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Cabot Taking Me To Court


bbcoops
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Please please please can someone give me some advice.

 

Cabot are taking me to court for two accounts one with MBNA one with Capital One for nearly 10 grand.

 

I received the court claim sometime in feb.

Sent of the form to say i was disputing some of the claim under the ground that there might be a lot of charges involved.

I then sent a letter to Hudsons Solicitor asking for a copy of the credit agreements and statements for both the accounts. I had no reply, sent another letter still no answer. I then sent two letters to Cabots asking for the information. Because i had to put in a defence within 28 days i wrote to the court with copies of the letters and explained that i could not get information from Cobets or Hudsons and felt they were withholding information deliberately.

On the 6th April i received a order from the court saying if i do not have the information requires by 4pm on the 21st April the case will be struck out.

Can anyone give me any advice just incase the do send the information.

 

Sorry this is so long winded

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Just another thought.

 

If my case is struck out because Cabot have not supplied me with the relevent information does this mean they can not take me to court again for the same debts or will they just find another way round it.

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I'm not sure whether or not Cabot are allowed to come back and "have another go", if they are struck out. I suspect the answer is, no. BUT. I would contact the court again and ask to put your mind at rest.

 

If they DO supply you with your info (I'm assuming a copy of your original agreement, and perhaps statements?), make very sure whether they are ammuntion for or against you. PLEASE keep in touch here to let us know what arrives, if anything. Even if they do supply you as per your request, if the agreement is unenforcable, or they have no statements to back up the amount they claim you owe, you WILL be able to kick them where it hurts in court. So don't think it's the end of the world if you do have to go. In fact, some of us would positively envy you the chance to do battle with them. ;)

 

Have a read around the other Cabot threads, and I'm sure you'll end up smiling about all this.

 

Have you SAR's the original creditors yet? It certainly sounds like an amount like that must surely be made up of a fair old amount of charges?

 

We're all behind you. Al the best. ;)

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On the 6th April i received a order from the court saying if i do not have the information requires by 4pm on the 21st April the case will be struck out.

That is 4pm on Saturday. So they only actually have til 5pm on Friday. I guess you will be phoning the court first thing on Monday.

 

Good luck and as seahorse says keep us updated, the fan club are here to help.

If I have helped click my scales....

 

Find my threads by clicking here

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Thanks All. It's good to know there is support out there.

 

 

Will certainly be ringing the court on Monday morning just hope they don't pull any last minute stunts, the thought of going to court is not one i am looking forward to.

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Hi Seahorse,

I have just read the link you sent me...........UNBELEIVABLE

 

This is astonishing, so basically Hudson solicitors might not even know they are taking me to court. No wonder i have had no replys to the letters i sent them.

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A SAR is an absolute must, although I know time is against you. Elizabeth's info came back showing that Cabot were writing letter purposting to be from Hodson's. I'd have thought that the last thing Cabot wiould want is you turning up in court saying, Look what these people are doing!!! They are misrepresenting themselves as a well known firm of solicitors!!!

 

Perhaps an angry email to Ken himself might be in order, expressing your outrage that this might be a possibility, and you hope that he can feel able to dispel your fears? Or something along those lines anyway.

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On my case hodsons had till the 14th april till come up with the agreemnts and doa and on the 13th they came up with a poor copy of my CA and got a 28 day extension (buggers)

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sorry it has taken me so long to reply nightmare few days.

 

I rang the court on monday to say I had not received anything from cabot only to be told that the court had made a mistake while typing up the judgement order form and said it would have to be redone and that cabot had a further 14 days to reply. I am gutted I thought that was the end of it. Nightmare continues............

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Had the amended letter from the court today to say Cabot have until 4pm on the 7th May to give me the agreement and statments for both accounts or the case will be struck out.

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It is now the 8th May and apart from Cabot writing to us last week offering to reduce the debt by half we have heard nothing. My husband rang the court and told them that Cabot had not supplyed us with the agreement and the statements so the court clerk said it would now be automatically struck out because they have not complied with the instructions of the judge. Hooray......

But somehow we don,t think we have heard the end of Cabots.

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It is now the 8th May and apart from Cabot writing to us last week offering to reduce the debt by half we have heard nothing. My husband rang the court and told them that Cabot had not supplyed us with the agreement and the statements so the court clerk said it would now be automatically struck out because they have not complied with the instructions of the judge. Hooray......

But somehow we don,t think we have heard the end of Cabots.

 

Hi,

 

Excellent news though!:)

 

 

Jeff.

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  • 1 month later...

Well I didn't think it would take long for them to get in touch. I received this letter today.

 

Dear xxxx

 

We previously advised you that failure to resolve this outstanding debt would result in commencement of one of the below action being taken:

 

1. INSTRUCTION TO AN EXTERNAL AGENT TO CALL ON YOU.

2. A WARRANT OF EXECUTION.

3. A CHARGING ORDER

4. AN ATTACHMENT OFEARNINGS ORDER

5. ORDER TO OBTAIN INFORMATION

 

FAILURE TO RESPOND NOW ENSURE THE COMMENCEMENT OF ONE OF THE ABOVE ACTIONS

 

YOURS SINCERELY

 

 

Any advice onwhat i should do next ??????????????

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Well I didn't think it would take long for them to get in touch. I received this letter today.

 

Dear xxxx

 

We previously advised you that failure to resolve this outstanding debt would result in commencement of one of the below action being taken:

 

1. INSTRUCTION TO AN EXTERNAL AGENT TO CALL ON YOU.

2. A WARRANT OF EXECUTION.

3. A CHARGING ORDER

4. AN ATTACHMENT OFEARNINGS ORDER

5. ORDER TO OBTAIN INFORMATION

 

FAILURE TO RESPOND NOW ENSURE THE COMMENCEMENT OF ONE OF THE ABOVE ACTIONS

 

YOURS SINCERELY

 

 

Any advice on what i should do next ??????????????

 

 

Hi bbcoops,

 

 

They really are unbelievable!

 

I would write to the court, and find out what the latest position is. You might as well enclose a copy of that letter and explain what as just happened.

 

 

As for the content of that letter, utter b******t!

 

1. So what! They have no right to be on your property, if you don't want them there! (Nobody will actually visit, but if they do, simply ask them to leave. If they refuse, then call the police, stating you have a trespasser, and there may be a breach of the peace)!

 

2. Not without a court order.

 

3. Not without a CCJ!

 

4. See 3!

 

5. Again, see 3!

 

 

Hope this is of some help!

 

 

Best wishes, Jeff!

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