Cabot -Fin-Ltd Juristriction transfeedr when case stayed -in NI

[Murphy69]

Please Help – I have previously posted but need some serious advice on this one from experienced CAG members – rory32, vjohn82, scabhunter, curleybear or others. Thank you.

 

This case may be of interest to those living in Scotland or Northern Ireland. Brief history

In 2004 Cabot took over 2 debts I had, one a loan which included PPI from RBS and another from RBS Advanta. I at the time was doing my very best to avoid bankruptcy - despite been advised to go down that rout by all and sundry - and also was not aware of all the info regarding cca, sar etc so on my own set about trying to negotiate f&f settlements with my many creditors. After sending Cabot a f&f settlement cheque which they cashed, they had not agreed prior but I stipulated terms on the cheque, they cashed the cheque and continued to pursue me. Eventually in 2007 this went to NBCC, by this time I had found CAG, had completed a SAR and received back exactly what - sarajonsey - got and has uploaded in photo bucket - post 49 - a illegible copy of an application form - see

http://s1028.photobucket.com/albums/y350/Kazza_07/RBS%20ADVANTA%20MINT/?action=view&current=scan0001.jpg&evt=user_media_share right down to the same date bar a few days. But I never receive a copy of the Default Notice, reading through the SAR communication, Cabot requested this from RBS who replied that they did not have it – reply from RBS

“I cannot provide you wit a copy of default notice and the date is no longer on file “

I contested Cabot’s claim and on the 1 Sept 2007 the judge made the following direction:-

It is ordered that

1 the action against the defendant be and is stayed as the contract for the supply of credit( and possibly other services e. g. insurance of goods after purchase) may fall within the special jurisdiction regimes in the judgments and Regulations and Convention

2 Any application to lift the stay shall be supported by evidence and authority

3 Any party affected by this order may apply to have it set aside varied or stayed such application must be made within seven days after the date when this order was served on the party applying

6 /07/07

That was that, I didn’t do anything and waited, then on 22 April 09, letter from Cabot regarding change of solicitor from Hodsons to Morgan. The a letter from Morgan’s seeking money on the 22 may 09

Then out of the blue on the 3rd august 09 -with no contact from the courts since 1st Sept 07 - a court letter stating

Upon considering claimants application notice of the 26th May 09 seeking transfer of the case to N.I. and upon it appearing that there is no jurisdiction to transfer a case to another jurisdiction

It Is Ordered that

1 Claimant’s application is dismissed

2 Unless by 1st Sept 09 there is an application to lift the stay in accordance with the order of District Judge xxxx of the 6.7.09 the claim be struck out without further order.

( I was not even aware such an action had been taken by Cabot? Is this allowed without me seeing any paperwork or did the court got the date wrong and it should have stated the 6/07/07 and not 6/07/09)

 

3 Any party affected by this order may apply within 7 days after service of it to vary, amend or to set it aside

6/06/09

All this after the Order on the 1 Sept 07 stating either party had 7 days to respond?

Cabot then submitted an application notice on the 14th August with the following request:-

Following an order of the court dated the 6th Aug 07, the matter was stayed. Accordingly, in order for the claimant to progress this matter they require the stay be lifted. ( on the 6th Aug 07 – the judge had given seven days – not 2 years – what significance is this, what is the point of stipulating 7 days if they can come back 2 years later and ask for the stay to be lifted?)

On the 28th August the following Judgment was made:-

It is ordered that

1 list application with a time estimate of 15 minutes

2 claimant shall file and serve authority that there has been proper service – CPR6.32 applies

28/08/09 – no mention of Cabot’s request to get the stay lifted, why?

 

Hearing to take place 7th Oct 09

Then on the 7th Oct 09, I received a witness statement from Cabot – posted on the 6th Oct – notice there was obviously no time to respond and I would say this was a deliberate tactic by Cabot, stating that because proceedings were started in 07, cpr6.19 applied and not cpr6.32 and that the case be dismissed on the basis of jurisdiction – therefore allowing Cabot to reissue a new claim in N.I. with out an abuse of process occurring. It is submitted that this would be just and in accordance with the overriding objectives at cpr 1.1 ( no mention about stay been lifted, just want case dismissed so they can retake it ??? in another jurisdiction )

I also contested to the court that Cabot had now run out of time, had not provided me with proper documentation and the chances of success were slim at best and had no compelling legal basis to continue the claim.

