed.... now it is over to them... I am betting, they will put more effort into their defence this time....

I bet it is still full of gapping big holes and contradictions. Good luck.

 

Can you release any of you tactics now its filed? I am about to resubmit my POCs after rewriting them. They have been with Hodsons for 7 days with no reply or commentts so I did give them a chance to comment.but as usual nothing.

 

At least they hadn't blocked my email.

[debt_mountain]

I keep thinking that if I was the Banks / CC Companies and had these defaulted debts on my accounts etc..

 

Would I sell the "rights" to these debts and want to be responsible in carrying out the duties myself ???

 

Don't think so - cause common sense would make me sell the "whole" thing and wash my hands of it altogether!! It wouldn't make proper business sense to just sell the rights would it??

 

OK - Maybe I just need coffee and "puffy eye cream" ??

 

Just doesn't seem business sense to me - maybe I lost plot somewhere?

The 1 confusing thing (Seahorses is onto this one though) is that when the banks are asked for a refund of the charges they eventually pay us back even though the debt was sold to DCA, why would they do that if they could just say bugger off and ask the DCA for it? Something has not transferred to the DCA? or the banks have so much cash and see the DCA as actually doing something useful that they just let it go and pay up.

[debt_mountain]

So has Cabot/Kings Hill been supplying this company with your personal data?

If so, how did you find out? The SAR?

They tend to send everyones data to this crowd if the account holder doesn't answer the phone. I have made the ICO aware and rasied a claim against them for ALL 7 of the external companies they have shared my data with.

 

Good job Tbern, lets see what the Judge makes of them apples.

 

If it does still proceed to court be ready for them trying to go down the mediation route. I am starting on that process and it will take some months before we make any further progress.

 

In the SAR cover letter with each of the accounts they have delt with in my name they state that the attatched info is in relation to the ACCOUNT xxxxx purchased from blah blah blah. So once more they are stating the account.

[debt_mountain]

Is this why they are trying delaying tactics in complying with SARs. One more nail in their various coffins. I honestly think theyw ill be lucky to keep their consumer credit licenses when all these chickens come home to roost.

(Welcome back DM...been on hols?)

Not quite but a few other financial institutions are beavering away with my court forms and replies.... but thanks to HBOS (or was this one MBNA, Ive lost track now) I have booked up for Tenerife in June for 10 nights though.:grin:

 

I have been going back through my phone book of financial institutions who have paid out for the 6 years of charges and hitting them with a claim for everything beyond the 6 years, HBOS, Clydesdale, Blackhorse, MBNA, CitiFinancial sent a copy of the same N1 to each , then after a months or so I sort of forgot that I would then have to do the AQ and respond to the defence ooops.

 

Anyway back to Cabot, looks like both Tbern and my cases are heading a similar direction, delaying, rewite POC/defence and I am guessing the new defence I will get in May will be similar to the one seen by Tbern.

 

Tbern, watch out for the mediation, if they try that one I would hold off until we see how mine progresses, not sure how it will end. whether a complete waste of 3 months or satisfactory resolution. Luckily the court I am using is not the busiest in the land so a general wait for a hearing date is a couple of months so hopefully should it have to go back to a hearing it woun't have delayed too much.

 

From all the contradictions etc between defences and SARs and breeches etc I can't actually see mediation resolving this as Mediation, from what I can make out, doesn't give a final arbitration I can't see me and them agreeing on many points and it will take a judge to decide.

 

I am obviously going into the mediation with an openmind and working with Spencer to try to get all the required evidence for it on the table, then there may actually be a chance of a result, but that is only if they share all the info they need to share.

[debt_mountain]

"The proper and appropriate forum for your "concerns" to be addressed is within the exisiting litigation follwoing the making of appropriate directions by the Court"

 

Was this in writing, as it would be worthwhile making the court aware that they don't want to dicuss settlement but want to use the courts time instead. Judges like people trying to be grown up about claims.

 

I think the pram may be missing some toys in the Cabot household.

[debt_mountain]

I might get shot for saying this.

 

Tbern, as you have been informed by Hodsons that Cabot Financial (UK) Ltd (a.k.a Kings Hill (No.1) Ltd, do not hold any data about you. You should ask them, how they recorded and updated this default on your credit file.

That is exactly what I have asked hodsons to explain to me.

[debt_mountain]

sorry

Is CabotFG ok? have they been found out? anyone know? Staff turnover there must be high:)

[debt_mountain]

Call me a cynic but maybe someone at Cabot Towers was selling red herrings and trying to divert the issue. It could be that they are not as clever as they seem to think they are

Cynic!!! but that was one of my first thoughts when they arrived. Are they not in breech of the forums t/c's. Can we sue them for that too?

[debt_mountain]

thanks, I am learning as I go....

 

But shouldn't I have been sent a A&Q ?

Tbern

 

I have 2 cases where a revised POC was filed.

 

First the bank of scoltand. I changed these without the banks agreements and I was called to court to discuss them and help the judge understand what track they should follow. The judge decided if the ammended POC was ok and the other party got to argue against sections they wanted struck out. I did not do a new AQ for this and we are off to court in 6 weeks time.

 

 

My second claim was Cabot which I did agree the ammended POC with them before it went to court and do not have to do an AQ.

 

Doesn't really help you but shows anything can happen. If you have done an AQ before, then it may be worth just sending in the new version with a cover letter. May help sway the judge to the track you want.

