CABOT

[Sam Audley]

Hi Mitz1e,

Thanks for joining and posting.

My colleague Di will reply to you and she will be able to advise in relation to both of these claims and the best way forward.

Thanks
Sam

[Joanna Connolly Solicitors]

I have 2 claims issued from Cabot Financial (UK) Ltd both in early November through Mortimer Clarke. Both are currently stayed as Cabot have not been able to comply with CCA requests. I have just discovered this forum and am pulling everything together at the moment to post fully for advice. As both are for large amounts £25k and £10k I am, to put it mildly. concerned.

Hello

No need to be concerned. Asking for help is a good start.

Who were the original creditors for these two debts and what were they, such as a credit card or loan etc?

Di

[Never-In-Doubt]

Mitz1e - have a chat with Di (see above). You're in safe hands now

[Mitz1e]

Diana Mayhew - will email you a summary to date if that's ok - both LloydsTSB originally, one loan and one credit card. Trying to type on my mobile is not conducive to a quick & full response. I do have also one further Cabot account that's not gone to a claim also with Solicitors Restons. Thank you

[Joanna Connolly Solicitors]

Diana Mayhew - will email you a summary to date if that's ok - both LloydsTSB originally, one loan and one credit card. Trying to type on my mobile is not conducive to a quick & full response. I do have also one further Cabot account that's not gone to a claim also with Solicitors Restons. Thank you

I look forward to your email when you’re ready.

I can’t post easily from my mobile so you’re not alone

Include the third Cabot debt which doesn’t have a court claim so I can take a peek at that one too.

Use di@joannaconnollysolicitors.co.uk

Di

[Joanna Connolly Solicitors]

I have 2 claims issued from Cabot Financial (UK) Ltd both in early November through Mortimer Clarke. Both are currently stayed as Cabot have not been able to comply with CCA requests. I have just discovered this forum and am pulling everything together at the moment to post fully for advice. As both are for large amounts £25k and £10k I am, to put it mildly. concerned.

One more thing to mention is that Cabot and/or Mortimer Clarke Solicitors will now be scurrying around in an attempt to locate necessary documents, so time is of the essence to deal with these claims before they find something, and then make an Application to lift the stay and proceed with a Summary Judgment.

Was their non compliance with your CCA Request the only legal argument in your Defence (I’m guessing that’s what you did, based on your first post)?

If you need to raise further arguments (because they come up with credit agreements) you’ll have to make an Application to the court for permission to Amend your Defence.

Di

[Mitz1e]

Diana Mayhew - I've just sent over emails re the 2 currently with the Courts and will send a separate email for the 3rd account with Restons as well. Thanks in advance for your help.

[Joanna Connolly Solicitors]

Diana Mayhew - I've just sent over emails re the 2 currently with the Courts and will send a separate email for the 3rd account with Restons as well. Thanks in advance for your help.

I’ve received your emails and replied

Di

[Cord]

Hi
I have a debt that is 10 years and the default is off my credit report. The debt has been sold to Cabot financial.
I sent a CCA request and £1 cheque to them and they have said that the matter has been put on hold and no further action will be taken.
Can anyone please advise me what to do now?

[Joanna Connolly Solicitors]

Hi
I have a debt that is 10 years and the default is off my credit report. The debt has been sold to Cabot financial.
I have recently received a form from Mortimer Clarke solicitors requesting new to fill in a pre ccj form within 30 days.
I sent a CCA request and £1 cheque to them and they have said that the matter has been put on hold

Hello Cord

May I ask you a few things first.

What is the exact name of the debt owner such as Cabot Financial (UK) Ltd or Cabot Financial Ltd?

You say the debt is 10 years old, do you mean you opened the account 10 years ago (i.e. 2010), or has it been 10 years since you last made a payment to anyone?

From what you say the debt must have been defaulted at least six years ago if it is not showing on your CRA file now.

Who was the original creditor?

From what you say you've been sent a Letter of Claim and Mortimer Clarke say the account is on hold, but this would be a good time to do your research in case they come up with the documentation needed.

Di

[Cord]

Hi.
Thanks for the reply.

[Cord]

They sent me a statement of account first date is 2005. It looks like I didn’t start paying £1 a month until 2012. Would that mean it was statue barred originally?

[Roger]

They sent me a statement of account first date is 2005. It looks like I didn’t start paying £1 a month until 2012. Would that mean it was statue barred originally?
"..I had offered final settlements to them a few years ago and the most recent one was them offering £723. The debt is for £2500.."

You should remove those statements!!
Statute Bar isn't just last date of payment! There are other considerations such as your acknowledgement (sic by action or correspondence ) etc..
Better to be pessimistic in your assessment of statute barred. Starting date for Statute Barred most likely would be YOUR latest correspondence date especially settlement offers!!
The AAD approach is NO correspondence and a up to date Diary

[Joanna Connolly Solicitors]

it is Cabot financial (uk) ltd

Cabot Financial (UK) Ltd lack FCA authorisation which is the first thing

Jo explains the relevance of that 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

[Joanna Connolly Solicitors]

the original creditor was intelligent finance (bank of Scotland) in 2002 and sold to Cabot in 2005. I have been paying £1 a month for years so it isn’t statue barred.

They sent me a statement of account first date is 2005. It looks like I didn’t start paying £1 a month until 2012. Would that mean it was statue barred originally?

Can you just clarify the dates.

Account opened in 2002, but when did you last pay anything to Intelligent Finance?

The debt was assigned to Cabot in 2005 but you didn't make any payments to them until 2012, is that right?

Can you remember when (what date) you made those F & F settlement offers?

Di