incorrect details on cabots witness statment

**gillwall** · 26th April 2011, 18:02:PM

Re: incorrect details on cabots witness statment

Hi every one
Can some one advice me what i should do please, heare goes
Attended a hearing on the 22nd of march with cabot, there charging order on my propert was dismissed. The district judge orderd cabot to supply statments of accounts since inception in chronological order, by the 22nd of April.
Received more documents from cabot regarding another hearing on the 2nd of June asking the judge to vary the order made by the district judge, due to the fact they are unable to supply all the statments,
They have supplied copies of one of the accounts dated Feb 05 to June 07. When reading the statments i have acctually paid cabot far mre than the suggested balace.
Also details on the witness stament are incorrect,
Dates of previous hearing and agreement amounts are incorrect
They say i have received notification in 2007 to 2008 of them owning the accounts, I havn't. The only contact i have had from cabot was march 2010 , a court letter for me to fill in. which i did. I wish at the time i had challenged them but due to my ignorance then of such issues i didn't, also it was a hard moment in time due to hubbys ill health.
There are incorrect iaccounts of amounts paid, in the region of £3000.00.
I can honestly say it is a fictisous witness statment. The same problem happend at the previous hearing.
Can some one advise please
Best wishes
gillwall

Read more at: incorrect details on cabots witness statment - Legal Beagles Consumer Forum

**Brian** · 26th April 2011, 20:27:PM

Re: incorrect details on cabots witness statment

Gillwall, you have a good bit of time to get things in order here, so relax and someone will be along shortly to pick up on this. As you know their is loads of info on Cabot on LB that you can have a quick readup on and I would advise that.

Bri

**Angry Cat** · 26th April 2011, 22:06:PM

Re: incorrect details on cabots witness statment

Originally posted by gillwall View Post

Hi every one
Can some one advice me what i should do please, heare goes
Attended a hearing on the 22nd of march with cabot, there charging order on my propert was dismissed. The district judge orderd cabot to supply statments of accounts since inception in chronological order, by the 22nd of April.
Received more documents from cabot regarding another hearing on the 2nd of June asking the judge to vary the order made by the district judge, due to the fact they are unable to supply all the statments,
They have supplied copies of one of the accounts dated Feb 05 to June 07. When reading the statments i have acctually paid cabot far mre than the suggested balace.
Also details on the witness stament are incorrect,
Dates of previous hearing and agreement amounts are incorrect
They say i have received notification in 2007 to 2008 of them owning the accounts, I havn't. The only contact i have had from cabot was march 2010 , a court letter for me to fill in. which i did. I wish at the time i had challenged them but due to my ignorance then of such issues i didn't, also it was a hard moment in time due to hubbys ill health.
There are incorrect iaccounts of amounts paid, in the region of £3000.00.
I can honestly say it is a fictisous witness statment. The same problem happend at the previous hearing.
Can some one advise please
Best wishes
gillwall

Read more at: incorrect details on cabots witness statment - Legal Beagles Consumer Forum

Please, provide a little more information to enable us to assist.

**WendyB** · 26th April 2011, 22:47:PM

Re: incorrect details on cabots witness statment

I think you will have to defend ( not sure if this is actually the right word, might be just answer with a WS, I'm not sure), basically refuting their statements.

As in:

The claimant, cabot, states in the application of xxx that xxx is outstanding. May I refer you to hearing on....before Judge ..... where he ordered that ...should be produced by (whenever it was)
To date Cabot have produced no new data, and what they have produced is inaccurate because....and so on.....

**gillwall** · 27th April 2011, 11:40:AM

Re: incorrect details on cabots witness statment

Thank you WendyB
Yes I need to get somethng documented. I subbmted a witness statement at the last hearing detailng the incorrect informatin. Do I need t send a copy to cagot, once again highlkighting their mistakes, for the secound time.
Thank you
gillkwall

**WendyB** · 27th April 2011, 12:41:PM

Re: incorrect details on cabots witness statment

To be honest I'm not really sure. Probably the best thing to do would be to ring the Court which has issued the papers for the new hearing, and ask their advice as to what you have to do.

If you need any more help just post back on here.

