Cabot Say Debt Not Statute Barred: What Do I Do Next???**WON**

[Rhia]

Whilst I agree its unlikely they would be foolish enough to pull a fast one its not beyond possibility. They certainly would not be the first shower of s**t to tell a debtor they were not continuing and then seek a sneaky default judgement.

 

I absolutely agree ODC ...you can never be too careful. Keep your eye well and truly on this particular ball.

 

Also drop a line to the OFT. Link below shows they are onto the Charging Orders business now and I am pretty sure that's what Cabot were up to with you. I would complain to the department named in the link and c.c. to the Credit licensing dept at the OFT - you should find an email address on their web site. If not just send in the mail.

The Consumer Forums - Announcements in Forum : Debt Collection Industry

 

The OFT has just stuffed the DCAs issuing of Statutory Demands and given First Credit and almighty rollicking they are now turning their attention to the abuse of the Charging Order. If they keep this up these bottom feeding DCAs will soon be out of business. We can only hope.

Edited March 28, 2009 by Rhia
spelling

[creditcardmug]

Just a word of warning. Unless you hear OFFICIALLY in writing from the COURT then you should attend.

 

Agree with ODC, phone the court asap, ask whether the court has received their Notice of Discontinuance.

 

Do we trust them? does anyone who knows them? NO!

[PossVox]

Thanks to everyone for their comments, all sound advice as ever.

 

I won't allow myself to believe that i'm completely out of the woods yet, not until

 

a) i have the notice of discontinuance in my hand and

b) the court confirm that they have their copy.

 

We all know how devious these people can be.

 

Nothing in today's post but I only spoke to the "solicitors" yesterday afternoon so i'm prepared to wait until early next week before i start kicking off.

 

PV

[emmaf01]

You could always turn up anyway asking for a wasted costs order/expenses?

[PossVox]

Nice idea emma but i want to avoid the hearing because i'm supposed to be away on holiday that week!

 

PV

[emmaf01]

I'd just keep ringing the court.

[mercyblue]

If marstons say they are discontinuing why didn't they just send you the notice of discontinuance. When they file such a notice they should send one to every party cpr 38.31b I believe.

[ODC]

At the end of the day the only people who can tell you not to go to court are the Courts themselves. DCAs and their solicitors speak with forked tongues.

[DonkeyB]

That's not fair on snakes!

[Rhia]

I agree to keep an eagle eye on the schmucks but the Notice of Discontinuation will also go to the court so they can vacate the date of the hearing.

 

Hodson's will have called you on Friday to say it was happening. Their letter/notice of discontinuation should be here today; tomorrow at the latest. Keep it and the envelope. Let the court have a copy of the notice without delay.

 

Do not halt any action until you have the actual Notice.

 

However - in my experience with Cabot/Hodson's AKA Morgan's - once they say they are discontinuing they do actually do so. After all they have utterly failed to frighten you into a last minute offer. They know you have rumbled them. Evidentially they are up sh1te creek so why carry on? Plenty of unsuspecting people to frighten (until they find CAG that is).

Edited March 30, 2009 by Rhia

[PossVox]

Hi,

 

Update:

 

Phoned local county court a few minutes ago and they have received the notice of discontinuance and actioned it! Hearing before allocation also vacated.

 

Letter in the post from cabot to say thanks for my email of comlplaint and that they are investigating and will be in touch within 10 days. Also enclosed their complaints procedure, boy am i going to be using that information to its fullest!

 

Thanks to all CAGgers who've helped and supported me so far, i just need cabot to close my "account" and bog off for good now.

 

PV

Edited March 31, 2009 by PossVox
bad typing!

[lickthewallfatboy]

nice one matey

 

another notch to carve in the DCA tree

[PossVox]

Cheers mate!

 

Do you expect them to close my "account" and disappear now? If they really ARE investgating my complaint seriously then that's the obvious conclusion, right?

 

PV

[PossVox]

Hi,

 

 

I have followed x20's excellent guide to claiming for wasted costs.

 

 

Filled in a form N252 and typed up a separate letter detailing what costs i intend to ask for.

 

 

Just phoned the county court and they tell me that I would need to complete an N1 and start a fresh claim against cabot.

 

I explained that I had completed an N252 and detailed my costs. They asked me who had advised me and I said it was a solicitor (x20!).

 

The CC manager told me that they aren’t legally qualified to process my paperwork even if I handed it in to them. Also said that it is not normal procedure for defendant to claim costs when a case is discontinued!

 

 

Very confusing!

 

 

Any ideas?

 

 

Thanks

 

 

PV

[PossVox]

Hi,

 

Having read x20's advice again, i think i don't involve the court yet.

 

I think i just serve the N252 on cabot's solicitors initially and what i'm asking for is actually an out of court settlement at this stage.

 

Anyone know if this is the correct interpretation?

 

Thanks

 

PV

[PossVox]

Hi,

 

Think i have it sorted re N252, they will receive it tomorrow and i await their response.

 

PV

[Rhia]

Marvellous PossVox...just listen to them squeal!

[PossVox]

Update:

 

Received this from Cabot:

 

 

Sent a Wasted Costs Order in today to their solicitors.

 

Thanks to everyone for their contributions and support-you know who you are!

 

PV

[PossVox]

And now this:

 

 

Where they admit that;

 

1. They never had a CCA or any other paperwork

 

and

 

2. That it was Statute Barred all along

 

and

 

3. They can process my data DESPITE NOT HAVING ANY AGREEMENT! (Hello Information Commissioners's Office?!)

 

I have learned to send all letters by RECORDED DELIVERY, KEEP A FILE of all correspondence and it seems OK to use email as they WILL RESPOND to them.

 

I hope that this thread gives hope and encouragement to anyone else who is fighting Cabot.

 

I will update re costs.

 

You can WIN with the power of CAG!

 

PV

 

P.S. should it be moved to the WON section and maybe also to the Cabot Fan Club Section?

[saintly_1]

Well done ........... thread title amended and thread moved

[PossVox]

Thanks Saintly!

 

Let's see what they come up with re Costs, I'll send a nice fat donation to The CAG if they cough up!

 

(I still owe Rhia a few pints too!)

 

Cheers PV

[Rhia]

Hi Poss been away a few days. This last letter is gibberish of the highest order.

They admit they don't have any agreement or other paperwork which gives them the legal right to process your personal data.

Therefore they have unlawfully been reporting adverse material to the CRAs between 2000-2006. A complaint to the ICO I think.

[Redletter]

Absolutely brilliant!

Excellent result well done PV!

I am only just taking up the fight with these muppets please see my thread-any comments/help would be greatly appreciated:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192874-cabot-direct-debit-cancel.html

 

Thanks,

Redletter.

PS Did you get the costs in the end?

[pinkerton_angel]

Very interesting reading! Well done!!!!!!!!!

I'm having my own battle with Cabot

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/98141-next-default-2.html#post2132584

 

Any advice would be greatly received as they're doing my head in!!!