From Monument to.......Cabot

[cymruambyth]

Drat, it's UK.

They are different companies, at the same address.

[citizenB]

Pre trial check list.

I just complete N170.

Do I need to list all my documents anywhere?

If I don't consider all directions have been complied with i ask for directions for this?

Thank you

 

This form is a pre-trial checklist. It informs the court as to trial-readiness, compliance with any directions the court may have given, the number of witnesses that will be attending. This information enables the court to determine how long the trial is likely to take, and therefore they can apportion court time accordingly. A small claim is not expected to take longer than one full court day, which is five hours long.

 

I cant see anywhere on the form where you need to list documents.

 

Q A2 does give you the opportunity to request additional directions if you feel they are needed. I guess that could extend to requesting more information.

 

TBH, I have not seen one of these before.

 

x

[cymruambyth]

THanks citb, isn't life just one great fun learning curve:D

[citizenB]

THanks citb, isn't life just one great fun learning curve:D

 

 

Isnt it just

[cymruambyth]

Hi still on the N170 .......

Do I need to supply a proposed timetable for trial?

Morgans have stated Fast Track and 1 day, do I request less or leave alone?

Morgans have failed to supply DN and only a reply card and unrelated t&cs, should I submit yet another order for directions?

In their N150, they listed a witness, I have not received any WS from him, but WS from a litigation co-ordinator.

Should I raise this?

Thank you

[citizenB]

Will flag this up for attention, cos I really dont know the answer. Meanwhile could be worth inviting foolishgirl and BRW to have a look at the question.

[banker_rhymes_with]

Hello C!

 

Do I need to supply a proposed timetable for trial? Dunno, sorry!

 

Morgans have stated Fast Track and 1 day, do I request less or leave alone? I'd just leave alone, more costs for you if you spend time preparing for a whole day!

 

Morgans have failed to supply DN and only a reply card and unrelated t&cs, should I submit yet another order for directions? Yes, don't let them get anywhere near Court without disclosing the DN.

 

In their N150, they listed a witness, I have not received any WS from him, but WS from a litigation co-ordinator. Should I raise this? Yes, question everything, accept nothing without putting them on the spot until you are 100% happy you have all that you will need.

 

Cheers,

BRW

[sir fussalot]

Hello All,

 

On another peice I was looking at re Cabrot:

 

I couldn't get a match for a Consumer Credit License for Cabrot.

 

So I e-mailed the OFT. This was the reply.....

 

CCA Search :: CCA Search Results :: Licence Details

 

Application / Licence Details

Licence Number:0472690

Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Cabot Financial (UK) Limited 3757424

Categories:

Consumer credit

Credit brokerage

Debt administration

Debt collecting

Provision of debt-adjusting on a commercial basis

Right To Canvass Off Trade Premises:Yes

Trading Name(s) (Historic):

KH (No.1)

Cabot Financial (UK) Limited

Cabot Financial (uk) Limited

Issued Date: 07-Aug-1999

Expiry Date: 07-Sep-2009

Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

Name Position

Glen Paul Crawford OFFICER

John David Randall

Mr Kenneth William Maynard OFFICER

Historic Individuals that run the organisation:

Name Position

Angela Jane Church OFFICER

Richard Terrell Langstaff OFFICER

Nature of Business:

Other

Current Address(es):

Address Type Address

Correspondence 1, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA

Principal Place Of Business 1, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA, United Kingdom

Registered Office 1, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA, United Kingdom

Historic Address(es):

Address Type Address

Correspondence 10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LT

Principal Place Of Business 10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LT

Principal Place Of Business Borodin House, 6, Beaconsfield Court, Garforth, LEEDS, LS25 1QH, United Kingdom

Registered Office 10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LT

Registered Office Borodin House, 6, Beaconsfield Court, Garforth, LEEDS, LS25 1QH, United Kingdom

 

Although it says Status current.? does the EXPIRY of Sept '09

Have any bearing on Cabot trying to bring a claim ?

 

Next post Cabrot Financial (Europe) ltd.

 

Fussalot.

Edited February 23, 2010 by sir fussalot

[sir fussalot]

This is the Report for Cabrot Financial (Europe) Ltd

 

Application / Licence Details

 

 

 

Licence Number:0441205

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberCabot Financial (Europe) Limited3439445

 

Categories:

 

Consumer credit Credit brokerage Debt administration Debt collecting Provision of debt-adjusting on a commercial basis

 

Right To Canvass Off Trade Premises:Yes

 

 

Trading Name(s) (Current):

 

Cabot Cabot Financial CFE CFEL

 

Trading Name(s) (Historic):

 

CFS CFS International Commercial Financial Services

 

Issued Date: 04-Mar-1998

Expiry Date: 03-Mar-2013

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePositionGlen Paul Crawford John David Randall Kenneth William Maynard

 

Historic Individuals that run the organisation:

 

NamePositionAngela Jane ChurchOFFICERJohn RandallOFFICERRichard Terrell LangstaffOFFICERStockton Bodie BirthiselOFFICERWilliam Richard BartmannOFFICER

 

Historic Organisations that run the organisation:

 