**gillwall** · 27th April 2011, 17:43:PM

Re: incorrect details on cabots witness statment

Hi WendyB
I contacted the court office this afternoon, they suggested i make the judge aware of the incorrect information, but i think I will do as you have suggested and document all the wrong information plus the evidence, and send to the court ten days befor the hearing, What do you think?
Thanks
gillwall

**pt2537** · 27th April 2011, 19:24:PM

Re: incorrect details on cabots witness statment

we really do need a little more info before we can start dealing with this

What happened to the charging order? was it discharged? is there a further hearing set?

We really need more of a background as your first post really doesnt tell a lot at all. WE need things like what the Debt relates to, did you defend the cabot claim originally, when was judgment granted etc

**WendyB** · 27th April 2011, 19:49:PM

Re: incorrect details on cabots witness statment

I think there's another thread which explains the original stuff in more detail.

**pt2537** · 27th April 2011, 19:52:PM

Re: incorrect details on cabots witness statment

Originally posted by WendyB View Post

I think there's another thread which explains the original stuff in more detail.

I wasnt aware, and sadly dont have time to search around but if the OP can summarise the key points we may be able to assist

**WendyB** · 27th April 2011, 19:54:PM

Re: incorrect details on cabots witness statment

There's a link to it in post 2 I think sorry I can't do links I'm on my phone

**gillwall** · 27th April 2011, 21:57:PM

Re: incorrect details on cabots witness statment

Hi everyone here is more detail regarding me vs cabot
Aril 2010 A judgement for £727.00, installments of £47.20 monthly
June cabot applied for charging order dismissed by district judge
Aug 2010 i made a payement of £3,100.00 to cabot, a ppi refund.
Nov 2010 I requested a redetermination of £28,00, asking them to consider the amounts paid above the agreed judgment. The reason being Hubby was of work (self Employed) due to an ongoing illness, and my salary was needed for priorites, mortgage etc.
Jan 2011 cabot agreed but wouild apply for acharging order
Feb 2011 Documents came from the court for charging order hearing. The information on the papers were incorect they stated i still owed £7168.00, when in fact the correct amount was £3,815.00.
I contacted Morgans who were representing cabot, they said they would amend there data ready for the hearing.
I sbmitted witness statments to the court and morgans. Cabot requested for the charing order to be dismssed, At the end the Judge asked if i had any questions, I then asked would it be possible foe me to have some clarification of the amiunt i owe. Due to the fact of cabots incorrect data held.
The judge the ordered cabot to supply statments of e assignment from inception in chronological order (there a four accounts in all) by the 22nd of April
On the 21st of April i received cour documents for a hearing on the 2nd of June, stateing that the claiment is unable to comply with the with the order made by district judgexxxx and and to vary the order made by District Judgexxxx on the 22nd of March
On reading the witness statement inaccurate information, such as Court dates are missing and incorect, they state on one judgement was made foe installments of £20.0o to be paid monthly instead of £47.20.
They state i was notified of the assignment in 2007, I wasn't, and that i was willing to pay. I feel at the time I was bullyed and informed that the debt would be turned into a secured debt, I had no previous documentation of debt from cabot.
And would you believe they have still stated i still owe £7168.00 WRONG it is actually£3600.00.
One of the acounts listed on the witness statment stated I have paid £15.00 since the Judgement in March 2010 (it was actually April 2010) the correct amount paid is £3100.00
They has attached statement for this acount fromFeb 2005 to june 2007, the is £2105.., I have already paid far more..
Sorry its so long, but i think i have included everything
Thankyou
gillwall.:tinysmile_hmm_t2:

**Angry Cat** · 28th April 2011, 09:06:AM

Re: incorrect details on cabots witness statment

Originally posted by pt2537 View Post

I wasnt aware, and sadly dont have time to search around but if the OP can summarise the key points we may be able to assist

http://www.legalbeagles.info/forums/...410#post209410

http://www.legalbeagles.info/forums/...ad.php?t=27994

**Angry Cat** · 29th April 2011, 08:32:AM

Re: incorrect details on cabots witness statment

by gillwall:
On the 21st of April i received cour documents for a hearing on the 2nd of June, stateing that the claiment is unable to comply with the with the order made by district judgexxxx and and to vary the order made by District Judgexxxx on the 22nd of March

Please, can you scan and post up copies of the court docs.

incorrect details on cabots witness statment