cabot and recon agreements

[Paul.]

Re: cabot and recon agreements

hi Paul I know it is my case ........... but can you explain which part of the evidence caused the back off because they called off instantly that you were involved

Onlyme

id say that its likely that there were no records available to show that there "was" an agreement signed you you which complied with the 1974 Act and im guessing that they were not able to show a default notice was served on the balance of probabilities.

Thats where i think they took a business decision and decided it was a bad case to play with

Its the 4th or 5th one in the last month with a Citi Card too

[MINNACK]

Re: cabot

all the best
minnack

[ohitsonlyme]

Re: cabot and recon agreements

I think it was more the evidence that caused them to call it a day in this case. Cabot are no fools when it comes to fighting with us, we took a fair amount of costs off them last year and they know that we are good at what we do and if we win it costs them a ton

hi Paul I know it is my case ........... but can you explain which part of the evidence caused the back off because they called off instantly that you were involved

Onlyme

[Paul.]

Re: cabot and recon agreements

I think it was more the evidence that caused them to call it a day in this case. Cabot are no fools when it comes to fighting with us, we took a fair amount of costs off them last year and they know that we are good at what we do and if we win it costs them a ton

[ohitsonlyme]

Re: cabot and recon agreements

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

[Never-In-Doubt]

Re: cabot and recon agreements

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

[Paul.]

Re: cabot and recon agreements

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

[Riz]

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Result Cabot have withdrawn their claim and paid costs and I have had little or no stress - sometimes its better to let someone help rather than going it alone.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!!

Does that mean Cabot ran away like scared mice once they saw who was representing you?

[Paul.]

Re: cabot and recon agreements

Good result

Gwyn did fill me in on the result on Friday

[ohitsonlyme]

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

[Never-In-Doubt]

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.

[Paul.]

Re: cabot and recon agreements

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

[ohitsonlyme]

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

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.

[Paul.]

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

[SaltnVinegar]

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