[debt_mountain]

I haven't heard of a case either where a litigation friend would be used by a company, a litigation friend would usually be used in a case where the person is underage (as above), has mental health issues (as above) or where they are incapacitated as, for example, in a medical negligence case ie : a persistent vegetative state.

 

I think using an LF in a case like this would be very odd.

 

Sorry for butting in!

 

Is this litigation friend just a way for them to get an "expert" in the room without having to call a expert witness. 2 heads are better than 1 etc.

 

I am guessing that as they are a lit friend they will be in addition to the legal person too?

 

My take on this with my previous court cases is that for small claims the process is allowed to give a little and not all T's and i's need to be perfect. For multi or fast I am not sure though.

 

For 2 of my hearings the representative solicitor did give me their form saying they were fit to act and were acting for..... but for 1 the solicitor just walked in and I had no idea who he was. Not sure if he told the court or not.

 

I think you are onto something but I am guessing that it will only cause a little fun and you can wind them up a little becuase of it, I don't imaging anything to change the course of your case will come out of it.....but I am very often wrong.

 

I just get the overwellming fear that when things like this are chased up through official channels, like using the Law Society, ICO or TS unless it is something major or there is a significant trend very little will happen.

 

I am trying not to be negative, just realistic.

[debt_mountain]

Yep, account number and sort code......

 

So I have a letter from WW, saying they didn't bank my cheque and I now have a copy of the cheque showing that they did...

 

Save that one for when I get to court...

I seem to remember us having this same conversation on my thread some months ago.

 

Yes, you could raise a claim for the £15. You could also raise it in parallel to the current claim as they are for different claims.

[debt_mountain]

I thought it was your thread... I can't find the posts though.. I was going to compare details...

I think it may actually have been your thread, around Mid Jan to Mid Feb.

[debt_mountain]

it is around post 740 in your thread

[debt_mountain]

What do you mean we won't get our bonus, I have a copy of each and every agreement for DM and Tbern ....oh bugger I just smudged the ink......

 

I would love to work for Cabot, can you imagine the advice we could give folks over the phone. CCA, don't waste your quid, we won't have it , never do, just go and have a Guinness on us.

 

By the way, Tbern I have a spare copy of 1 of your blank cheque here.

[debt_mountain]

Re: NO NOTICE OF ASSIGNMENT - CLAIM STRUCK OUT!

 

 

RICHARD SPUD HAS FIRST HAND KNOWLEDGE OF A 2006 COUNTY COURT CLAIM BY AN “ASSIGNEE CREDITOR” BEING STRUCK OUT IN 2007 OUT DUE THE FAILURE OF THE CREDITOR TO SERVE A NOTICE OF ASSIGNMENT UPON THE DEFENDANT PRIOR TO PROCEEDINGS BEING INSTIGATED IN THE COUNTY COURT!

 

I have provided a LINK below to my posting in another thread in which I have disclosed my first hand experience which may be of interest to other contributors.

 

I am minded to disclose further details (subject to confidentiality) if interested contributors feel that my doing so would be of assistance.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/82084-metropolitan-collection-services-ltd-post793647.html#post793647

 

Hope this helps.

 

A Well Wisher.

 

Richard Spud,

 

Does this mean that if you raised a court claim against a company that had hounded you for payment of an outstanding debt and they were stating that they were the agent for the newly assigned creditor and this assigned creditor had never actually been assigned the debt in the correct manner, that you could claim said moneys back?

 

Can they issue the proper assignement once the claim has been raised and before the case is heard?

 

If the above were true, would the newly assigned creditor , then be able to obtain the required proper assignment and claim the funds from you once more, assuming they had all of the required agreement etc.

 

Just a thought.

 

DM

[debt_mountain]

I think you should ask what compensation they are going to offer as you have spent may hours researching and contacting your bank + the cost to have the copy of the cheque.....at least £99 compensation.

[debt_mountain]

Well said Tbern, Mr Spencer has been nothing but polite and responsive in his communications, I may not agree with some comments but that is why were are in litigation.

 

Evening Dean.

[debt_mountain]

This is such a crock of pea. These people have absolutley no respect for their customers!!!. I gave up even communicaing with them and have left it to the court and onl respond to Hodsons and the Court. Saves a lot of stress.

[debt_mountain]

Tbern, Did you consider asking them, no demanding compensation from them? You have nothing to loose.

[debt_mountain]

Have you asked these idiots for a copy of any 'Letter of Instruction' they have been given? This will clearly state who instructed them to act, the date and details as to their brief.

 

You are entitled to this information as you are the data subject, and unless two letters of instruction were made, they have some explaining to do to the Information Commissioners Office.

 

Tide

Can you explain a little more about this? thanks

[debt_mountain]

Does anyone know, how long it takes a Judge to review a case ?

 

I called the court yesterday for an update or a possible court date and they advised me that the Case was sent to the Judge for review on 18 May 2007.

 

There is nothing more they can tell me until, the Judge has completed the review.

 

So now, I can only jest sit back and wait

 

that does seam a long time. I have had a few reviews that the order was written but took 10 days before it was posted. So I guess if you add 7 days of research it could be possible.

 

There is a lot of info for him to review.

[debt_mountain]

oops, sorry folks.

 

Piers Morgan is still talking to me though, only he has restricted his communications to letter, obviously a little confused with this email stuff.

 

Anything you want from us tbern?