Another Cabot Court Case

[Luminol]

Hi there, just subscribing for future use ! if thats ok?

 

Lumi x

[andrew1]

Hi there, just subscribing for future use ! if thats ok?

 

Lumi x

 

 

Welcome to the comfort of the Cabot Fan Club - you're in safe hands! ;-)

[elizabeth1]

We actually heard from Court today with a new hearing date.

 

Case has been re-listed for 15th January 2008.

 

Should be interesting to see which Direction Judge takes this case then.

 

 

Well their tick has finally tocked - tomorrows hearing should see which way the Judge decides to look at this case.

[ODC]

Good Luck

[maybelline]

Good Luck elizabeth1, go for it, you have had to work so hard, and still found time to help others here:):)

[spiritgirl59]

Elizabeth1:)

 

Good luck to you from me too xx

 

As maybelline has said you have worked so hard and yet found time to help and support others too, you deserve a very positive outcome and I sincerely hope things go in your favour.

 

Love and cyber hugs

SG x

[andrew1]

WOT ? Lizzy, work hard? - doesn't know the meaning of the word :D

 

We are all in there with you Lizzy, you don't need luck when you have everyone on here.. as they say, with everything you do for everyone else on and off forum you will be repaid double....we all lubs ya

[Alphageek]

Hope it goes well for you today.

[mrmarmite]

my cabot case going this way. i get odd letter but not bugging me yet, so BIG good luck from me

[ODC]

Any News yet????????

[elizabeth1]

Thank you so much for the good wishes everyone - it's so nice knowing that so many people care and are behind us with cases like this.

 

Well yesterday was fine really - case has been adjourned till after June 2008. Hodsons Solicitors who are defending for Cabots sent along the same lady representative with a remit to apply for fast track and costs at anycost - she estimates somewhere upto £15k so they won't settle for less than fast track (like the track is Cabots/Hodsons decision anyway? who do they think they are?).

 

Couple of reasons for this adjournment - we know the defaults are due to drop off in June 2008 - damage is already done to us due to the longevity of Cabots damaging our reputation writing to CRA's - we reminded Judge damages were at descretion of court if applicable at that point. Our position was - at this stage even going straight for another hearing it was going to be sometime June/July time so default period was complete then - so we'd be running up costs for something that had finished? So it was better to make Judge see this now?

 

Cabot's still haven't supplied any CCA's as per the order issued by court previously - so 15 months and they still happy that an application form is an agreement (chortle chortle - what planet are they on?) they'd still like more time for coming up with the CCA. Also they offer absolutely no legal argument against what is said in our skeleton argument - Judge is convinced we make sense - Hodsons Rep says to Judge she had no argument in what we were saying either (= she couldn't muster up a defence for her clients either???? ).

 

Case will be relisted after June where we can decide whether to persue Cabots for Damages for their full 6 years of Damaging hubbies reputation or whether we discontinue claim completely and incurr no further cost risk elements etc.. because default period naturally ends then. (we can assess the likely damage costs if we decide to continue actions)

 

Hodsons Rep says it is likely that Cabots would want to pursue us for costs to date whether we pursue claim at that point or not - Judge replied that he wasn't happy with that idea and he recommended each party bare their own costs - and he wrote this in the files and made sure it was on the audio tape too - so there will be no confusion later should Cabot try it on chasing costs. (ha ha ha geez that made me happy!!) - because it was an allocation hearing Judge couldn't issue and order - so he made sure it was down in file to avoid later confusions.

 

So what we did was basically hold Cabots back - have given ourselves opportunity to see whether they do quit writing to the CRA's and defaults drops off - Cabots have to pay their own costs so far - which they'll not be happy about. Our aim was to not see Judge allocate a track to this claim until we could properly assess damages due and whether defaults ended naturally in June - we can decide ourselves then whether we want to continue for damages etc.. or whether we want to discontinue and sue for Damages at that point - the decision will be ours.

 

But we are happy with this result - as the default end dates played a big part in the angle we took yesterday - also we haven't incurred any unreasonable costs ourselves - also this means Cabots pay their own costs and will have to wait and see what we decide to do - they will be unable to chase us any further regarding default balances and costs - so all in all Cabots didn't get anywhere at all - BUT we got exactly what we wanted :D

Hodsons representative tell's Judge she wants costs for her clients and rambles loads of crappy stuff purely to throw focus off their wrong doing - so Judge tells her "how can you apply fast track for costs when you don't know what the costs and damages are now?" she didn't reply.

[maybelline]

well done elizabeth1, very interesting too, was it the same Judge (or is that not usual)

 

best regards:)

[Alphageek]

Nice one. Glad to hear it went well.

[elizabeth1]

well done elizabeth1, very interesting too, was it the same Judge (or is that not usual)

 

best regards:)

 

 

It was a different Judge this time - I will email you now

[andrew1]

I think one message comes out of this very clearly everyone:

 

DON'T FECK WITH THE CABOT FAN CLUB !

 

 

So far legal costs and losses from our own little calculator is running for Cabot at about £40,000 to date and that's since December give or take a few pounds on the cases they have tried to win - now that's only the few we are tracking. Willie better had watch his Christmas Bonus for next year, carry on like this Willhelm and you'll lose it!

 

As I say Cabot -

 

DON'T FECK WITH THE CABOT FAN CLUB ! :D

 

 

Sarah

[Seahorse]

Pffft. Pocket change for auld Ken, I think.

 

But better out of his pocket than in.

[MoonHawk]

Well done Elizabeth and well done also to hubby

 

I still can not believe they are asking for more time. Have you thought about using CPR Part 40 to draw up an order and have the order include a consequence if they fail to comply? Section 8.2 is the interesting bit.

 

Best Wishes

MoonHawk

[Rhia]

Elizabeth you have done wonderfully yet again. Cabot must dread you.

Their MO is to push aggressively and hard for Fast Track and costs and anyone encountering them should be well aware of this. This is obviously a tactic laid down by Cabot themsleves rather than their solicitors and there is something very wrong in their vexatious use of the courts to harrass people into paying debts.

Is there a group complaint we could make to HM Courts does anyone know?

[ODC]

I have no doubt this is under active consideration by the Cabot Fan Club.

[Rhia]

The CFC hasn't started such a thing but with two cases won in the past few weeks and another in the offing...all same tactics fast track plus costs and nothing else by Cabot then we are building up a case. The real question is how do we make a group compliant to the courts? Is this a possibility?

Edited June 6, 2010 by Rhia

[andrew1]

I have no doubt this is under active consideration by the Cabot Fan Club.

 

"I am part of Cabot Fan Club "

 

We are everywhere!

[ODC]

The Clownell Fan Club seems to be showing a dramatic increase in membership of late too.

[elizabeth1]

I am part of Cabot Fan Club and we haven't started such a thing but with two cases won in the past few weeks and another in the offing...all same tactics fast track plus costs and nothing else by Cabot then we are building up a case. The real question is how do we make a group compliant to the courts? Is this a possibility?

 

 

Thank you for that Moonhawk - I will be going through that.

 

Rhia - this could very well be our next move. Like Sarah says "don't mess with CFC" Cabot need to learn who not to mess with.

[tifo]

The real question is how do we make a group compliant to the courts? Is this a possibility?

 

I'd join that as well as one with Lowell.

[42man]

Brilliant Elizabeth.....watching this still.....