On the 7th Oct 09 the following Judgment was made

It is ordered that

1 Application to lift stay is refused

2 The claim is dismissed, the court having no jurisdiction under the Civil Jurisdiction and Judgements act 1982

So I phoned the court about the 14th October 09 having heard nothing and the clerk told me what 'I thought' was good news – claim dismissed – so I thought happy days but I was wrong, just before Christmas a letter arrived form another solicitor now threatening court action here in N.I.

Upon closer inspection of what the judge ordered, it appears Cabot got their wish and also they didn’t.

On the 14th August they had submitted a request to get the stay lifted – that was refused, however, in their witness statement, they asked for the case to be dismissed so they could continue to hound me, this it appears on first sight they were granted.

My question – where do I stand now – I feel let down by the whole court process as directions of 7 days from the judge seems to speak for nothing. At the time of my original defense, I diden’t understand the significance of a default order, can they pursue me with out one?

The order to lift the stay – surly this means they cannot move this to a new jurisdiction as their request clearly stated that the reason they wanted the stay lifted was so they could restart the case in a new jurisdiction.

A letter to the OFT could be in order – any advice again appreciated

All help would be greatly appreciated.

M69

Edited December 29, 2010 by Murphy69

[silverfox1961]

Just giving you a nudge onto todays posts.

[Murphy69]

Thanks Silverfox - appreciate the nudge.

Is the lack of response because this involves a transfer to N.I. or just the holidays? hopefully some experienced CAG's can help.

What Cabot has done is lump the two debts together, one the credit card RBS avanta and another which was a personal loan with PPI included. The total cost added to the loan was £1221 for the ppi back in 98, when I fell ill in 2000 and made a claim - wait for it - they said I wasn’t covered, wouldn’t pay out, now up to my eye balls in debt and fighting for survival to pay the mortgage I wasn’t the least pleased, however I struggled on before the whole thing overwhelmed me eventually. I then cancelled the ppi but only received a rebate of £236.24. The remainder I ended up paying. The loan was for 6k, i paid back 4.5k but with interest I still owed 5k plus and it was for this they are taking me to court. When I got back my copy of application form. its clear that this is a multiple agreement but the particulars of the loan are all lumped together with the loan, not stated separately. The balance of the ppi which I believe was mis sold at 8% pa would equate to £2k plus. Since Cabot claim complete ownership, they will be responsible for the mis-sold ppi and I should be counter claiming for the 2k. However, I need help and advice and any would be greatly appreciated.

[dx100uk]

the ppi reclaim goes to the OC

 

i'm gonna move thisthread tothe legal section and add links to the past threads y have onthem for ref

 

dx

siteteam.

[dx100uk]

old threads:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?99025-Full-and-Final-settlements&highlight=

[Murphy69]

Have just been reading this case

Alexandra Slater v Egg - The Full Judgement

10 Sep 2010 ... IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION MOLD DISTRICT ... in how to use the County Court - a must if you are intending to start a claim. ..... 10th September 2010 10:27 # ADS. Google search. Site Team

Why do i read this as Egg won - everyone here is implying the claimant Slater won? am i nuts or what - to me the judge found infavour of Egg - please correct me if I'm wrong and point out where. TIA

[Murphy69]

Re: Newbie - Settling out of Court - is this the same case?

[Murphy69]

Please help

any ideas on whether this would qualify as a properly executed agreement.

This is all I have from my SAR to Cabot- can they reconstitute t&c's as they havent supplied them in my request? Is there anyone who has successfully defended against this type of credit card debt when this is all that has been produced? The card limit was increased from 6k to 10k, is there a legal obligation to sign a new agreement as suggested on the McGregor Moore website. On all Credit cards since 2007, there is an abundance of mail every time they change something like apr etc, prior to 2006, they just increased limits with out requests, the onus was to ring up and refuse the

 

 

http://s1028.photobucket.com/albums/y350/Kazza_07/RBS%20ADVANTA%20MINT/?action=view&current=scan0001.jpg&evt=user_media_share

[ScarletPimpernel]

Are the solicitors currently involved based in NI, or is it a mainland firm?

[Murphy69]

it has been transferred by cabot to NI firm.