County Court Claim form received - Cabot ***WON***

[car2403]

Testing, 1...2...3...

 

Can you see this BO?

[Brassed off]

I can indeed CAR "

[car2403]

[Brassed off]

This is a *WON IN COURT* thread after today but for some reason, I can't seem to get to page 18

 

I'm a little the worse for wear but will try and post full details on Thursday night - it's been a very long day and I'm celebrating

[Brassed off]

Suffice to say Cabot got a hammering in court OH YEAH BABY

[Gallahad]

Congratulations BO and well done

G

[cerberusalert]

Well done.

 

Thread title updated to reflect your win.

[cymruambyth]

Fantastic news I'm waiting for the details. Well done

[DonkeyB]

Excellent news.

[andrew1]

It can still happen even without Herr Maynard around!

 

They never learn, brilliant news BO, you worked so hard on this one. It's been a long haul, but justice prevails again and again against this shower.

[PriorityOne]

If you haven't yet emailled me (not checked yet).... then email me Bo!!!

 

:whoo::whoo::whoo:

[andrew1]

What was it I said about Avatars?

[citizenB]

Excellent news, but please, the suspense is killing me

[car2403]

It's worse than a Dallas cliff hanger, this one!

[Old Cogger]

Abide with me comes to mind! less abiding suspense is taking over?

[PriorityOne]

What was it I said about Avatars?

 

 

[cups]

Well done, but tell us what happened!!!!!!!

Please

[PriorityOne]

"Cabeau...." pmsl.... xx

 

[Brassed off]

So sorry to keep you all waiting, I know you love it really !

 

The case was actually dismissed at the Final Hearing

 

Morgans/Cabot (or Cabeau as they were referred to by the usher and Judge, hence P1's ref above - I am reliably informed that it means "mutt" - that figures!) were given a very hard time by the Judge. He was obviously very much "up" on Consumer Law.

 

He tore into them from the very beginning about the heavily redacted "Account Supply Agreement" (Assignment) and asked where the original was. Morgans said that they may be able to find it somewhere and he said "so you don't know where it is then" and they replied that they may be able to lay their hands on it. He asked them by what law were they able to blank out so much of the document and they said that it was "Company Policy" to do that. When asked why, they said it was because there was "commercially sensitive information" on there. He wasn't pleased about that either and asked them, once again, by what law to which they admitted, there wasn't one. My name (in fact, nobody's name) appeared anywhere on the Assignment and mine was printed on a separate sheet which could have come from anywhere which he pointed out to them. There was a "Schedule" referred to in the Assignment which said that it was attached "hereto" - it wasn't. When he asked Morgans where this schedule was they said that they were sent the information on two "Data Discs" - he wasn't happy about that either as this information should've been available in document form and presented at the hearing.

 

He also wasn't happy that I had ever received a Notice of Assignment as they had no proof of this. Again, all they had was a photocopy of a template letter. He picked up on the fact that the OC's name was spelt incorrectly too (I'd missed that!).

 

He did touch on the Agreement but only briefly, just stating that one of the prescribed terms was incorrect (the repayments were out by pence) but didn't elaborate. He just kept going back to the heavily redacted Assignment.

 

Morgans pulled a few tricks before the hearing, the first one being a letter to me last Friday with a Claimant's Statement of Costs for £6,500 - no joke! I did have a little wobble on this as I had decided to go to the final hearing without anyone representing me. In some respects, I think that was a wise move.

 

When I got to the court, I was asked by the security guard if I wished to speak to the representative from Morgans and I said that I had taken legal advice and wouldn't be speaking to them. About ten minutes before the hearing was about to take place the security guard came to me and said that he had been given two documents to give to me by Morgans. They were two court cases, namely Wilson v Hurstanger (which I already knew about) and a little known Northern Irish case. I took a quick glance at the Irish one and just put it to the back of the Trial bundle.

 

There were no originals presented of anything, it was all photocopies.

 

When my claim was allocated to the SCC, this judge made Cabot amend their POCs twice. From the orders that he sent out, I could tell he was not a happy bunny. Unfortunately, at my preliminary hearing, I got a different judge who basically told me to just pay up and stop wasting the court's time.

 

I'm glad that it went to a final hearing and I got the original judge.

 

To be honest, I never got a chance to say hardly anything. All that work I'd put in swatting up! I think he had their cards marked before we got in there.

 

This was an eleven year old debt for a computer that never really worked right from the start. I did get ticked off by the judge for not mentioning the fact that it didn't work properly in my Defence but as it was so long ago, I wasn't sure it was relevant at the time and only brought it up at the preliminary hearing. I'd already paid half the amount to the finance company before losing my job and being unable to pay. Cabot had added at least half again in interest which was picked up on and they admitted their "error" and took the interest off, therefore halving the debt.

 

I did make an offer to stop it getting this far and they refused it. Bad move IMO.

 

So case dismissed, no costs awarded to either party. It really is "end of" so to speak. Only taken 12 months of pure stress!

 

I enquired about obtaining a transcript of the final hearing as to be honest, so much was said by the judge, I couldn't write it all down quick enough.

 

Just for info, if you require a transcript, if you ask the court, they will send you out a list of their recommended transcribers. You choose the one you want, fill in a form from the court, the court send the recording to the transcriber, they type it up and send it back to the court who get the judge to OK it, then it gets sent out to you. It's not cheap but if there are any of the CFC reading this, we could all chip in .........

 

 

 

I honestly think justice was done - I could've kissed that judge at the end

 

There are a few special people who have helped me through this. I don't need to thank them on here as I've already done that behind the scenes. You know who you are

 

 

GO BO, GO BO

[havinastella]

Well done BO.

[eggy12]

congrats and hope your enjoying the de stress

[Brassed off]

The relief was immense, I cried ....

 

The wine was good later though

[eggy12]

hahaha I wont ask how much wine

[Ford]

well done brassed.

[Brassed off]

hahaha I wont ask how much wine

 

I'm sure you can imagine Eggy