Cabot again

[Sato999]

Hi everyone Looking for a bit of advice please
Had a letter today from Cabot saying they have passed my account to Global debt collectors.
I last had dealings with these in 2012/13. I sent them a CCA request then but to date they have not come up with anything.
I haven't made any payments to them since April / May 2013
This was an old Co-op bank loan from 1998
Can you suggest the best Way to deal with these please

[Roger]

Hi everyone Looking for a bit of advice please
Had a letter today from Cabot saying they have passed my account to Global debt collectors.
I last had dealings with these in 2012/13. I sent them a CCA request then but to date they have not come up with anything.
I haven't made any payments to them since April / May 2013
This was an old Co-op bank loan from 1998
Can you suggest the best Way to deal with these please

Do you have a copy of that CCA request? Did it include £1? Do you have evidence that it was Posted? and or that this was Received by Cabot.
Your starting point here is the need to establish your legal position.
On the face it seems to be Statue Barred BUT have you at any point, at phone, in a letter, email admitted the Debt?

[Sato999]

Thanks Roger for your reply.
Yes I have copy of CCA request sent £1postal order, sent it Royal Mail to be signed for and have copy it was delivered
I did make a couple of payments back at the beginning of 2013 but I then found out that this was for a current account and not the original loan I had with the Co-op bank

[Roger]

Thanks Roger for your reply.
Yes I have copy of CCA request sent £1postal order, sent it Royal Mail to be signed for and have copy it was delivered
I did make a couple of payments back at the beginning of 2013 but I then found out that this was for a current account and not the original loan I had with the Co-op bank

The Debt Is UE whilst Cabot are in default of a valid S.77/78 CCA Request!
Well there could be an issue over correspondence with Cabot on any Debt!
A Diary would help here for both and any other Debts.
The benefit is collating your letters correspondence etc. The Diary also gives you the benefit of MODS help and suggestions.
You should be aware of the need to be sure of the precise (owner/ Creditor) of any debt with the Cabot Group!

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

[Sato999]

Cabot replied to my CCA request. Said they didn't have anything but would send if and when they got it. That was in April/may 2013. To date nothing has turn up

[Roger]

Cabot replied to my CCA request. Said they didn't have anything but would send if and when they got it. That was in April/may 2013. To date nothing has turn up

As I wrote before "..

The Debt Is UE whilst Cabot are in default of a valid S.77/78 CCA Request! .."
However they can in Law ask for repayment even if Statute Barred , which seems to be the Case (six years plus one month) from the last payment?

I would file this and certainly NOT enter into any correspondence with them!! Silence is always Golden in these Cases

[Sato999]

Just to clarify after looking through my papers founding took out a bank loan with the Coop in Jan 99
Got in difficulties in July 2000 and defaulted and bank transferred loan into my current account
April2001 arranged to pay reduced payments
July 2009 account closed and told to continue to sent payments to Fredrickson which I did
March2013 letter from Cabot Fiancial had purchased debit in January 2013 an continue to make payments to Fredrickson
June2013 sent CCA request to Fredrickson who returned my £1 closed file and returned to Cabot
July 2013 sent CCA request to Cabot replied no need for them to supply copy of agreement and to arrange payment
Also told them they could not default me again, this was the 3rd time on this account. 2000 then 2007 and again 2013
definitley no payment after June 2013. Just sat back and collected the mountain of demand letters
December2018 said wanted to help me out balance is £6800 will accept £1700 if paid immediately
Today letter from Cabot transferred account to Global make arrangements to pay

[nightwatch]

for now, just sit back and see what they send next,, I think they could have a problem with the loan being attached to your current acount , but will await info from legal team on that one, NW

[Joanna Connolly Solicitors]

July 2013 sent CCA request to Cabot replied no need for them to supply copy of agreement and to arrange payment

Also told them they could not default me again, this was the 3rd time on this account. 2000 then 2007 and again 2013

Did Cabot give you a reason for their stance that they didn't need to reply/comply with your s78 CCA Request? Did they say it was because the debt was for an overdraft?

Because if they did say that then they would have been wrong as Jo explains here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not approve of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

Can you also explain what you mean when you say the debt was defaulted three times?

Di

[Sato999]

Cabots letter July 13 states
we acknowledge receipt of request CCA 77/78. However there's no need for us to provide a copy of your credit agreement under the CCA for Current accounts and overdrafts as part V of CCA does not apply. To these types of accounts.
The exclusion of current accounts falling into part V of the CCA is set out in section 74(1)(b) we have returned your £1 fee
The account was defaulted in 2000 then while under a payment plan with Coop debt recovery they defaulted again got it removed in 2010 I was not aware that they were not allowed to do this as they insisted they could. Then when Cabot bought the debt in 2013 the defaulted me again but told them this was not allowed and had it removed a few months later

[Sato999]

Oh I've found my Fredrickson statements and my last payment was on the 29May13

[Warwick65]

I think you just need to sit back and see what they do next- I think night watch has already said this.

As the account was terminated and closed long ago and the last payment was in may 2013, my thought is it is statute barred.

In addition, who exactly owns the debt, which part of the cabot empire- it usually says such things on their letters such as current creditor Cabot Financial Europe Ltd (or UK ltd or whatever

I would certainly not reply at this point. If they call you do not talk on the phone and if they write again ask us what to do

[Sato999]

Original papers is Cabot financial (uk) ltd but some letters have Cabot financial Europe ltd does this matter which one it is

[Warwick65]

Original papers is Cabot financial (uk) ltd but some letters have Cabot financial Europe ltd does this matter which one it is

I think it would only matter if they were ever to tray and issue a claim which from what I am reading at the moment seems unlikely . I do not see any cabot (uk) accounts issuing claims. If they do, talk to Di and her firm quickly as Jo might be able to head them off at the pass so to speak.

[nightwatch]

just to clarify something here, you say "I had a loan with the CO-OP"
and when you had a problem they attached it to your current account,

after looking through my papers founding took out a bank loan with the Coop in Jan 99
Got in difficulties in July 2000 and defaulted and bank transferred loan into my current account

How did they do this? was it part of a company account? or a seperate account?

I can't see how a loan could become a current account. Mind you nothing supprises me much on here anymore.