Resolve call / cabot

[Warwick65]

Thank you so much for spending the time to respond. I will look at this when the wobbles come. I too did not intend to get into this situation and feel guilty that I am going against my principles. Having been in DMP for several years plus all the years I’ve paid back interest and some, I feel they have had their pound of flesh, however I still have inner conflict about all of this. Thanks again

I do understand the feeling that you borrowed the money and should pay it back but as I said, I am sure you did not go out with the intention of borrowing and not paying back. I understand there are a few who do that and that is fraud but the vast majority of debtors are not in that category - we think we can handle it then something happens and we can't. I started relying on credit after my marriage breakdown and a few years in realised it was unsustainable and went into a DMP. Even when I became unemployed I still carried on paying a token £1 a month which would never have been paid off. Then via another website I found this one and started the UE journey. As it happens, and I didn't know then, as I sent the CCA requests out I had received a letter before action for one of the debts (it was a tiny one- only £500) but the CCA request stopped them in their tracks.

I suffered sleepless nights, waking up in a cold sweat, panic attacks, you name it. Now I am a different person and all my debts (bar one) are statute barred.

My two RBS debts took years to be sold on as did another, I still have one with the original creditor. I try not to think too much about what the debt purchasers paid for it when they bought it, to be honest it is irrelevant - I do still owe the money but if they can not prove it then I have few qualms in not paying- profit goes to shareholders (generally) who in my opinion probably have enough money anyway.

BUT to be frank, these companies should not have lent me the money, I was clearly over committed

What did make me stronger in a funny kind of way was the aggressive approach of some of the debt collectors and I got adept at sending letters out as I think I said before. I have a filing cabinet full of letters and also a google drive account full of scans and copies of everything sent and received. When I first stopped working it really gave me a purpose collating all the info.

As I said, 7 years on, I received 1 claim which Joanna Connolly batted away for me and the two RBS debts, well after they sent me a couple of letters and started to call I spoke to one guy and told him there were outstanding CCA requests and he came back closing both accounts (over £3K). I knew these were statute barred at that point so even if my conversation had prompted them to get the agreement they were onto a lost cause

It really is true 'knowledge is power' and I am aware, I think of all the major flaws in every account I have e.g no CCA, bad DN, Statute barred, poor chain of assignment and in one case I believe a bit of 'creativity' on the debt purchasers part

I do hope that all adds to your comfort

[Bluemonday3]

Thank you again for taking the time to share. It’s good to know that there are people such as yourself who have the experience and are willing to share. It is almost a year now since I took the plunge and stopped paying. Just wished I’d found my back bone sooner! The one good thing I have learnt out of all of this is how to manage my finances so much better. My debts too were as a cause of a relationship breakdown where I had allowed myself to be manipulated into taking out in my name only!
I have certainly learnt some harsh lessons over the years and don’t want to look back now. Thanks again. All the best

[Bluemonday3]

Oops! Did this on my phone & couldn’t see the screen fully!!!

[Bluemonday3]

So today I get home from work to a card through the door from Resolve call!!! They have totally ignored the do not call letter that I sent. Any advice would be appreciated. Do I just ignore it?? Thanks in advance

[nightwatch]

So today I get home from work to a card through the door from Resolve call!!! They have totally ignored the do not call letter that I sent. Any advice would be appreciated. Do I just ignore it?? Thanks in advance

Happy New Year

yep just ignore it, just file it away with the other paperwork

NW,

[Bluemonday3]

and a Happy New Year to you too.. Thank you for responding. I am a bit concerned that they have called and wonder what their next move will be!

[Warwick65]

I once had a visit from, I think it was Scotcall. The guy was great, I told him there was a dispute and he asked me just to contact the company to say there was a dispute - I did that and heard nothing more. Debt is now SB

Not saying it will all go quiet for you but it is just another battle of wits

[Bluemonday3]

Thank you for sharing that. I will sit tight and see what happens next!

[Vialli]

Hi,
This is a great post..

I have been getting letters from Cabot Europe ltd, I have recieved two today referencing MBNA & Nationwide accounts from 2014..

The letters recieved today are to say they are sending Resolvecall to my house, should I send the letter from earlier in this post.

They are not sure if i live here or not and i'm worried they will then know for definite that I do.

I am worried about my losing my house as they are threatening bailiffs.

I have also got another letter asking them to prove it is my debt, I am not sure to send that too.

Thanks in advance for any help & replies.

[cymruambyth]

Hi,
This is a great post..

I have been getting letters from Cabot Europe ltd, I have recieved two today referencing MBNA & Nationwide accounts from 2014..

The letters recieved today are to say they are sending Resolvecall to my house, should I send the letter from earlier in this post.

They are not sure if i live here or not and i'm worried they will then know for definite that I do.

I am worried about my losing my house as they are threatening bailiffs.

I have also got another letter asking them to prove it is my debt, I am not sure to send that too.

Thanks in advance for any help & replies.

Hi Vialli, welcome to AAD. Please start your own thread so that we give you the best help for your situation and any answers do not get lost. I would post here https://all-about-debt.co.uk/forum/d...bility-diaries as you mention more than 1 account.

[Joanna Connolly Solicitors]

It is for the Mint Mastercard, and the current creditor states Cabot Financial UK Limited.

To be honest I have saved the letters that I have received from Cabot & they seem to alternate in which account they are for, but after a period of quiet they have escalated call / texts & letters for both accounts

Since you made this post there has been a court ruling that debt purchasers cannot lawfully issue legal proceedings if they lack FCA authorisation. Cabot Financial (UK) Ltd are not FCA authorised.

Jo explains this important legal issue here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di

[Bluemonday3]

Thanks for sharing this Diane, I intend to properly go through my diary at the weekend to update properly.
I have noted that the most recent letters that I have received from Cabot have a more updated logo and these one state Cabot Financial(Europe) ltd. I am assuming this is the same company and this still applies?

[Timewilltell]

It’s not about how or who is chasing you for the money it’s more important to know who owns it, for it is they who have to be registered as I understand it.

[Joanna Connolly Solicitors]

Thanks for sharing this Diane,

I have noted that the most recent letters that I have received from Cabot have a more updated logo and these one state Cabot Financial(Europe) ltd.

Hello

Have you heard anything more from Cabot since they threatened you with a visit to your home by Resolvecall?

Di

[tjlcont]

I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified ********** - Find a Solicitor or go to the National Probono Centre.