Cabot/morgan - cap1 card CCJ & AOE payments- admit they were wrong - offered £150!

[Guest DisgruntledDebtGuy]

Thanks I shall certainly take your advice on board.

 

I'm not particularly in any rush and don't have anywhere to run to. Still waiting after 2 and a half years for them to produce the correct ownership documents.

 

 

 

 

 

 

[dx100uk]

I think I must agree to take the money and run.

the CCJ is gone

the A/C must be coming toward the defaults 6th birthday so will vanish from your CRA file too.

 

you've got £500 and the debt written off.

 

they are not obliged to honour your CCA, and even if the was an issue with it, it won't get you a better outcome.

[Guest DisgruntledDebtGuy]

Surely by eventually fulfilling the CCA request they can prove that they do indeed own the debt, instead of sending me somebody else's statements etc.

 

I do understand the offer may seem fair but it is my intention for the whole account to be fully investigated, the original CC and any recent dealings with the fos.

 

It is of my opinion that the CC includes excessive failings, breaking numerous policies and laws. The FOS investigations are beyond anything I've ever experienced, the ignorance, double speak, delays, misrepresentation, and what I feel to be clear lies and active breaches of the FCA handbook.

 

I feel that at least now there is £500 on offer I can afford further solicitor's costs to investigate and advise further.

 

[fkofilee]

Honestly you are pushing this too far... Take the offer and run otherwise you will be further out of pocket. 

I cant make it any more clearer than that... 

 

You are in a very advantageous situation and you are throwing it all away.

[Guest DisgruntledDebtGuy]

I didn't have anything 11 years ago and have even less now.

 

I provided evidence showing I was rejected for less than basic housing because of thiis wrongfully issued CCJ forcing me to sleep rough.

 

There is a lot more involved which I shall try upload over the coming days.

 

There's already nothing in my pocket, I have the clothes on my back.

[fkofilee]

Right but let sleeping dogs lie... 

Stop pushing as you will likely not get anywhere - I speak from experience going fist to fist with BW Legal.

 

2 years after my first contact with them - They had no option but to shut everything down - It took its toll on me... 

You are going down a dangerous path... But what do i know

 

[Guest DisgruntledDebtGuy]

Ha

BW Legal I think they also claim to own a debt of mine from some old payday loan company in administration.

 

They are already shutting everything down, fine by me.

Even the Ombudsman advised before that I should be due £750-1000 compensation.

They surely can't include any redress in this amount as they are still yet to show me that they own the debt.

 

I tried to become a solicitor myself last year to make sense of it all but things changed.

 

I've been on this path for years, dealing with CC company, apex, Cabot, Judge's, local court staff, central court, court bailiffs, fos, independent ombudsman, CAPs, citizens advice, law society, legal aid, payroll, assistance plans, charities, multiple solicitor firms

- - yet no one is willing to still have a look at the account and debt sale.

 

Now the fos are refusing to cooperate with me I've had the chance again to speak to Cabot directly so that I can discuss the actual evidence available...

 

The absolute worst thing in all of this wrongfully issued CCJ on a debt I was under the impression had been cleared prior, and still hasn't proved to be enforceable - is having the displeasure of learning about and dealing with the fos.

[fkofilee]

Right but youve won - Do you know how hard it is to get a DCA to cough up in that way? 

Also as well if you go to the well once to often -= Which you are IMHO - There wont be any water to drink from. 

 

You need to let it go... Take the £500 and RUN. 

You are in the strongest position you can be. Note that debt being written off WILL normally count to any compensation they are giving you. 

 

Ive said enough - Its your call but you are dragging yourself through the mud for no reason.

[Guest DisgruntledDebtGuy]

The original debt I feel £4.31 enforceable to chase.

It wasn't very hard when I've been able to deal with them myself and not through the fos.

The evidence is all there, or not there as the case may be.

 

Fair enough but they are still yet to prove there is a debt, so do not agree with the apparent redress being part of the compensation.

 

Have advised will await my further SAR and legal advice before responding on their offer.

 

Shall keep you updated, appreciate the comments.

[dx100uk]

read the durkin case

RUN

[Guest DisgruntledDebtGuy]

He won?

[dx100uk]

in one aspect yes he did

but it cost him more in money to do it than he ever in all reality actually got back..

 

moral victory..financially victory..no 

 

drop it and run.

 

 

[Guest DisgruntledDebtGuy]

Well then you're missing my moral obligation in all of this.

