Cabot Financial - advice sought please

[100mel]

Long story but I'll try and condense it. In 2007 Cabot apparently bought a credit card agreement of mine via sainsburys and promptly decided to chase me. Have been through 18 months of letters requesting CCA, Section 10 notices etc. In July 2007 they slammed default onto Experian. The information they have provided to date is a very bad copy of a card request form , a generic statement of terms and conditions and a whole batch of statements - no default notice etc. In March they put a claim in against me but then filed no proof, AQ,s etc etc so in order to move things forward we applied for summary judgement to get default info struck off. At our court appearance Cabot did appear and presented witness statement copies of these documents and copy of the deed of assignment (highly incomplete because it could not identify me as the debt purchased and any significant details had been left as blank pages) The judge has put the case back into small claims track with AQ etc. My question is really what should be next moves. My solicitor is of the view that the Rankine case could see the judge taking a view that there is an agreement in place - my main aim is the removal of the default because it is this which is causing the damage . Any advice gratefully received. In time terms this default still has 12 months to run

[Curlyben]

Re: Cabot - advice sought please

If your solicitor is worried by the Rankine judgement then, IMHO, you need to fire them and get a competent one.
Rankine has be trounced by higher precedent in the Wilson HoL cases.

If, as I suspect, you have a typical non-compliant application, then this is a simple s127(3) matte,r assuming it's pre April 2007..

[LuggerBugs]

Re: Cabot - advice sought please

With only 12 months left to run, I'd be hard pushed to see that the risk outweights the benefits of having the default removed.

UNLESS you can prove that the unlawful placing of the default has been seriously prejudicial to you, and ask for damages accordingly. But you'd have to prove the figures, otherwise ask for damages at the court's discretion.

[100mel]

Re: Cabot - advice sought please

it has seriously screwed up my ability for business borrowing which was already difficult enough in the current climate - unfortunately noone believes the statement that the default is unproven in any form

[LuggerBugs]

Re: Cabot - advice sought please

They would argue that the default is correct, it's just that they cannot enforce the debt.

I am however of the view that as there WAS no agreement, you could argue that as long as the principal was repaid, then the debt is clear, since there was never an agreement for interest and other nonsense in the first place. Therefore the default is erroneous.

That's how I am arguing mine at the moment anyway.

[100mel]

Re: Cabot Financial - advice sought please

Stupid question but how have you calculated the principal amount

M

[LuggerBugs]

Re: Cabot Financial - advice sought please

Principal being the amount borrowed without the addition of interest or silly charges, you just need to consult your statements.

[100mel]

Re: Cabot Financial - advice sought please

I've just done a SAR to the original lender and they have produced the following information again

1. copy of card application form - not terribly legible but I would be hard pushed to deny that my signature is on it

2. copy of an agreement which looks as if it has come off word processor - it has my name on it but no signatures of any kind

There is no sign of any letter which appeared from Cabot on a Sainsburys letterhead apparently written to me (never received by me)

There is no copy of any default notice and just state that it was defaulted anmd terminated in sept 2004 but no documentation to support that

My question is how does the above information actually stack up in court as to enforceability or not

My AQ back to court has called for full Deed of Assignment and Default Notice

Thanks

Mel

[LuggerBugs]

Re: Cabot Financial - advice sought please

Well, the default notice will need to have come via the OC. Morgans will, and have in the past, simply deny any knowledge of, since it did not originate from them.

Surprised that the NOA wasn't sent. Well OK, a "representation of the letter that they MIGHT have sent", if I want to be a little pedantic.

DOA will be interesting.

[100mel]

Re: Cabot Financial - advice sought please

Just wondered how enforceable the other paperwork is as an agreement?

Mel

The only "assignment letter" came from Cabot a s a photocopy on a Sainsburys letterhead when they submitted documents to court - it has never actually appeared from Sainsburys or was ever received by me and didn't appear in SAR to Cabot either

[LuggerBugs]

Re: Cabot Financial - advice sought please

I'd certainly say that no NOA will not necessarily be that much of a deal. It's their word against yours, and always a gamble.

No idea what it means them having an actual "agreement" rather than just an application form. Need to have a squint first. Although if they intend to turn up in court with a representation of what MIGHT have been signed, they are onto a loser. Needs a copy of the ACTUAL agreement for them to stand a chance. And it doesn't sound as if they have that. Yet.

[100mel]

Re: Cabot Financial - update

Cabot put in a claim against me like so many others. At our last court appearance the DJ asked them to produce the full D of A. However, this was not reflected in directions and we have since written to them to request this information and a true copy of the default notice which has never appeared in anything. Cabot have paid their £300 into court but this morning a letter arrives from court inviting us to mediation and says that claimant has said they are willing and wish to do this! I certainly did not tick that box so trying to work out what is going on here or whether it is simply a case of the court screwing up in the paperwork it is sending out

Really not sure where we go from here

Any thoughts of anyone else appreciated !

The paperwork they have presented to date amounts to an illegible CARD REQUEST FORM and a generic set of terms and conditions with no signatures and my name inserted. The D of A they produced was a series of blank sheets of paper so judge requested full document

We are due back in court mid November. They have paid their £300 fee

[Amethyst]

Re: Cabot Financial - advice sought please

sounds like stalling to me...and trying to look good to the court, which of course doesnt work as they don't actually want to mediate just hope you get bored hanging about so long you give up.

Bit odd of the judge to ask them for the full DoA but not include it in his directions. what other directions did he give ?

[Sapphire]

Re: Cabot Financial - advice sought please

Sounds to me like the judge is clued up Ame, and is going to make sure ALL the paperwork is in place. Fingers crossed !

[100mel]

Re: Cabot Financial - advice sought please

Just as an update - issued a part 18 request to Cabot for the deed of assignment (DJ had already asked them to supply this at our last court appearance) and true copy of the default notice. Their bundle of paper in response to this arrived today and is merely a rehash of everything they submitted before - new witness statement but essentially they have sent

1. witness statement
2. copy of card request form - illegible
3. copy of generic terms and conditions with my name inserted and no signatures
4. copy statements

We are set for court on Nov 13th - Friday 13th to be precise. Can the legal beagles out there advise on next course of action

As I see it they have yet to produce any evidence which demonstrates their entitlement to bring a claim at all

Having spoken to court they agreed that it was not a case for mediation as it concerned points of law