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  • cabot and recon agreements

    Let battle begin!!

    Just back from court,for allocation hearing and directions. for a very old peoples bank credit card -no original cca only recon provided
    Before going in young guy solicitor or trainee before bar trys it on with me( A bit of a smarmy get if he is reading lol) to tell me that carey is applicable and they dont have to provide the original documents, this was a bulk centre claim and he also told me that PD 16.7. does not apply because of this!!quoting some other rule about it going through the bulk centre
    He also trys to do a deal with me to capitulate and make an arrangement with him as my case is fatally flawed whilst at the same time admitting that the agreement is unenforcable which means in his opinion on mcguffick that they can get a CCJ but not enforce it.I told him I didnt want to talk but would listen and agreed to let the judge make her mind up.

    The lady judge was very pleasant although it seemed to me that she didnt know consumer law that well and the claimant kept prompting that the recon is acceptable.I had recently spotted that the default notice I had recieved was issued whilst the account was in dispute this is acknowledged by a letter that they had not provided my agreement and were still looking for it and dated 6 months after the default notice (dated6th march but only allowing til22 march to pay arrears)
    As the judge was taking more notice of the claimant than me she accepted his argument that a recon needs to be provided and a copy of the default notice despite my best efforts to point her to PD 16.7
    I tried to tell her that this was not a section 78 issue but she was still using that as the basis hence the order to disclose only the recon

    They now have been ordered to disclose a recon of the agreement and the default notice and that a case management hearing is to follow
    The other side asked for a particular judge from the court to reside over the hearing, I thought that was unfair as it is probably pushing things their way but didnt argue the point
    As we were leaving the court room the judge asked the other side to hang back and had a 10-15 minute chat in private,I felt this was abit unusual and challenged young upstart on his way out but he simply implied it was a private conversation and nothing to do with the case

    Where do I go from here??

    onlyme

  • #2
    Re: cabot and recon agreements

    if it was me i would complain about the judge and this rather odd behaviour

    Comment


    • #3
      Re: cabot and recon agreements

      all seems a trifle peculier, can you hang on and hopefully one of our clued up legal eagles will be along.

      have you CCAed them?
      date of original card?
      timeline of what's been happening to it?
      Did you take proper legal advice before you went to court?

      Comment


      • #4
        Re: cabot and recon agreements

        Originally posted by evenlessdopey View Post
        all seems a trifle peculier, can you hang on and hopefully one of our clued up legal eagles will be along.

        have you CCAed them? yes recon of original recd and copy of current terms recon
        date of original card? pre 1999
        timeline of what's been happening to it? Passed to cabot october 2010 bulk centre claim recd from northampton june 2011
        Did you take proper legal advice before you went to court?no I had a cmc draft a defence but it was very poor and I have basically used other forums for help and advice[/COLOR]
        No rush on replies I only went to court today and dont need to request documents till November

        onlyme
        Last edited by ohitsonlyme; 20 October 2011, 19:42. Reason: typos

        Comment


        • #5
          Re: cabot and recon agreements

          Not sure if you can stretch to it but I would seriously consider getting legal representation if you can. There is a very good firm recommended by this forum but not allowed to mention them by name. I'm sure one of the mods can put you in touch though if you need them to.

          Best

          SnV
          "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

          The consumer is that sleeping giant.!!



          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #6
            Re: cabot and recon agreements

            Carey v HSBC makes it clear that there needs to be some kind of assertion as to what was signed, in the absence of this, the recon may, and i stress may suffice.

            The key is you will need to plead the matters surrounding the entry into credit and if there is no pleadings then you may be at risk

            Comment


            • #7
              Re: cabot and recon agreements

              Originally posted by Paul. View Post
              Carey v HSBC makes it clear that there needs to be some kind of assertion as to what was signed, in the absence of this, the recon may, and i stress may suffice.

              The key is you will need to plead the matters surrounding the entry into credit and if there is no pleadings then you may be at risk
              How can I ask for this assertion when the judge has only ordered disclosure of a recon agreement.

              is my default notice a valid defence?

              and what about the judges behaviour with their solicitor and recommendation of a particular judge that the solicitor knows very well.

              Comment


              • #8
                Re: cabot and recon agreements

                Originally posted by ohitsonlyme View Post
                How can I ask for this assertion when the judge has only ordered disclosure of a recon agreement.

                is my default notice a valid defence?

                and what about the judges behaviour with their solicitor and recommendation of a particular judge that the solicitor knows very well.
                well you dont ask for the assertion, only you can make such a statement, ie did you sign an agreement with the peoples bank? if not then you say i didnt sign an agreement and therefore it is for the Claimant to prove you did

                Comment


                • #9
                  Re: cabot and recon agreements

                  Just to clarify, Paul (the guy replying to you) works with our preferred solicitor firm who are shit hot and damn good at consumer credit cases. PM Paul if you're looking for help; he's the best we can offer and bloody good so trust me; pm him and consider using them to help fend off any action.

                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: cabot and recon agreements

                    I decided to use PTs preferred solicitors as I am now so busy in my own work
                    Result Cabot have withdrawn their claim and paid costs and I have had little or no stress - sometimes its better to let someone help rather than going it alone.
                    Ok I didnt have my day in court risking it and my stress levels were zero!!

                    thanks PT

                    onlyme

                    Comment


                    • #11
                      Re: cabot and recon agreements

                      Good result

                      Gwyn did fill me in on the result on Friday

                      Comment


                      • #12
                        Re: cabot and recon agreements

                        Originally posted by ohitsonlyme View Post
                        I decided to use PTs preferred solicitors as I am now so busy in my own work
                        Result Cabot have withdrawn their claim and paid costs and I have had little or no stress - sometimes its better to let someone help rather than going it alone.
                        Ok I didnt have my day in court risking it and my stress levels were zero!!
                        Does that mean Cabot ran away like scared mice once they saw who was representing you?
                        Last edited by Riz; 13 November 2011, 14:31.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #13
                          Re: cabot and recon agreements

                          You may think that, but I couldn't possibly comment

                          Comment


                          • #14
                            Re: cabot and recon agreements

                            Originally posted by Paul. View Post
                            You may think that, but I couldn't possibly comment
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #15
                              Re: cabot and recon agreements

                              Originally posted by rizzle View Post
                              Does that mean Cabot ran away like scared mice once they saw who was representing you?
                              My defence was, in my opinion strong and the extra support of PT and Gwyn meant that Cabot simply gave up and agreed costs to boot o I dont think they had anything that would have stood upto real scrutiny,
                              Dont know where they will go from here with it possibly sending it back to citi

                              onlyme

                              Comment

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