Edited May 21, 2020 by DisgruntledDebtGuy
Spellingz

[dx100uk]

always my fav words on debt.....

throw the morality card out the window....they do..

 

 

[Guest DisgruntledDebtGuy]

Morals are all some of us have left.

[dx100uk]

which mean nothing financially....

 

if you'd thrown that card out the window years ago, you most probably wouldn't have blindly paid anything when you couldn't

you just got had blind.

and made a few silly mistakes regarding addresses and backdoor CCJ's..

run.

 

dx

 

[Guest DisgruntledDebtGuy]

It's a good job I'm not financially motivated in this. Have no home, car, savings, property, etc. Just my clothes.

 

I was given the option of a prison sentence or complete an attachment of earnings form to pay costs that were already decided prior to my Court appearance.

 

Unsure what address mistakes you refer to.

 

 

[dx100uk]

well we still have not see the paperwork so can only guess how the cabot CCJ was attained...

 

prison...consumer debt...

who by>>

[Guest DisgruntledDebtGuy]

Well a prison sentence for noot filling in the form.

 

Am I allowed to paste my Court transcript here?

 

By a Judge

[dx100uk]

as ling as nothing ID's you so you can be found here by 'whomever'

 

dx

 

[Guest DisgruntledDebtGuy]

Whomever will know exactly who it is anyway?

Should I be worried?

 

JUDGE:  Hello, Mr.

THE DEFENDANT:  Hello. 

 

JUDGE:  You have been served with a Form N63.  I do not know when you were served with it because I have not got a copy on the file.  Presumably that is why you are here. 

 

THE DEFENDANT:  Right.

 

JUDGE:  When did you get the papers?

THE DEFENDANT:   What for?  A letter to come here?

 

JUDGE:  Yes. 

 

THE DEFENDANT:  Two days ago, Tuesday. 

JUDGE:  Right, okay.   There is an application against you for an attachment of earnings order by Cabot Financial (UK) Limited. 

 

The DEFENDANT:  Yeah, apparently. 

 

JUDGE:  Yes.  The attachment of earnings application must have been served on you and you have not filled the forms in.

THE DEFENDANT:  Right. 

JUDGE:  Why did you not fill the form in?

THE DEFENDANT:  I’ve taken the case to the Ombudsman.  It was originally Capital One, I don’t even know who this company is.  

 

JUDGE:  Cabot, well they have a judgment against you and that judgment has not been set aside so Cabot are entitled to enforce it.

 

THE DEFENDANT:  Right. 

JUDGE:  That is what they are doing, they are applying for an attachment of earnings order.

THE DEFENDANT:  Right.

JUDGE:  Are you working?

 

THE DEFENDANT:  Yeah, but only part time.  I’m not paying them through that. 

 

JUDGE:  You are not paying them through that?

THE DEFENENDANT:  Well, I’m waiting for the Ombudsman in the first instance ‘cos I disagree that I should have been given the loan. 

 

JUDGE:  Okay. 

THE DEFENDANT:  And they shouldn’t have raised my credit limit.  

JUDGE:  Well that is as it may be.

THE DEFENDANT:  Yeah. 

JUDGE:  At this moment in time they are entitled to enforce this judgment.

THE DEFENDANT:  Right.

JUDGE:  They are applying for an attachment of earnings order against you.  You have not filled the paperwork in and sent it in. 

THE DEFENDANT:  No. 

JUDGE:  We have got to the stage now where the N63 that you received would be a notice to show cause.  It is a notice to show cause why you should not be sent to jail.  Now, you do not want it to come that, do you?

THE DEFENDANT:  No, not at all. 

JUDGE:  So, are you going to fill the form in?

THE DEFENDANT:  No, I’m not having them taking my wages.  I’m waiting for the Ombudsman before anything.

 

JUDGE:  Right, okay. 

THE DEFENDANT:  I don’t even know this company, Cabot, I’ve never heard of them. 

JUDGE:  Cabot Financial will have taken an assignment of your credit card debt. 

THE DEFENDANT:  Right.

JUDGE:  So, if I give you a form now, you will not fill it in?

THE DEFENDANT:  No.  Well, I’ll fill it in but I’ll leave my job.  I will fill it in, yes. (Pause) I’ve already left my three previous jobs because of it but I will fill it in.  (Pause)  Was I allowed legal representation here?

JUDGE:  If you wanted a solicitor you could ask for one to represent you. 

