help please with Cabot

[tomterm8]

OK

 

A slight correction from the above but it should not matter I think?

 

Kings Hill (No1) Ltd obtained a CCJ on me in March 2006

They had the case tranferred locally in Jan 2007

In May 2007 they obtained a Final Charging Order in the Name of Kings Hill (No1) Ltd

 

 

Now, the irony of this little fact, is your charging order was granted unlawfully. IIRC, Kings Hill No 1 changed its name on January 15th to Cabot Financial (Europe) ltd. Seahorse can confirm exactly whom.

[tomterm8]

Kingshill (No.1) Ltd actually changed its name on 15th January 2007 to Cabot Financial (UK) Ltd which was sitting dormant within their 'group' previously.not (Europe) Ltd Tomterm8. They just swapped names. Same company number just swapped names. Now Kingshill No1 Ltd sits dormant. (Europe)Ltd only act as 'administrators'.

 

This is why we get annoyed, (UK) Ltd BUY the debts & register the default, but never ever contact the alleged debtor. They pass the data about accounts they bought from the bank to another company cabot Financial (Europe) Ltd who then do all the chasing, harassing and corresponding with us all. But,they can't do this under the Data Protection Act without your permission - its as if they sent it to someone else altogether. Just because it is within the same 'Group' doesn't make it right, Cabot have got away with it for so long because they hide under this 'Cabot Financial' and 'Cabot Group' personna and they do it without having obtained any proof the debt exists (ie: with sight if the original Credit Agreement first). That makes it even worse. They are going to get thrashed over these once we have the final 'i's' dotted and 't''s crossed.

 

Yeah. For the purpose of this thread, though, the most significant fact, is that the Kingshill (No.1) Ltd which obtained the CCJ is a different company than the Kingshill (No.1) Ltd that applied for the charging order.

[tomterm8]

Thanks Andrew1

 

It is interesting because there are 2 possibilities:

 

1 - They have no CCA I stop paying, what will they do as they have a FCO and a CCJ so they could try enforcement which I would obviously challenge so there is no loss there in real terms....even if they turn up the CCA I am entitled not to pay them and I would simply make the payments up and carry on

 

2 - They have no CCA I stop paying would they just leave it and hope I didn't go for a Set Aside?

 

Does anyone at all have any experience of this situation?

 

it would be very, very stupid to stop pauing a ccj just because they defaulted on a CCA request, especially if they have a charging order. remember, a charging order is a seperate covenant, and by presumption is enforceable.

 

You would be well advised to go for a set aside, instead.

[tomterm8]

Thanks TomTerm, I would hate giving out bad advice to anyone and I will stand by your better judgment on keeping paying, so my apologies to Joshua. My thoughts on this were based upon the fact that a ccj has been imposed where no Consumer Credit Agreement exists or cannot be supplied. How can a court issue a CCJ without sight of the original agreement? - I presume the debtor received a summons, didn't defend it and the court automatically issued the CCJ and thereafter the FCO. All this without a copy of the Original Agreement being seen?

 

If it then transpires that the Original Agreement is not forthcoming following a CCA request can the CCJ not be set aside, payments stop and some kind of restitution be made? Or am I being too overly optimistic?

 

I am aware of a situation where Geoffrey Parker Bourne for BOS have written to the debtor where a CCJ is in place and following a CCA request, stating that Quote " Our clients are not able to provide a copy of the signed agreement in this instance" ....blah de blah... " you have been paying and tried to settle the account so have accepted full liability etc please tell us how you are going to pay the balance.... The summons was never answered or a defence never put in because the debtor at the time was in no fit state health wise to respond.

 

..but without the Original Agreement surely this should never have reached CCJ stage?

 

I'd appreciate you views and it might point Joshua in the right direction. Again, thanks for correcting me and apologies to Joshua.

 

Very complex legal situation, andrew. Firstly, as a point of law a CCJ is a seperate legal covenant, as I say. It is important to continue paying; however, you are entitled to apply for a set aside.

 

The lack of a Credit Agreement IS NOT grounds for a set aside to be granted, in itself, for a number of reasons. Firstly, the lack of a CCA doesn't prevent PAST enforcement taking place; maybe the CCA existed at the time the credit agreement was enforced. In any case, it's well established law that a credit agreement that is otherwised unenforceable can be enforced with the consent of a debtor; and failure to dispute a debt through the law courts, or to apply for a set aside when first informed of the case is often considered a type of tacit consent

 

You need to find other grounds under which you can dispute the CCJ. Unlawful charges are tghe most fruitful method; although an incorrect default notice or termination notice is also appropriate.

[tomterm8]

Thanks tomterm, so a letter to Geoffrey Parker Bourne asking to provide details of what they relied on in court to have said CCJ allowed might not be appropriate?

 

That sounds like a good plan of attack.

[tomterm8]

Cabot are now comfortably 12+2 overdue from CCA request.

 

The next payment is due end of this week/start of next.

 

What do I do? Remember they have a CCJ and a Charging Order...

 

There is a real split of opinion here..

 

Can anyone help with the law aspect? i.e they got a CCJ without showing a properly executed CCA but I have been making payments because they got the Charge.

 

:?

 

It's very important to not stop paying, since that would put your house at risk. You need to find grounds to overturn the CCJ - which will be difficult.

 

Have you SAR's the original creditor, and CABOT?