CABOT

[DoingMyBest]

Hi all,

Cabot have sent me a letter saying they are "referring" my account to Nolans Solicitors, who "will want to speak to you within the next seven days where they will review your situation and help you to arrange the most suitable solution for you based on your circumstances".

DMB

[DoingMyBest]

Hi Di,

Many thanks for your reply.

> you need to establish which entity actually owns the debts which should be made clear when you are served with a Notice of Assignment (if you received one).

I've dug through the correspondence, and I think I've found exactly what we want, though they don't directly say Notice(s) of Assignment.

Back in October 2018, a letter from Cabot states of the Lloyds card: "Cabot Financial (UK) Limited has acquired your account and is now the legal owner".

And a letter from BOS states that they have "assigned [everything] to Cabot Financial (UK) Limited."

So this IS Cabot (UK), who are unauthorised. My next question is, the legal precedent you set applies to England and Wales; how likely is it to be followed by a Scottish court, please?

Many thanks,

DMB

[Joanna Connolly Solicitors]

Cabot are chasing me about two credit cards I defaulted on back around 2017, details in my UE Diary:

https://all-about-debt.co.uk/node/1533244

They are currently threatening legal action, and Niddy has kindly read through the CCAs they sent me, confirming that they are enforceable.

I gather from this forum that Cabot (UK) aren't authorised, but the letters I'm getting say "Cabot Financial (Europe) Limited is an Appointed Representative of Cabot Credit Management Group Limited which is authorised and regulated by the Financial Conduct Authority". Even if I hold off Cabot Financial (Europe) in court, can they just pass it up to their parent company?

I live in Scotland, which apparently may mean Di and Jo might not be able to help.

First of all there is more to 'unenforceability' than the credit agreement so you're right to explore everything.

This thread is about the fact Cabot Financial (UK) Ltd and others do not have FCA authorisation to issue legal proceedings.

Letterheads can be deliberately confusing, so you need to establish which entity actually owns the debts which should be made clear when you are served with a Notice of Assignment (if you received one).

The Consumer Credit Act is relevant in Scotland, but it's a different legal jurisdiction when/if legal proceedings are issued restricting who can take instructions to represent you in court etc.

Threatening legal action and taking legal action are two different things.

I'll take a peek at your Diary to see what stage these debts have reached and suggest ways for you to manage the situation.

Di

[DoingMyBest]

Hi all,

Cabot are chasing me about two credit cards I defaulted on back around 2017, details in my UE Diary:

https://all-about-debt.co.uk/node/1533244

They are currently threatening legal action, and Niddy has kindly read through the CCAs they sent me, confirming that they are enforceable.

I gather from this forum that Cabot (UK) aren't authorised, but the letters I'm getting say "Cabot Financial (Europe) Limited is an Appointed Representative of Cabot Credit Management Group Limited which is authorised and regulated by the Financial Conduct Authority". Even if I hold off Cabot Financial (Europe) in court, can they just pass it up to their parent company?

I live in Scotland, which apparently may mean Di and Jo might not be able to help.

Thanks for any advice!

DMB

[Cord]

Hi. Yes thank-you.

[The Tech Clerk]

Moorcroft are only collectors for owners, on commission if they get any payment.

[Cord]

Hi.
i originally had 5

[Joanna Connolly Solicitors]

I also have a debt with MBNA from around the same time. I offered them final settlement offers back in 2011 and again in 2012. I sent a CCA request back in 2012 to and they stated they had referred it back to the original creditor. I stopped paying them in 2013 and have not contacted them. They have sent me letters though.

Maybe it would help you to start a Diary of your own where you can list all the debts you’ve been struggling with over the years, and then forum members can make suggestions on how to manage each one of them.

Which debt purchaser bought your old MBNA credit card - was it PRA?

Who owns the debt now because you say “they” referred it back to MBNA after you sent them a CCA Request in 2012?

Di

[Cord]

many thanks

[Cord]

Hi
I have a folder with lots of letters

[Joanna Connolly Solicitors]

Do I need to ask them for anything specific or just all the information they hold on me?

I would ask both of them for everything, then there can be no excuse for withholding anything.

Have you kept any information of your own over the years?

Di

[Cord]

Hi
Thanks. Do I need to ask them for anything specific or just all the information they hold on me?

[Joanna Connolly Solicitors]

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

I should add it's possible that Intelligent Finance no longer hold any data on you since the credit card business was subsequently sold to Halifax BOS.

So it may make sense to send a SAR to both IF and BOS - there's no fee to pay.

What you'll be hoping is that documents may have got mislaid in transition.

Di

[Cord]

What do I put after
‘I would particularly like you to provide information about the following items’

[Cord]

I have the following template


Dear Sir/Madam


Account No:

Please send me the information which I am entitled to under the Data Protection Act 2018.

I would particularly like you to provide information about the following items.



If you need further information from me, please let me know as soon as possible.

I understand that you should provide the information I have asked for without undue delay and at the latest within one month of receiving this letter.

I look forward to hearing from you.