THE DEFENDANT:  I wasn’t advised anything.  

JUDGE: Well, it is up to you to take advice, is it not?

THE DEFENDANT:  Yeah, but I only got it two days ago and it was sent to my mother’s address. 

JUDGE:  Nevertheless, you have been served with it. 

THE DEFENDANT:  Yeah.  (Pause)  

JUDGE:  What I am going to do, Mr, because this is an enforceable debt at the moment anyway, they are entitled to go ahead, as I have just told you, because it has not been set aside by anybody.   So, I am going to, and this is really all that I can do, is that I am going to order that you complete the N56 form, which is that statement of means form by 4pm on 10th April.  If you do not, you will get 14 days in jail. 

THE DEFENDANT:  Right.

JUDGE:  It is as simple as that.  It is 14 days suspended sentence, not activated if you fill the form in and lodge it at court by the---

THE DEFENDANT:  ---would I have a criminal record?

JUDGE:  No.  Lodged at court by 10th April.  It is a civil matter, not criminal. 

THE DEFENDANT:  Right.

JUDGE:  Okay?

THE DEFENDANT:  Yeah, that’s fine. 

JUDGE:  So, 14 days you are committed for suspending on terms that you complete the form, the N56, which I will give you now and lodge the same at court by 4pm on 10th April. 

THE DEFENDANT:  This court?

JUDGE:  Yes, the office downstairs. 

THE DEFENDANT:  Right.  Thank you very much.

 

JUDGE:  Thank you. 

THE DEFENDANT:  See you later.  Am I allowed to go, yeah?

JUDGE:  Yes. 

 

 

 

This has been my life for two years, complaints teams, ombudsmen, I've been forwarding everything to my Court, reached out to MPs, Mayor's, journalists, Parliament, charities, assistance programs, etc.

 

Yet Cabot still haven't formally introduced themselves or provided me with the correct documents.

 

I thought the Court date would be Cabot v myself as the documents state, and so attended with my hastily collected evidence expecting a discussion between myself and one of their representatives on what/why/how a CCJ has been issued.

 

Thought I was going to prison there and then at one stage...

[fkofilee]

IMHO - I dont think you were taking it seriously then... 

I get why you would dispute Cabot etc but there is a time and place to do that...

 

You were lucky to be shown leniency by a judge.

I dont want to be so negative about the situation but you really need to check yourself into a better mindset with dealing with this.  

[dx100uk]

well a bit late to take it all apart as the CCJ is gone now....but the story doesn't run here...

 

it appears to me you selectively either ignored or didn't get a gazillion letters from cap1

then cabot inc a letter of claim

 

then the court

like

the claimform from the court

the judgement for the claimant from the court

nor I expect various enforcement letters

then the N56..

 

but suddenly got the N63 and went to court...when threatened with jail...

 

so...………..

[Guest DisgruntledDebtGuy]

As suggested I was not expecting anything like this,

yes I should have been better prepared, more responsive and polite.

 

And I do understand and fully appreciate the system in place, of which during those and earlier periods of time I was not really part of

- sofa surfing, in and out of jobs

- amongst other things which I have disclosed to the various institutions.

 

Thanks for the comment you're not being negative I am fully aware of the stress and anger experienced by myself in dealing with this and how I sometimes react.

 

when I received all my Cap1 data the most recent contact from them stated

'your account has been returned to us and we are dealing with it unless otherwise notified' ....there or there abouts.

 

I raised a complaint that they diid not notify me of the debt sale and their final response on the matter states 'unfortunately Capital One would not notify you of the debt sale'.

 

Apparently Cabot sent the letter through a 3rd party printing company on Capital One headed letter.

This was apparently sent with the Cabot booklet but their evidence shows 2 different dates a few weeks apart.

I did not receive this.

 

I did receive a letter later in the year threatening Court action.

This was my first knowledge and at the time thought it to be a sham after looking them up online.

I responded with the dispute letter CCA request October 2017 to which I received no response and went about my life.

 

 I admittedly did not fully understand what a CCJ is (still don't!).

 

Again it was naïve for me to think it would mean having to go to Court to present evidence with a Cabot representative also present with their evidence.

 

Watched too many movies

 

[dx100uk]

th original creditor is not obliged to inform yo of the sale.

this can quite legally be done by the debt buyer using the OC's letterhead...

what other credit did you have at the same time as the Cap1 card that you ran gambling and drug usage debts up on?
 

dx