Re: Cabot and Restons Conspiracy to Defraud

by **daveiron** Tue Dec 12, 2017 9:15 am

Did the judge state what case law had superseded the Denning judgement?
I recall from somewhere that a DCA had claimed that on their website ,but it turned out it was on a different part of the judgement.

by barnwebb Tue Dec 12, 2017 2:08 pm

Hi daveiron,

No the judge didn't state what or which case law had superseded the Denning judgement, just that it had, and under no circumstances was I allowed to see the DoA.

A solicitor I've managed to get hold of and talk to since, said that was simply not true.

The more I think about how things went that day the more I think the judge wasn't being impartial at all and was on the side of the DCA.

by **daveiron** Tue Dec 12, 2017 4:27 pm

Hi barnweb,

Have you had a look at CPR r 31.14 & CPR r 31.3 ?

by Tiggy Tue Dec 12, 2017 6:35 pm

daveiron wrote:Hi barnweb,

Have you had a look at CPR r 31.14 & CPR r 31.3 ?

Nothing in CPR 31 is applicable to the Small Claims Track.

by barnwebb Wed Dec 13, 2017 11:56 am

Hi daveiron,

I think I'm correct in stating that CPR 31 etc is for claims over £10,000 and that CPR 18 is for amounts that are less than that, hence the small claims track.

Cheers Tiggy

by barnwebb Sun Dec 17, 2017 6:29 pm

The Cabot/Restons response to me not being in the position to pay their costs yet was to offer a Tomlin Order so I can pay everything off monthly and they won't pursue any more court action. I think you guys know what my answer will be to that one, especially as they haven't even won !

If? when? I win I will be pursuing them to get my costs back and a bit more.

by barnwebb Thu Feb 01, 2018 7:00 pm

Hi Tiggy and everyone else, an update for you all on this one.

In the "Tomlin" letter they said that their clients 'do not wish to cause any further financial hardship' but no doubt were hoping I would fill in their Tomlin Order paperwork. I ignored this letter until the other day.

Anyway, I finally managed to scrabble the money together for paying the Costs Order and sent a letter with a cheque bluntly saying to them along the lines that if their client didn't want to cause any further financial hardship then they had better prove it by withdrawing all court action and erroneous claims immediately and that I doubt they would as they're only interested in maximum profit by exploiting those already in financial hardship hence they had sent me an offer of a Tomlin Order etc.

Today, much to my amazement, I recieved a letter with a Notice of Discontinuance and they have withdrawn the claim.

There are possibly two reasons for this, one reason being that they are being nice and took note of my financial position and the other reason could be that it is now February and they have to produce the Default Notice and, well, maybe they just haven't got it available.

In conclusion I'm pleased all is over with for the time being and I've decided I haven't got the will power or enough knowledge to attempt to claim back my losses so I'll put this file in the corner and concentrate on the other ones that have started against me.

Cheers Smile

by Tiggy Thu Feb 01, 2018 7:30 pm

A Notice of Discontinuance, that's a great result !!

If this was allocated to the Small Claims Track then I don't think you'd be able to claim costs anyway.

Still a good result though, well done xx

by WAHMlaw Fri Feb 02, 2018 5:47 am

Great work! Through the book at them for damages!

by barnwebb Fri Feb 02, 2018 12:49 pm

Thanks Tiggy and WAHMlaw

It would be handy if I was able to claim costs but I'll worry about that another day and as for throwing the book at them, well, when I become a billionaire (I live in hope) I'll pay someone to sort it out and give them hassle, just because I can. Smile

Ultimately it is all about not giving up, even after suffering 18 months of grief from them and on occasion feeling like throwing in the towel I decided not to let them think I was going to be a pushover and to make them fight for every inch even if I was going to lose. Very Happy

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