Cabot and Kings Hill No1 want my house!!

[employee2007]

I see there are a number of people on here with problems with Cabot and their underhand dealings and I have benefited from reading some great posts and threads.

 

I found out recently that Kings Hill N1 obtained a CCJ (in default) against me in June 2006 without my knowledge. Seemingly summons and letters were sent to a property I own but rented out and any mail addressed to me was returned to sender.

 

I moved into this property in August 2006 and in March 2007 received notice from Hodsons solicitors that an interim charging order has been placed on my property and that they are applying for a final charging order on my property - the hearing is May 9th.

 

I called Hodsons who pretty much told me nothing but gave me a number and address for Kings Hill. I called them and got through to Cabot who said that the judgement was for an MBNA Mastercard. WELL.... I do not recall ever having an MBNA Anything!! Cabot said I had to pay because the judgement had been ordered and that was that... HMMM (nice people!).

 

Anyway I have wrote to Kings Hill, Hodsons and MBNA with CCA and SAR requests (no response). I also asked them to ask the court to set aside the judgement as the debt is in dispute. I have also lodged an application to the County Court to have the original CCJ set aside on the grounds that I did not receive a summons AND I dispute the alleged debt.

 

The court have informed me that the judge will hear my application to set aside on the 9th May at the hearing for a final charging order but they cannot vacate the hearing.

 

Any advice on the likely tactics these hoodlums might use or what to expect at the hearing from those of you more experienced with these muppets would be greatly appreciated. I believe there is still the option for the judge to approve the charging order despite me disputing the validity of the alleged debt so even though I'mfairly confident it will be set aside I am concerned about the worst case scanario.

 

Also, I hear that Kings Hill (No1) went dormant on 15/01/07 and became Caboot (UK) Ltd. If that is the case what business does Kings Hill (No1) have seeking a charging order on my property if they are now a dormant company? Surely they should have informed me of their name change and applied for the charge in the name of their new company name? Does anyone know where I would stand raising this objection in Court and how I would go about getting evidence that this is the case. I think maybe if I pursue this line it may help.

 

ADVICE PLEASE - I WANT TO JOIN THE SPECIAL CABOOT FAN CLUB ALSO IF SOMEONE COULD TELL ME HOW. I'M NEW HERE BUT THESE ARROGANT DECEPTIVE INDIVIDUALS HAVE REALLY GOT ME MAD!!

 

 

Cheers,

 

EMP

[debt_mountain]

Firstly, a charge on the property doen't mean you have to sell the house, it is just a record that a debt is attached and if the house is ever sold it must be paid before you get any proceeds. They can apply to the court to have it forced if they have a good reason to.

 

At the moment the CCA is critical. If you sent it by Recorded then take that proof to court with you. If it wasn't recorded then resend it (unless the £1 cheque has cleared as this is proof of reciept).

 

Did you send the request to Kingshill or Cabot financial Europe Ltd?

 

Is it Kingshill who got the CCJ against you?

 

I would SAR MBNA to see what they have on you, it may be a case of identity fraud so see what they have to give you.

 

Is the court local to you? if not you can request it be moved to be more convenient (and delay things for a few weeks).

 

There are other threads about set asides, go read some if you haven't already.

 

but from what I understand if you say you never received the letters they could reverse the CCJ and reset a hearing date to start again.

 

Plus if you CCA'd Kingshill and they have missed the 12 days then the 30 days you can inform the judge. they will probably be told by the judge to disclose the agreemetns (properly executed) terms and conditions plus proof of assignement. If they don't they will be told to sling their hook.

[Pliny the Penuriosus]

If you never received the summons & know nothing of the debt then the judge should set the CCJ aside as per

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT

 

In fact if the claimant becomes aware that you never received the original N1 or POC there is a duty upon them to apply for a set aside

 

Also if you believe an ID fraud has occured also tell the judge.

[danmav]

If they cannot prove the debt as per S77/78 of the Consumer Credit Act then this should be a sufficient argument to stop a final charging order be granted.

[psykix]

Not so. I have been there, and they got a final charging order, despite my protestations that they had not provided any CCA as evidence of the debt. The District Judge didn't give two hoots, and granted them the charging order anyway.

 

I asked this earlier, but who are the District Judges accountable to? I want to make a complaint about the one that dealt with my charging order hearing... They must be accountable to someone?!

