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  • #31
    Bob, I really wouldn’t worry, first they can’t comply with your Cca request and secondly they have more issues than your account to worry about, they have licensing issues of their own, Di will know more, but I have the very same and they send a begging letter once a month if I’m lucky.
    let sleeping dogs lie.
    just keep filing there letters for future reference.
    Post on here if anything more concerning than a begging letter, which I might add can be written in various guises!!
    Last edited by Timewilltell; 14 January 2020, 19:51. Reason: Predictive text error!!

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    • #32
      Originally posted by Bobthestarfish View Post
      Correct, my SAR did reveal some details of a original credit agreement with the original lender so you're right Cabot could not find this, hopefully.

      Yes they are Cabot financial UK Ltd.

      I wouldn't be overly concerned that Cabot Financial (UK) Ltd might source the credit agreement one day because they have other problems since they are not authorised by the FCA to issue legal proceedings.

      Jo explains the significance of this legal argument here >


      Originally posted by Joanna Connolly View Post
      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

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