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Could be a claim soon from Cabot

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  • #16
    If that is Marlin Europe II Limited then they are Unlicensed ("Entering into a regulated credit agreement as lender; and exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement") since 24/04/2015

    In my case I followed the advice given here and sent a SWID at this "PL2" point which crossed in the post with their next letter which said ".. consequences of your not contacting us.. What Legal Action could mean? if you don't contact within next 14 days we will proceed as highlighted above.." But what are their words? POTENTIAL LEGAL ACTION! WE COULD! OUR TYPICAL APPROACH WOULD BE TO INSTRUCT A SOLICTOR ."

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    • #17
      Originally posted by CAPS ESC View Post
      Thanks Roger
      It is owned by marlin europe II.
      I don't think they would have any trouble getting my cca so that doesn't give too much comfort.
      Do we have any indications on c a bots next move. Are they likely to send an LBA next at which point we still have time to send them something?
      From the UE Diary
      "..
      Dec'2013 account sold to Merlin please contact within 5 days.
      CCA request sent to marlin
      Dec'2013 Marlin acknowedge and say will forward (they NEVER HAVE from what i can tell)
      .."

      Originally posted by cymruambyth View Post
      You only need to send one CCA. If they fail to supply one, keep quiet. If itís UE you can send a template letter explaining why. If itís enforceable you have to play a game to survive and achieve a result that you want on your terms.
      See Cymruambyth wise words above.
      The point is they Marlin/Cabot are in default of that CCA request and you have the proof of receipt!!

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      • #18
        Thanks Roger

        My version says If you don't contact us within 14 days we will proceed as highlighted above. The vague bit is that nothing is really highlighted above.
        It would be both interesting and informative to see what comes next, but we all know that they are quite likely to issue a claim if they think that they don't have any resistance.
        I feel like i am playing poker with them. ps I am rubbish at gambling.

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        • #19
          You must be close to the BAR

          My thinking is that the SWID should be on Marlin because of the chain of Credit Ownership! Avoiding Halifax (E as per Niddy's original opinion) . But if we could delay this it might get you closer to the BAR.
          You could send for a SAR on Marlin Europe II (to the then OWNER) cost £10 curtesy of Cabot of course.

          The Halifax SAR I think is really important here and you need this for forward planning.
          Last edited by Roger; 28th February 2018, 12:26. Reason: update

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          • #20
            Sounds like a plan, I send a SAR to cabot including Marlin as the data keeper. This should serve as the 'contact us' that cabot are requesting.

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            • #21
              Originally posted by CAPS ESC View Post
              Sounds like a plan, I send a SAR to cabot including Marlin as the data keeper. This should serve as the 'contact us' that cabot are requesting.
              I was just about to send the SAR to cabot and remembered that they also now own my MINT cc. so the question is Should i make this SAR account specific or even just aim it at Marlin through cabot or leave as is (all and sundry )? Does it not matter which ever way?

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              • #22
                Originally posted by CAPS ESC View Post

                I was just about to send the SAR to cabot and remembered that they also now own my MINT cc. so the question is Should i make this SAR account specific or even just aim it at Marlin through cabot or leave as is (all and sundry )? Does it not matter which ever way?
                I think there are a couple of things you need to get clarified. The usual thing is to SAR direct to the firm whose records on you you want to get. Third parties are not included. Get another opinion on this. EDIT: Is it the ORIGINAL creditor whose records you want - ie the one you took out the agreement with? Marlin were, I assume, a debt purchaser at a later date. Same goes for the MINT account, ie it was sold on..

                a SAR asks for all information a body holds regarding you, so if someone has more than one account of yours they are obliged to include all. There is no need for you to specify accounts. You will know when they send the info whether they have included all acccounts.
                Last edited by Still Waving; 1st March 2018, 16:43.

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                • #23
                  Further to my post above (I don't want to keep editing the same post) - I see that you have already sent a SAR to Halifax in respect of one of the accounts, so I'm not clear what you are trying to achieve by sending a SAR to anyone else for this account. Did you re-send the SAR to Halifax btw?

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                  • #24
                    Originally posted by Still Waving View Post
                    I'm not clear what you are trying to achieve by sending a SAR to anyone else for this account. Did you re-send the SAR to Halifax btw?
                    Simply tactical. I need to contact cabot before 7th March to avoid them potentially taking legal action. I do not want to put my cards on the table just yet with anything specific so a SAR would be a form of contact that would hopefully show that I would respond to an LBA and not keep schtum, so no possibility of a CCJ by default

                    BTW i have just sent a no sig. required for SAR letter to Halifax

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                    • #25
                      no signature then they will no doubt send it back for signature as it is a regulated request,, by the way they have 40 days to respond and many leave to the very last minute, so do not rely on that although when got could give good info.
                      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.

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                      • #26
                        Originally posted by CAPS ESC View Post
                        Received PL2 from Ca bot today giving me 14 days to contact them or they 'will proceed as highlighted above'.

                        Is it now time to send SWID letter.

                        I'm quoting your Halifax post from your Diary thread on here to help put things in context as I'm not sure why you are sending a SAR to Cabot.

                        Assuming I've got the right debt your post says your last payment was in October 2012 and had been defaulted long before so it may become Statute Barred in October this year - only seven months to go.