[employee2007]

Did you send the request to Kingshill or Cabot financial Europe Ltd?

 

I SENT A SAR REQUEST TO HODSONS, KINGSHILL AND MBNA. I ALSO SENT A CCA REQUEST TO ALL THREE - THESE WERE RECORDED.

 

Is it Kingshill who got the CCJ against you?

 

KINGSHILL - AND THE NEW ORDER IS IN THEIR NAME DATED MARCH EVEN THOUGH THERE IS NO SUCH COMPANY ANYMORE!

 

 

Is the court local to you? if not you can request it be moved to be more convenient (and delay things for a few weeks).

 

IT WAS MOVED BY THE COURTS TO MY LOCAL COURT WHEN THEY MADE THE CHARGING ORDER APPLICATION. THE ORIGINAL CCJ IS FROM RUGBY COUNTY COURT

 

There are other threads about set asides, go read some if you haven't already.

 

YES, I AM IN THE PROCESS OF DOING SO. THEY ARE VERY HELPFUL AND LOTS OF THEM. IT WILL PROBABLY TAKE SOME TIME. LOL.

 

Plus if you CCA'd Kingshill and they have missed the 12 days then the 30 days you can inform the judge. they will probably be told by the judge to disclose the agreemetns (properly executed) terms and conditions plus proof of assignement. If they don't they will be told to sling their hook

 

THEY WILL BE JUST UNDER THAT TIME PERIOD WHEN THE COURT DATE WILL TAKE PLACE. ABOUT 12 DAYS THEN 25.

Thanks for your help and advice. it is appreciated.

[employee2007]

If you never received the summons & know nothing of the debt then the judge should set the CCJ aside as per

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT

 

In fact if the claimant becomes aware that you never received the original N1 or POC there is a duty upon them to apply for a set aside

 

Also if you believe an ID fraud has occured also tell the judge.

 

Thanks penuriosus this will be useful to quote from at the hearing, which according to the courts will be taking place. In my letters to Kingshill, Hodsons and MBNA I did request that they apply for the CCJ to be set aside now they are aware I did not receive the claim form and that I dispute the debt, but alas it appears that they have chosen not to!

Do you know by chance under what legislation they have this duty to request a set aside. If I know this information I think I can pressure them with some emails between now and the court date to do so.

[Pliny the Penuriosus]

It's at the discretion of the court but it's contained in the CPR you already have

[employee2007]

Sorry call me slow on the uptake but what is a CPR?

[Bookworm]

I did request that they apply for the CCJ to be set aside

 

It's not up to them to request the set aside, it's up to you.

 

 

Sorry call me slow on the uptake but what is a CPR?

 

CPR: Civil Procedure Rule.

The correct part was been linked in previous post. (The Part 13 one)

 

[danmav]

Not so. I have been there, and they got a final charging order, despite my protestations that they had not provided any CCA as evidence of the debt. The District Judge didn't give two hoots, and granted them the charging order anyway.

 

I asked this earlier, but who are the District Judges accountable to? I want to make a complaint about the one that dealt with my charging order hearing... They must be accountable to someone?!

 

I am amazed the judge ruled against you but I guess it is a reminder for everyone that district judges are only solicitors and maybe dont have any idea about consumer credit laws/issues. You obviously have the right to appeal to the decision made by the district judge and take it to a higher level, dont know if you have done this?

 

As for who they are accountable to I dont know. I suggest you call the court and ask firstly what their complaints procedure is and secondly are they governed by any statutory body. I would also suggest writing to your local MP and ask them to look into the matter.

[psykix]

As I understand it, the DJ was only there to hear about whether the Charging Order Absolute should be granted, and therefore, he disregarded any supporting evidence that I provided.

 

I'll ring the court tomorrow and ask who I make a complaint about!

[psykix]

How do I appeal the decision then?!

[alanfromderby]

I think it is absolutely vital that you contact the Citizens Advice Bureau first thing tomorrow. They have solicitors with expertise in this area, and you do urgently need to get proper legal advice on how to get this set-aside, and your case properly heard.

[psykix]

Ok, I'll follow that advice!

 

I'll keep you posted in my own thread rather than hijacking this one!

