Just phoned the Court and they confim that Cabot have put in an N279 and (quote) "Thats the end of the case" - so I guess we chalk that down as a win. I'll get my defence posted up for others to use at some point today (I was a bit leary of keeping stuff up while it was ongoing for obvious reasons) I'd just like to say a huge thanks to everyone who helped on here, and to Cabot a big "F**k you - you wont be schmoozing it on the BBC next year, you retarded crooks." Well, maybe on Watchdog LOL :grin: Last question... can anyone help me with how I get back my costs from these ****bags please??

Letter in the post in the UK dated 3rd July (having booked the ferry for the court yesterday - 150 sovs down the drain ) - Cabot "Discontinuing the case" Cant say more, should get a scan of the letter tomorrow. Curiouser and curiouser...

Any chance of some ideas here please? I've got to get stuff in next week and as I'm abroad that takes a little more time than just trotting down the post office. What should I put in to the Caimant and the court? Do I use the same defence I used last time with a statement of truth? Do I counter-claim? Is there a way I can stop the hearing since they are in breach of a CCA request? Is there a way that I bring that into my case prior to the case being heard? Kinda lost here - and its kinda quiet

CCA request went off, got the usual Cabot "we are not obliged" bullshizen, the time limit expired months ago. When they failed on that I sent the CPR - they ignored it, but acknowledge that it happenned in the pile of rubbish they presented at the Set Aside hearing. No I didnt make a claim against them - didnt know that I could? They are also in default of the SAR they were sent (which they also acknowledged in the Set Aside rubbish) Here is a scan of the order. Sorry for the delay, but as I'm in abroad this stuff takes a while to get to me. Add: this is their original PoC Cheers Mo

Months ago, which they havent satisfied. Miss M - they have to produce them at the hearing in July.

this was a Judgement (including a Final Charging Order) that was squirted through Northampton by Cabot in my absence. I got the lot Set aside a month or so ago, and the Judge when setting aside the judgement put the case on again saying "it starts again" (ie, as if I'd just recieved their PoC), despite Cabot not having adhered to a CCA request. After that, another judge - presumably having read my defence, and noted that they have at no point provided any paperwork whatsoever - set an order for a hearing in July where they must a) pay £300 to continue (which they have) and b present to court the agreement, the default notice, the account history and a couple of other thjing which were in my defence. So... jusging from them having paid £300, they must feel they have an agreement? yet they are still in breech of my CCA request... I'm confused :?

Puntaroo... anyone have any thoughts on this - or it that Cabot WANT me to stall the case and hope I will..?? Seems very strange that they went all that way without a scrap of paper, and now suddenly they have the (alleged) agreement, default notice, account history etc that the judge has ordered them to present...

Well, set aside won... and after another judge nearly threw out the defence because of lack of a Statement of Truth, which thanks to the Forum was sorted in the nick of time, a further judge sent out a long order (sorry I dont have it here right now) stipulating that our chums should pay £300 into court, and not turn up unless they had an agreement, a default notice and all sorts of other stuff as put in my defence (cant find the post with that in now, but its out there somewhere). Well, they paid - which is kind of scary - but then I think thats what they want, and are still hoping that I bottle out. So, we go to the case... but do we? They are still in breach of both a CCA request amd an SAR... So, can someone correct me if I'm wrong her please? Since the case was set aside, proceedings start again... and since they have failed to honour the CCA request, they cannot take me to court? If that is the case, how do I notify the Court and get proceddings stopped? Cheers LotM

Aha! exactly that chaps - thank you very much

This is re: the Cabot set-aside I won last month. Just when I thought it was safe to breath a sigh of relief... - I'm in France and some dumb-a*se District Judge has sent (second class - taking 9 days to arrive) a letter through to my forwarding address stating (roughly, I havent seen it yet) that "The Court on its own violition orders that the defence be struck out unless the Court is provided with a signed Statement of Truth by 4pm Friday. Yes, THIS friday - and the letter arrived today. So... I can get it faxed to them - Qestion 1 - I assume a faxed signature is OK? (I was told the defence could be faxed, so I'm assuming so) Question 2: what the foogin ell is a "Statement of Truth" and what form should it take? Cabot still havent sent me the SAR or given me a copy of any agreement, and have now written saying that they cant - so what do I write? "Cabot are a bunch of liars" signed LotM?? Seriously - what do I do here, as I need to get this across to them during tomorrow? Below is my defence - is there somewhere I modify that with the statement of truth? Thanks in advance - this has really shocked me coming out of the blue like this.

Final punterooo... need to get to the fax machine in half an hour!

thanks 42man - can you explain further on Rankin, as in what aspect and how they try to use it? (I still cant see how they can even be allowed into Court without having complied with a CCA request mind you :-| "British Justice" my a*se... )

Help please !

The Defence I had prepared at the time of the set aside. Can someone run an eye over it for me please? I've spoken to the court and they can accept a faxed defence tomorrow (I'm abroad). Couple of relevant things: Cabot have yet to comply with the CCA request I made wa-a-ay back, and have yet to comply with the SAR I sent (time on that ran out on 22nd April, coincidentally) and have still ignored (yet have acknowledged) a request under CPR.

Cabot PoC

As elsewhere, I got this set aside, but what has turned up in the post today has blown me sideways! :? I'll post the doc when I get chance, but the wording is: IT IS ORDERED THAT the judgement be set aside and it is ordered that: The time for service of the defence and the usual timetable on issue of the summons deemed to commence on 22nd April 2009 Does this mean that I have to get a defence in by tomorrow???

Thanks folks I'll scan and post some juicy bits in the new thread in the next couple of days

Thanks chaps WRT the Judges directions, I dont recall any directions being given as such. I asked if the next step was an Unless Order, at which I noticed out of the corner of my eye the bod for Cabot blanched. The Judge just said to me "it begins again - as if you had recieved the claim today". I can say that her judgement (if thats the right phrase?) was basically: (to the Cabot bod) "I'm going to set this aside - you have no agreement, without which you cannot continue." I'd guess she wrote something like 8 lines on the sheet? Don't know what they were though. What is a CPR 31.14 letter Money? I sent them a CPR (from memory) 16 request the day their "not obliged" letter came in reply to my CCA requey. They've ignored that, although they do identify as happening it in the stuff they put in.

Original thread here Got this set aside, and was told by the Judge that it now "begins again - as if you had recieved the claim today" - which is fair enough, but... Cabot are in default of a CCA request, and as of Tuesday in default of a Subject Access Data request. So, got two questions for now: 1) since they are in default of the CCA request (they admit this in the tut they brought to court) - can I now write to them and demand that they formally cease any action until they are not in default of the CCA requey? 2) What remedy / action can I take against them regarding the SAR? Thanks in advance Mo

And we have a winner............. Mo Beer n skankin' all round Thanks to everyone who helped - I'll post up about Round Two in the next couple of days.

Thanks Nick, for the correction and the additional input. I'll have that up my sleeve. With regard to Rankin - can anyone outline exactly how that judgement over-rides the Tuckey LJ judgement with regard to the agreement? Perhaps I'm misunderstanding what the Rankin judgement "proves"? Could someone explain? To my logical mind, if there aint no agreement - the terms aint complete?

Cheers Spam, its all good - I'm looking to give the fergers both barrels over this so I *really* want one of the Learneds to comment whether its right to ask for a strike out if interest has been wrongly awarded, or in a case where no agreement has been put forward, awarded at all. My laymans thoughts are "Of course! its wrong in law." - but I'm a layman and I dont want to make a goose of meself

Ta