NameCompany Registration NumberPositionCS SCF Management Limited OFFICER

 

Nature of Business:

 

Debt Collection

 

Current Address(es):

 

Address TypeAddressCorrespondence1, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UAPrincipal Place Of Business1, Kings Hill Avenue, Kings Hill, WEST MALLING, Kent, ME19 4UA, United KingdomRegistered Office1, Kings Hill Avenue, Kings Hill, WEST MALLING, Kent, ME19 4UA, United Kingdom

 

Historic Address(es):

 

Address TypeAddressPrincipal Place Of Business10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LTPrincipal Place Of Business72, Hammersmith Road, London, W14 8YERegistered Office10, Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4LTRegistered Officec/o Mayer, Brown & Platt, Bucklersbury House 3, Queen Victoria Street, London, EC4N

 

I just wondered, as I am being pursued by Cabot Financial (UK) Ltd.

 

The one that appears to NOT have a CCL?

 

I thought I would ask if it had any possibilities, beings as the "Big Guns", are about :grin:

 

Fussalot.

[foolishgirl]

Do I need to supply a proposed timetable for trial?

Morgans have stated Fast Track and 1 day, do I request less or leave alone?

Morgans have failed to supply DN and only a reply card and unrelated t&cs, should I submit yet another order for directions?

 

Agree with BRW on all the above

In their N150, they listed a witness, I have not received any WS from him, but WS from a litigation co-ordinator.

Should I raise this?

 

This should def. be raised. As they have named a witness but not produced his WS, you are entitled to call him to appear at the hearing. Howver be aware that this will cost you in court applic. fee & costs of witness to attend. (Of course if you win, you'll get it all back )

 

I would therefore suggest a letter to Morgans first, asking them where the WS is for xxxx & why they have sent one from someone else. You could also state that unless you receive a WS from xxx or confirmation that the court has been informed that this witness will not be giving evidence in any form within 7 days, you will be making applic. to summons him to the hearing.

FG

[foolishgirl]

Sir Fussalot, it's possible that this information is not up to date or that an application for a licence is in the pipeline. Suggest you ask OFT for the current status & ask them why Cabot UK is still practising if they have no credit licence.

[cymruambyth]

Hi it's stupid question time ...... again

When you submit draft directions, when are they considered, when they are submitted or at the court case?

I keep submitting them, WS, AQ etc yet have never heard anything from the court.

Thank you.

[caro]

Depends what the directions say I would think. The court is under no obligation to use them.

 

Do you submit the same directions or have they been changed?

[foolishgirl]

Of course, if you submitted a request under CPR31.14/16 originally (sorry, can't recall without rereading) you could put in an application for a court order to make them produce but (a) it would cost you, albeit reclaimable if you win & (b) they have already demonstrated contempt of court directions anyway so not sure an order will have the desired effect. You may just be better bringing it all up at the hearing.

[cymruambyth]

Thank you for your replies.

THe directions are variations on the theme of failing to supply etc. I was just intrigued as [problem] brought them up at the beginning of a trial (both sides were dismissed) and in my innocence I thought that when they were submitted they would be considered (I do realise that mine is not the only case that is being dealt with:))

[foolishgirl]

I think if you send in directions with the AQ, then they are usually put before a DJ at the time, otherwise you have to wait for a review/hearing or ask the court manager to put it in front of a DJ's nose.

[cymruambyth]

Thank you. They did go in with the AQ!!

[cymruambyth]

Please could someone give me a link to this 'W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169'? Google is sending me in circles!

[citizenB]

Cym, having a search for you. Meanwhile, you might like to have a word with DonkeyB or vjohn82 because I am sure they have quoted it.

[cymruambyth]

I am having fun ........ googling this 'Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998' has brought up (amongst other things!) a link to tb in badgers!!!!!!!!!!!!!!!!!!!!!!!!!

[citizenB]

I am having fun ........ googling this 'Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998' has brought up (amongst other things!) a link to tb in badgers!!!!!!!!!!!!!!!!!!!!!!!!!

 

Well now, you never know when you might need that information

[citizenB]

Have just sent woodchester to you via pdf

[cymruambyth]

Thank you very much, I'm going to refine my search method:D

[citizenB]

Some of the stuff you need may be in the CAG library

 

The Consumer Forums - Cases

 

The Consumer Forums - Statutes

 

HTH

[freethemice]

Some interesting reading on assignments

 

High Court Judgment Template

 

 

59. The defendant's argument proceeds on the basis that under section 136 of the Law of Property Act 1925, valid notice of an assignment can only be effected if the date of the assignment is stated in the notice. This is wrong as a matter of law: see Van Lynn Developments Ltd v. Pelvis Construction Co Ltd [1969] 1 QB 607. If the notice of assignment describes the assignment by reference to a wrong date, there is authority that the notice is invalid because it has described a non-existent document: see W F Harrison & Co v. Burke [1956] 1 WLR 419 as explained in Van Lynn Developments, supra. Where a copy of the written assignment is sent to the debtor there is no question of misdescription. That is what happened here. The deed was sent to Mr Quinton. That was valid notice of any assignment effected by it, however many dates appeared on its face.