[employee2007]

Today I received a response from MBNA. Shock horror it is a standard letter asking for Id and to complete a special MBNA SAR request slip. That is all. The letter I sent them told them that I am being pursued by some heavies as a result of their instructions and that I do not know anything of having an alleged account with them. They didn't bother to comment at all. Seems like they're probably hiding something!

[Pliny the Penuriosus]

employee

 

Don't complete their form

 

It's an old gag & simply an attempt to delay matters. If you wrote using the template from the library they have to comply.

 

Write back reiterate you position & point out that your original SAR is valid. That you consider it received on whatever date & fully expect them to comply within the statutory period

 

Futhermore as they are now aware that the debt is in dispute they should call off their dogs otherwise you will report them to the police for criminal harrasment & to TS & OFT for their breach of the CCA

[employee2007]

Thanks Pliny. That is what I will do. The arrogance of these people is staggering. I could not believe that they have not provided me with ANY details of this alleged debt. It could be fraud, ID Theft, based upon error and still they dont tell me annything and choose to levy the maximum £10 fee for my SAR request (which they are also trying to wiggle out of).

[danmav]

How do I appeal the decision then?!

 

You have the right to appeal when there has been an error in procedure or the Judge has not taken into account the facts of the case, which is what sounds like has happened in your case. The case will then be passed up to the next level, which would be a Circuit Judge.

 

To appeal you have to get the help of a solicitor and the appeal must be made within 14 days of the decision. There are potential cost implications with appealing but a solicitor would be able to go through these with you.

 

Like alanfromderby has suggested you need to get yourself into the CAB asap so they can assist you with this.

[employee2007]

Hi everyone.

 

Just wanted to say thanks for any advice and to provide an update on my situation.

 

Firstly, I have to say I am surprised at just how reasonable Piers Morgan at Hodsons has seemed to be thus far, considering what I have read on this forum.

 

Anyway, I called MBNA and informed them that I wished to make a complaint about their handling of my letter of concern. I asked them to waive the £10 fee for the SAR under the circumstances and they agreed. They say I need to send a copy of my passport for them to process my SAR request. I have not sent this yet.

 

Received a reply from Cabot Europe instead of Kings Hill or UK. They sent me a standard 'acknowledgement of complaint'.

 

Hodsons replied and said that they or Cabot will contact me in due course regarding my request of documents.

 

Now my letters were sent on the 4th April, so the CCA and SAR time limits will soon be up.

 

As far as the charging order for the house, I applied to the court for a set aside. I presented a pretty good case that would 95%plus assure me of a set aside and I decided to call Hodsons to tell them they had a duty to set aside. Low and behold, Piers Morgan agrees and we have set aside the judgement by a consent order. Judgement set aside, charging order cancelled and a 2 month stay ordered.

 

Now heres my situation - The judgement is set aside and in 2 months I presume the origonal summons will be restarted. I have not had any docs and I do not expect any prior to the 28 days and the 12 plus 30. In my eyes that makes the debt unenforcable. But what are they up to? I get a feeling they might be up to something but maybe not.

 

Please feel free to offer me your advice - I do appreciate it.

a) I can send MBNA the Id and reply to Cabot and Hodsons and even reprt them to ICO - but would this stir it up when in actual fact if they cant find the CCA it could be the end of the matter if I just leave it.

b) I can just leave it and see what happens before flying in feet first.

 

What are my pros / cons of each option - do I have other options? - I have to say their response was not what I expected and it has somewhat confused me and caused a delayed reaction

 

As always appreciate all comments

[JonCris]

Hi everyone.

 

Just wanted to say thanks for any advice and to provide an update on my situation.

 

Firstly, I have to say I am surprised at just how reasonable Piers Morgan at Hodsons has seemed to be thus far, considering what I have read on this forum.

 

Anyway, I called MBNA and informed them that I wished to make a complaint about their handling of my letter of concern. I asked them to waive the £10 fee for the S.A.R - (Subject Access Request) under the circumstances and they agreed. This is a mistake by you as they may claim that your request is not statutory They say I need to send a copy of my passport for them to process my S.A.R - (Subject Access Request) request. I have not sent this yet. Rubbish. If they are all already in communication with you then they don't need anything & they are trying to delay you request. Certainly don't send anything with your signature on.

