Fraudulent misrepresentation and Prenuptial agreement

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

I am just adding this because I don't know if it is relevant. Its hard to explain in a way that I don't bother with anything sent to the house because its nothing to do with me. But when this happened and my ex got involved through the land registry she is a bit of a hoarder in that she doesn't really throw anything away. So she has maybe a thousand letters addressed to me that she has just popped into a box. Like I said I found one that I opened from a number of years ago that had a tax rebate inside for over two thousand pounds which I hadn't known about. There are still a huge pile of letters not opened. See its like there was nothing left to deal with at the house. it was no longer mine it was theirs.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Ok, it's right to leave it out in that case. Despite you having informed the bank of your change of address nothing was done about it and you continued communicating with them using the old address, so there's no evidence that you ever informed them of the change of address prior to the court claim.

I would though suggest that sending a subject access request to Lloyds Bank for all information held about or directly related to you. This should included screen notes made by staff when you have called or visited the branch and may include a note about that change of address request. It does cost £10 unfortunately which can be paid by cheque or postal order.

Data Controller: Lloyds Banking Group PLC

The Mound
Edinburgh
EH1 1YZ

The letter you wrote for me to send I want to also ask for copies of all the digital held data files. I also want to request the same from cabot. I want to be able to compare and authenticate their origins.
A quick update. Nothing at the moment. Still waiting to hear back about my status barred and just waiting for the court date. (March) Cant you add the bits to the letter for me if that is ok.
Just reflecting on the abuse of process, taking all the points I made the one glaring thing I did mis is this question. Why would a Solicitor from the same area as the defendant and the house they are trying to steal. Why would they apply to a court that geographically further away than almost any other court in the country? (300miles) When there is a court offering all the same services a lot closer

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Update today. I have just talked to the court and my n244 to set aside has been served and the date set towards the end of this month. So I will be here looking again now I am no longer in limbo

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Right good, so are you back on track ?

You've applied to set aside the original judgment.

Your hearing date is at the end of the month.

You applied to set aside on the basis you didn't receive the court papers originally despite the creditor having your change of address.

If the case is set aside you can either defend the claim or settle.

Have you had confirmation from the court that the final charge hearing is on hold pending the outcome of the set aside application ?

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Right good, so are you back on track ?

You've applied to set aside the original judgment.

Your hearing date is at the end of the month.

You applied to set aside on the basis you didn't receive the court papers originally despite the creditor having your change of address.

If the case is set aside you can either defend the claim or settle.

Have you had confirmation from the court that the final charge hearing is on hold pending the outcome of the set aside application ?

I am defending the claim on status barred. I defaulted and told the bank I was going to do so in 2009. they wrote back and agreed to stop all payments. I also asked for copies of the agreement telling them I wouldn't pay until they sent them. They never sent a copy and as far as I know that was a default not only by me but by them also as in the terms and conditions of the agreement they stated that they would send copies is asked.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Right good, so are you back on track ?

You've applied to set aside the original judgment.

Your hearing date is at the end of the month.

You applied to set aside on the basis you didn't receive the court papers originally despite the creditor having your change of address.

If the case is set aside you can either defend the claim or settle.

Have you had confirmation from the court that the final charge hearing is on hold pending the outcome of the set aside application ?

What I really want to do also is to request all the documents that they hold on this case. They have refused all attempts up to now. But now that I have applied to set aside am I entitled to asked for all the documents, ccj, Witness statements with names and proof that they even have a legal right to pursue this claim. I know before I was wrong as you pointed out sending a request for a 3.14 but how can I now get anything out of them? Can I object to any documents they produce if I haven't received copies? The thing is I really want to know what they have because I honestly do not believe the original document exists. So if it is a a rebuilt type then it is better for me I think. I really want to have all options I can when I get to court.
Thank you again for all your time and help in this

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Did you send a subject access request as I suggested previously ?

Just for ref it is STATUTE barred not status barred. It is time barred from collection by statute ( that statute being the Limitation Act 1980 ).

Also remind me if this was a loan/credit card or overdraft pls.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Did you send a subject access request as I suggested previously ?

