CABOT

[Joanna Connolly Solicitors]

I will send the request. The problem is that intelligent finance now only deal with mortgages and stopped credit cards back in March 2013. . . . . .

Please advise who do I send the subject access request to?

If you click on "How to get a copy of your personal information" in this link you'll see the address to write to etc > https://www.if.com/privacy/default.aspx#11

They say they can send it in digital format so that's helpful.

Di

[Cord]

Hi
The date will keep an eye on it.

[Joanna Connolly Solicitors]

it was a credit card.

You've sent a s77-79 CCA Request with the £1 statutory fee which has been acknowledged by Mortimer Clarke Solicitors who’ve told you the account is now on hold.

What is the date on their Letter of Claim so you can keep an eye on the ‘expiry date’ just in case?

In the meantime I suggest you send a Subject Access Request to Intelligent Finance (address details are on their website) to see what data they have on your account, because if the necessary information is not held by the original creditor then Cabot won’t be able to get it either.

Di

[Cord]

Hi Joanna
it was a credit card.

[Joanna Connolly]

Was the debt a loan or credit card? If it was a loan how long was it spread over?

[Cord]

Hi
The debt was opened in 2002

[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

[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

[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

[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?

[Cord]

Hi.
Thanks for the reply.

[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
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]

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

[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.