Please note I have PM'd you about this

 

Received a reply from Cabot Europe instead of Kings Hill or UK. They sent me a standard 'acknowledgement of complaint'. Usual crap make them look like they are doing something whilst they delay

 

Hodsons replied and said that they or Cabot will contact me in due course regarding my request of documents. Hodsons can't pass the buck. If you made a request addressed to Hodsons they are required to respond as per the SAR

 

Now my letters were sent on the 4th April, so the CCA and SAR time limits will soon be up. You have 2 months stay so it's very important that you calculate the dates precisley in order that you can be ready to fire off a complaint to the Information Commissioners Office &/or issue proceeding for non-compliance. When you tell the court this will assist the court in finding in your favour insomuch as the court will almost certainly issue an order compelling them to supply the requested docs so you can dispute the debt & in granting you a further continuence

 

When they can't produce the docs then you can apply to have the claim struck out

 

As far as the charging order for the house, I applied to the court for a set aside. I presented a pretty good case that would 95%plus assure me of a set aside and I decided to call Hodsons to tell them they had a duty to set aside. Low and behold, Piers Morgan agrees and we have set aside the judgement by a consent order. Judgement set aside, charging order cancelled and a 2 month stay ordered.

 

Now heres my situation - The judgement is set aside and in 2 months I presume the origonal summons will be restarted. I have not had any docs and I do not expect any prior to the 28 days and the 12 plus 30. In my eyes that makes the debt unenforcable. But what are they up to? I get a feeling they might be up to something but maybe not. See above. What they are upto is trying desperately to find the CA.

 

Please feel free to offer me your advice - I do appreciate it.

a) I can send MBNA the Id and reply to Cabot and Hodsons and even reprt them to Information Commissioners Office - but would this stir it up when in actual fact if they cant find the CCA it could be the end of the matter if I just leave it.

b) I can just leave it and see what happens before flying in feet first. Not a good idea. Until you know you will have this hanging over you like

Damocles Sword best to put it to bed now

 

What are my pros / cons of each option - do I have other options? - I have to say their response was not what I expected and it has somewhat confused me and caused a delayed reaction Don't be fooled they are beginning to realize, having monitored the site & witnessed a number of posters say they ARE paying those that appear to act reasonably, that an iron fist in a velvet glove is the best way to achieve their aims

 

As always appreciate all comments

 

Your welcome see above

[employee2007]

Thanks for your input Jon.

 

Based on your advice can I confirm that you recommed that I should do the following:

 

1. Contact MBNA and state that as we have already had communication on the matter they have accepted who I am and so should comply with my requests. Is it perhaps easier to send them ID such as a utility bill and tell them that is the only ID I am prepared to provide them?

 

2. Contact Cabot and confirm that I expect my SAR and CCA requests to be honoured.

 

3. Contact Hodsons and confirm that I expect my SAR of their company to be honoured.

 

4. Report each to the ICO as they miss their 40 day timelimit and report the non compliance of the CCA request to the FSA after 42 days.

 

5. Once complete wait and see how they proceed.

 

I suppose my thought that they might just leave it might be a little over optimistic... LOL

[JonCris]

Correct but it's the Information Commissioners Office & not the FSA for non-compliance with the Data Protection Act. Also if they fail to comply & if you are to bring this matter to an end you will have to call their bluff. Give them a further 14 days to supply the CA with the threat that failure will result in you seeking a court order for their compliance.

If they still fail remind them that the alledged debt is unenforcable therefore you require their assurances that no further action in this regard will be forthcoming. Remind them that to pursue such a debt could amount to criminal harassment which you will report without hesitation.

 

In addition as is your right under the Data Protection Act you require their assurance that no further proccessing of your data will take place. This will stop them simply passing the debt to another DCA & the whole thing starting up again

[employee2007]

"Correct but it's the Information Commissioners Office & not the FSA for non-compliance with the Data Protection Act"

 

Yes ICO for Data Protection but in addition to a court order for CCA isnt it possible to report that non compliance to the FSA also? Maybe I am wrong on that?

[tbern123]

"Correct but it's the Information Commissioners Office & not the FSA for non-compliance with the Data Protection Act"

 

Yes Information Commissioners Office for Data Protection but in addition to a court order for CCA isnt it possible to report that non compliance to the FSA also? Maybe I am wrong on that?

 

Don't think they are regulated by the FSA. You can complain to OFT and TS though