Just for ref it is STATUTE barred not status barred. It is time barred from collection by statute ( that statute being the Limitation Act 1980 ).

Also remind me if this was a loan/credit card or overdraft pls.

It was a credit card. about 2005 issued I have a copy of the agreement form and the terms and conditions. the form is not the one I signed but exactly the same. Up to now I still do not have one word telling me what this is about from Restons. one the letter they served it has Cabot credit card. but no information on the actual attachment form (n379 charging order) Now that I have applied for this can I now request documents from them? I haven't yet sent that but I will do it now. Sorry. But the one you suggested was only to the bank. Do I send one to Cabot also? But can I force them to produce evidence that they have a right to pursue this and the original agreement at the set aside hearing? As to Statute Barred. (Blushes) My legal terminology leaves a lot to be desired. Open law even said how frustrating I can be. His help like yours though was always insightful, helpful and without doubt wanted.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

SAR to the bank to get the information about the account and (hopefully) showing they were aware of your change of address. Might be a bit late to get evidence that will help with the set aside hearing but worth doing anyway see if any other issues flag up.

On this

I have a copy of the agreement form and the terms and conditions. the form is not the one I signed but exactly the same.

IS that from your own records or have you received it from Cabot ?

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

SAR to the bank to get the information about the account and (hopefully) showing they were aware of your change of address. Might be a bit late to get evidence that will help with the set aside hearing but worth doing anyway see if any other issues flag up.

On this


IS that from your own records or have you received it from Cabot ?

The copy is my own. I never asked for a credit card but they sent me the form. Then they asked me to call in and pushed an already filled in form for me to sign. both were the same. so mine is a blank copy plus the a book of the terms and also a leaflet with the interest rates on it

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

It was a credit card. about 2005 issued I have a copy of the agreement form and the terms and conditions. the form is not the one I signed but exactly the same. Up to now I still do not have one word telling me what this is about from Restons. one the letter they served it has Cabot credit card. but no information on the actual attachment form (n379 charging order) Now that I have applied for this can I now request documents from them? I haven't yet sent that but I will do it now. Sorry. But the one you suggested was only to the bank. Do I send one to Cabot also? But can I force them to produce evidence that they have a right to pursue this and the original agreement at the set aside hearing? As to Statute Barred. (Blushes) My legal terminology leaves a lot to be desired. Open law even said how frustrating I can be. His help like yours though was always insightful, helpful and without doubt wanted.

Hello again, James

Hope you're doing well. When we say statute barred or statutory barred, it means that the creditor cannot take you to court for the money you originally owed after a certain amount of time (limitation period). The reason for this is that the law sets certain periods of time (limitation period) when claims must be made. If claims are made after limitation period in courts of law they are said to be statute (ie by a Parliament Act) barred (not permitted). The Parliament Act is called the Limitation Act 1980 or also known as 'statute of Limitation.' No, you're not frustrating James it's us who talk like legal computers uttering jargon. It's frustrating trying to explain legal jargon - the problem is ours - not yours!

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Hello again, James

Hope you're doing well. When we say statute barred or statutory barred, it means that the creditor cannot take you to court for the money you originally owed after a certain amount of time (limitation period). The reason for this is that the law sets certain periods of time (limitation period) when claims must be made. If claims are made after limitation period in courts of law they are said to be statute (ie by a Parliament Act) barred (not permitted). The Parliament Act is called the Limitation Act 1980 or also known as 'statute of Limitation.' No, you're not frustrating James it's us who talk like legal computers uttering jargon. It's frustrating trying to explain legal jargon - the problem is ours - not yours!

Thank you for your reply and explanation. Yes I am doing very well and I am very excited about my impending day in court. I also intend to bring up the abuse of process not as a defence but respectfully for the attention of the court. Just for a point. Cabot employ a local solicitor but he chooses a court three hundred miles away when there is an identical court within spitting distance. That and the delay in communication which denied me my right of a legal objection rather than a emotional one to the temporary attachment order. I believe resulted in my defence being compromised. Did you know there are seven countries nearer to where I live than the court in kings lynn

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

SAR to the bank to get the information about the account and (hopefully) showing they were aware of your change of address. Might be a bit late to get evidence that will help with the set aside hearing but worth doing anyway see if any other issues flag up.

