Cabot Financial - advice sought please

[LuggerBugs]

Re: Cabot Financial - advice sought please

As Curly says, you really are wasting valuable energy pursuing the default notice issue.

S127(3) is ALL you need in defence. Unless a judge has the integrity of a cockroach, and no nookie the night before, he will not enforce a debt in your circumstances.

PLEASE download Curly's link, and READ the bloody thing. Also Google for Wilson V and READ AND UNDERSTAND.

NOBODY is going to be holding your hand in court, so you NEED to know WHY you are telling Cabot to feck off. NOW!!!

Sorry to shout, but you seem to be pinning your hopes on inconsequential issues when there is a far easier route to success.

[Curlyben]

Re: Cabot Financial - advice sought please

You have a double pronged attack here.

The agreement under CCA fails due to lacking prescribed terms as defined in SI 1982/1553 Consumer Credit (Agreements) Regulations Schedule 6, so a solid s127(3).
Also the actual assignment fails under Law of Property s136 (1) and s196, so they cannot be taking this action anyway as they are NOT the "owners" of the debt.

So get you bottom in gear.

Originally you mentioned that you had a solicitor on this case, if they don't know what I'm talking about then SACK THEM NOW !!!

[Curlyben]

Re: Cabot Financial - advice sought please

So, Mel, what happened today then ??

[100mel]

Re: Cabot Financial - advice sought please

Advised by my solicitor I had to take a pragmatic view of legal costs of continuing to pursue this versus coming to a settlement and decided on the latter option albeit somewhat reluctantly. They had two lawyers and the DJ who clearly was not sympathetic to me and congratulated Cabot on how well their trial bundle was prepared etc. I found the whole day unbelievably stressful

Can't claim to be happy about it and I believe I had a strong case but without a real expert in consumer credit law and legal procedure it was going to be an uphill struggle

The law may be one thing as quoted on the boards - actually arguing it in court or finding a really competent CCA expert to do it for you is the difficult bit - hence the appearance of so many Claims Management Companies in this area

[LuggerBugs]

Re: Cabot Financial - advice sought please

What???

For "expert in consumer law", get a copy of CCA 1974. It's a surprisingly easy read. Well, it must be, if I can manage to get my head around it since I'm not the sharpest tool in the box.

As for "expert in legal procedure", you'll forgive me if I come across as all confused: Isn't that what your solicitor gets paid for???

I had high hopes here, but now I see you've just been wasting everybody's time. Your own included.

Unless of course, the next item on your agenda is to tell all and sundry that you've found a wonderful CMC who has waved a magic wand and made it all better. In which case, I'll go straight from "Sceptical" to outright "Annoyed And Wanting To Hit Somebody."

CMCs are, IMVHO of course, merely one step up from Beelzebub's children. But with less morals.

[100mel]

Re: Cabot Financial - advice sought please

Your comment about wasting everyone's time is uncalled for and unreasonable. I am sure you are great on consumer law and will no doubt enjoy the court experience with Cabot - others are not so confident particularly when in a court room with two lawyers facing you and a DJ clearly not sympathetic to my case. Regarding solicitors - many are not expert on consumer credit law either and have got on the claims management bandwagon allowing even more victories for these creditors

Yes my claim was perfectly valid and pretty strong - the theory is one thing - the reality of a court room is another as many on various forums have found out

[Brian]

Re: Cabot Financial - advice sought please

Mel

I've read the whole thread. Did the case go ahead on the day?

I think everyones hanging on a few words from you on this as to where it all is now.

Bri

[100mel]

Re: Cabot Financial - advice sought please

No case did not go ahead as a "deal" was thrashed out with Cabot at the court on the day. I'm not happy about it but as a result of other stresses in my life and legal costs I had to take a pragmatic view on the whole thing and strike a deal - Cabot came very well armed to court is all I would say

Law as it is may be one thing - arguing those points as litigant in person is another and it strikes me that Cabot are more than prepared to fight their corner at the moment