                        This may be why it's raised its ugly head now if that's flagged up on Cabot's database. However if they're not aware then don't do anything which could make them aware.

                        You've also said you don't have a copy of the Default Notice which could be because one wasn't issued/served (or perhaps you mislaid it).

                        You need a SAR from Halifax asap so you know what really happened (not didn't happen) and when.

                        If it was assigned to Marlin then Cabot may have a problem since Marlin are unlicensed by the FCA.

                        If they intend to issue legal proceedings then under the new Pre Action Protocol (introduced 1st October 2017) they would need to send you a Letter Before Claim giving you 30 days' notice. At that point you can start to make a noise if it's appropriate.

                        Sometimes if you have enough legal arguments to work with it's best not to share the information with them because it gives them the opportunity to remedy the problem and then they issue the claim once they've sourced or reconstituted he documents they need.




                        Originally posted by CAPS ESC View Post
                        This is the largest debt out of 14 for the wife and me.
                        We were with Payplan until 2010, then Kensington DMC until October 2012, have not paid anyone since (except kensington - to make excuses for us)


                        Halifax Credit Card

                        Date commenced May 1996

                        Approx balance £15,700

                        Date last paid full amount 2007

                        was on arrangement, not paid since 2012

                        Status DEFAULT 2007 ( i don't have a copy)

                        Account owner -marlin/cabot

                        Dec'12 I sent CCA request

                        Jan'13 I received T&Cs : niddy says

                        Jan I sent 'Terms & Conditions Received' template
                        Jan I received credit card application copy (they posted this before they received T&C template)
                        CCA has been emailed to Niddy
                        Feb' I received PPI claimback application (in response to my complaint)???? I will ignore for now.
                        Feb' I sent 'Missing PT' template,
                        Feb' I received PPI claimback response( even tho i made no such claim) it says "no ppi with this card"
                        March I received from Halifax cc 'transfer notice' to moocroft.
                        March I received from Moorcroft 'contact us in 7 days or else'
                        Mar' I re-sent 'Missing PT' template to HALIFAX
                        Mar' I sent 'IN DISPUTE' template to Moorcroft
                        April I received from Moorcroft 'DISCOUNT OFFER'
                        April I received from Moorcroft 'asking halifax about the DISPUTE'
                        July I received from moorcroft ' Halifax have fully responded (and refer to a letter from Halifax in March that I NEVER received) therefore debt still owed.
                        July I received from moorcroft ' to prevent possible further debt recovery action-etc.
                        Dec'2013 account sold to Merlin please contact within 5 days.
                        CCA request sent to marlin
                        Dec'2013 Marlin acknowedge and say will forward (they NEVER HAVE from what i can tell)
                        Jan'15 statement for last 6 months.
                        Feb'15 We have changed our name letter, now C a bot Financial.
                        Oct'17 begging letter from C a bot
                        Nov'17 another.
                        Jan'18 another
                        Jan'18 last 18 months statements (3)
                        Feb'18 threat o gram. contact us within 28 days from C a bot.
                        SAR to Halifax
                        We need your Signature for SAR from BoS
                        No signature required sent to BoS
                        threat o gram. contact us within 14 days from C a bot.
                        Mar'18 We need your Signature for SAR from BoS (no mention of my last letter)

                        Di
                        Legal Disclaimer

                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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                        • #27
                          Thank you Di,

                          I think we agree that especially at this stage it is best to avoid a claim being issued. If I did not respond to them now, it looks like they would issue an LBA and with the amount involved there would be added pressure to follow it through from the 'money grabbing' solicitors. So rather than have to send a competent dispute in aweeks time, I have made contact with cabot by sending a SAR to Marlin c/o Cabot. I am hoping that this does not give away any of our aces but does serve as a message to them that they will not get an easy 'judgement by default' and therefore are not tempted to go the claim route without more thought. Roger (above) seems to have thwarted a claim by sending an SWID at this stage so hopefully it works.
                          There would be the added bonus of uncovering any hidden surprises from Marlin or at least having evidnce that they cannot easily 'ammend' in the future.

                          If the above approach fails, nothing will be lost. My action was on a timer though and waiting for more suggestions was not really an option. If and when this gets to the next stage I will definitely seek your advice before I do anything.

                          Thanks for being there.

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                          • #28
                            Originally posted by CAPS ESC View Post
                            Thank you Di,

                            it looks like they would issue an LBA and with the amount involved there would be added pressure to follow it through from the 'money grabbing' solicitors. So rather than have to send a competent dispute in aweeks time, I have made contact with cabot by sending a SAR to Marlin c/o Cabot. I am hoping that this does not give away any of our aces but does serve as a message to them that they will not get an easy 'judgement by default' and therefore are not tempted to go the claim route

                            What's been happening with this Marlin debt?

                            Your last post said you sent a Subject Access Request to Cabot, but I also think the debt was possibly due to go Statute Barred a couple of months ago.

                            Fingers crossed ​​​​​​​

                            Di
                            Legal Disclaimer

                            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #29
                              Hi Di and All

                              The SAR showed that they never contacted me regarding a CCA request that still remains unfulfilled. At some point they realised their error and one of the last entries in my SAR was an internal note ' to look into it'. Little more was heard from them, just some of the usual discount offers. It should be well statute barred now but I am keeping it to myself for now.

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