On this


IS that from your own records or have you received it from Cabot ?

I have just looked this up at
https://register.fca.org.uk/shpo_sea...e?search=cabot
IS this Relevant. Do they have a legal right to pursue claims for dept?

http

Cabot Square Capital LLP	CSC Capital LLP	Firm	439439	Authorised
Cabot Financial (Europe) Limited	CFE, Cabot, Cabot Financial, CFEL, Morgan Solicitors, Morgans, Morgan, Cabot Credit Management, Ccm	Consumer Credit Interim	441205	IP issued
Cabot Financial (UK) Limited		Consumer Credit Interim	472690	Lapsed
Cabot Financial (Marlin) Limited	Marlin,Marlin Financial,Bramber Debt Recovery,Marlin Credit Management,MFS,BDR,Marlin Financial Services,Bramber;Cabot Financial;Cabot	Consumer Credit Interim	537243	IP issued
Cabot Trustees Limited		Firm	463010	Authorised
Cabot Ltd	Northwood Northampton	Firm	428483	No longer registered as an Appointed Representative
JOHN F S CABOT		Exempt professional firm	LS 307944
Cabot Asset Finance Limited		Firm	726844	Authorised
Cabot Square Capital Ltd	Cabot Square Capital Management Limited,S J Berwin	Firm	191254	No longer authorised
Cabot Financial Management		Firm	191425	No longer registered as an Appointed Representative
Cabot Financial Portfolios Limited		Consumer Credit Interim	661584	Cancelled
Cabot Square Capital Advisors Ltd	Cabot Square Capital Ltd	Firm	185985	No longer authorised
Cabot Asset Finance Limited		Consumer Credit Interim	539743	Previously IP registered
Cabot Mart Limited	Cabot Mart Limited	Payment services firm	573262	See full details
Cabot Walk Financial Advisors Ltd		Firm	401175	No longer registered as an Appointed Representative
Credit Suisse One Cabot Square Number 1 (UK) Limited	Assetfinance March (P) Limited,Credit Suisse One Cabot Square Number 1 (UK) Limited	Firm	484483	See full details
Caboto Sim SpA	Caboto IntesaBci Sim SpA	Firm	212834	No longer authorised
Caboto Securities Limited		Firm	185129	No longer authorised
Graeme Charles Cabot		Individual	GCC01064	Active
George Cabot Lodge		Individual	GCL01019	Inactive

s:/

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

SAR to the bank to get the information about the account and (hopefully) showing they were aware of your change of address. Might be a bit late to get evidence that will help with the set aside hearing but worth doing anyway see if any other issues flag up.

On this


IS that from your own records or have you received it from Cabot ?

I did the letter to the bank and I am posting it this morning. I am also sending another request for information from Cabot. I want to ask a question on law. I cant find to much information on this and to be honest I am at a loss. Resdons send out a standard letter and have for many years where they say you haven't signed your request for information. The fact that this letter has been used and in the past pointed out by other people to be incorrect. I even copied one of your replies that you wrote a few years back. but in their letter they use good guy by saying how they have to be careful so it is like they are doing you a favour but then they move to telling you off and saying they will not even acknowledge any communication without a signature. The y know this is wrong and if it was the first time this letter was used then you could say that it was a mistake. But by using a template letter to misdirect and also delay giving people a correct reply to their request. Does this not contravene The rights of a person to be able to defend themselves. Even human rights? But also does it not break the rules by deliberately Delaying by misdirection on abuse of progress? But lastly, Are they allowed to deliberately lie in a letter knowingly? I say knowingly because this is a standard letter not a one off?

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

I'm not in the 'don't sign letters to the claimant' camp I'm afraid. A lot of myths about claimants photoshopping signatures onto documents - it just doesn't happen. They do have to comply with Data Protection - so must satisfy themselves as to your identity - you have changed address since holding the account and are writing from an address that is the the address on which they have applied for the charge.

The FCA register is complex but it does appear they are correctly authorised through parent companies/agents. Bit of a contentious subject and it could be brought up in a defence but should form any kind of main defence point.