wrongly accused vs cabot

[FlamingParrot]

Re: wrongly accused vs cabot

OK Cabot's killing off it's own case here, now it's clear the account was not yours.

Ken Stannard is CEO Cabot UK and Europe get a Formal Complaint off
to him by signed for post.
Online accounts still have an agreement and if a regulated agreement
is mentioned in the particulars of claim then is must be supplied when
a CCA request is made.

A CCA request is not to do with particulars of claim, it can be sent at any time as long as judgment has not been obtained and there's an outstanding balance. Yes, online accounts still have an agreement but it would be just a computer printout of the terms and it would be very difficult to argue those were not the terms you agreed to at the time, not unless you'd printed them out and kept a copy, but how many people do that?

However, in this case it doesn't matter what terms were there, what matters is that the account does not belong to the defendant in the first place.

I have the court case 12th of this month, to try get this set aside but dunno if I'm doing this all right ?? feeling a little sick thinking about it, but I'm not giving up, so may I ask. what do I need to take with me to court on that day, and should I try get legal aid or no win no fee solicitors help.

Neither of these would apply to your case. There is no legal aid for consumer credit cases except for repossession, orders for sale and when a creditor wants to make you bankrupt. No win no fee agreements are usually only done when the claim is above £10k (for consumer credit cases) because in that case, their costs are recovered from the other side (if you win). In this case you are applying for a low value judgment to be set aside and there would be no costs awarded against Cabot, even if successful.

Have you prepared a witness statement?

[sharron22]

Re: wrongly accused vs cabot

no I didn't know I had to do that, can you tell me how I do that please

[nemesis45]

Re: wrongly accused vs cabot

no I didn't know I had to do that, can you tell me how I do that please

Are you referring to your witness statement?

If so this is your account as to what has happened, how the alleged debt arose, what you have done, i.e request for document, did the claimant respond what did the claim provide or failed to provide.

Take a look through some other threads so you have examples of content and format.

nem

[FlamingParrot]

Re: wrongly accused vs cabot

no I didn't know I had to do that, can you tell me how I do that please

You will find an example witness statement here: http://docs.google.com/viewerng/view...sstatement.pdf
You will need to edit it to suit your circumstances but you can get an idea of the kind of thing you need to say and the way it should be formatted. Note that it should end with a Statement of Truth.

You will, of course, have to mention the account not being yours and include the letters you have as exhibits. :thumb:

[sharron22]

Re: wrongly accused vs cabot

so I recieved a phone call this morning from cabot:tinysmile_hmm_t2: they told me that they had sent a letter to the court to say they were not attending. and the default will be removed from my credit file

[nemesis45]

Re: wrongly accused vs cabot

so I recieved a phone call this morning from cabot:tinysmile_hmm_t2: they told me that they had sent a letter to the court to say they were not attending. and the default will be removed from my credit file

That's great news!!
Still best to attend to avoid any " problems" that might crop up.

nem

[sharron22]

Re: wrongly accused vs cabot

yes I'm still attending court on monday. and already had a letter a letter from restons and cabot confirming they are having the debt setaside so all good news. Id just stopped in to say thank you for takeing the time to reply and give advice. have to say this is the best advice site on the web, I would no shadow of doubt pass on your web page link . THANK YOU SO MUCH

[FlamingParrot]

Re: wrongly accused vs cabot

yes I'm still attending court on monday. and already had a letter a letter from restons and cabot confirming they are having the debt setaside so all good news. Id just stopped in to say thank you for takeing the time to reply and give advice. have to say this is the best advice site on the web, I would no shadow of doubt pass on your web page link . THANK YOU SO MUCH

EXCELLENT! WELL DONE! :cheer2::cheer2::cheer2::cheer2:

Are you getting your costs?

[nemesis45]

Re: wrongly accused vs cabot

yes I'm still attending court on monday. and already had a letter a letter from restons and cabot confirming they are having the debt setaside so all good news. Id just stopped in to say thank you for takeing the time to reply and give advice. have to say this is the best advice site on the web, I would no shadow of doubt pass on your web page link . THANK YOU SO MUCH

Well done Sharron, persistence pays off!!

nem

[sharron22]

Re: wrongly accused vs cabot

don't mean to be a pain, but may I just get advice on one more thing regarding this case,, firstly is there a claim I can make against JD Williams. and cabot for wrongly accusing me of this debt, for having my credit file listed with a default. and them fraudulantly claiming it was mine, and changing the names from my daughters to mine in the agreement ?

[nemesis45]

Re: wrongly accused vs cabot

don't mean to be a pain, but may I just get advice on one more thing regarding this case,, firstly is there a claim I can make against JD Williams. and cabot for wrongly accusing me of this debt, for having my credit file listed with a default. and them fraudulantly claiming it was mine, and changing the names from my daughters to mine in the agreement ?

Hi Sharron,

I would be inclined to make a Formal Complaint to JD Williams, it must have been JD which " allegedly" fabricated records Cabot I would not be able to do this, all the data apart from Cabot's update when it acquired the debt comes from them originally.

My feeling would be to find out the name of the CEO/MD and address the complaint to that person.
Provide copies of docs to support your case.

A formal complaint allows for 56 days to fully investigate and respond, depending on the response you can settle or take this further.

nem

[Kati]

Re: wrongly accused vs cabot

My feeling would be to find out the name of the CEO/MD and address the complaint to that person.
Provide copies of docs to support your case.

A formal complaint allows for 56 days to fully investigate and respond, depending on the response you can settle or take this further

Angela Spindler (http://www.nbrown.co.uk/jd_williams) emai:l angela.spindler@homeshoppingdirect.com Tel: 0161 236 8256 Address: Griffin House, 40 Lever Street, Manchester, M60 6ES (http://www.ceoemail.com/s.php?id=ceo...pping%20Direct) :tinysmile_twink_t2:

[nemesis45]

Re: wrongly accused vs cabot

Angela Spindler (http://www.nbrown.co.uk/jd_williams) emai:l angela.spindler@homeshoppingdirect.com Tel: 0161 236 8256 Address: Griffin House, 40 Lever Street, Manchester, M60 6ES (http://www.ceoemail.com/s.php?id=ceo...pping%20Direct) :tinysmile_twink_t2:

Thank you Kati:hail::hail: nem xx

- - - Updated - - -

Angela Spindler (http://www.nbrown.co.uk/jd_williams) emai:l angela.spindler@homeshoppingdirect.com Tel: 0161 236 8256 Address: Griffin House, 40 Lever Street, Manchester, M60 6ES (http://www.ceoemail.com/s.php?id=ceo...pping%20Direct) :tinysmile_twink_t2:

Thank you Kati:hail::hail: nem xx TWICE FOR GOOD LUCK!!

[sharron22]

Re: wrongly accused vs cabot

WOW thank you Kati, you're awesome and you also nem xx

[sharron22]

Re: wrongly accused vs cabot

COURT CASE OVER SETASIDE and of course Cabot didn't turn up!,I was a bag of nerves but the judge was lovely and set me at ease. now waiting for the ccj to be removed and to write a complaint to JD Williams CEO