CABOT

[The Tech Clerk]

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

[Cord]

Hi. Yes thank-you.

[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

[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 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

[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

[Cord]

Hi Di
Hi. I received a pre court claim form and I sent a CCA request to Mortimer Clark solacers (acting inspiring behalf of Cabot financial) 6 weeks ago and received a reply to say the account was on hold and could not locate the credit agreement etc . Today I have received a county court claim. How do I apply to get a stay of proceedings please?

[The Tech Clerk]

time to talk to Diana Mayhew they do this hoping you give in

[Joanna Connolly Solicitors]

Hi Di
Hi. I received a pre court claim form and I sent a CCA request to Mortimer Clark solacers (acting inspiring behalf of Cabot financial) 6 weeks ago and received a reply to say the account was on hold and could not locate the credit agreement etc . Today I have received a county court claim. How do I apply to get a stay of proceedings please?

No surprises there.

Email me a copy of the first page of your claim form, but don't do anything yet - use di@joannaconnollysolicitors.co.uk.

A stay on these legal proceedings is not an option, but winning the case may well be

I'll take a look back at your posts on this thread, but can you just quickly remind me who was the original creditor?

Di

[Cord]

How do I send it?

[Joanna Connolly Solicitors]

The original was intelligent finance in 2002 but it states bank of Scotland on claim form. How do I send it?

You can take a photo of the front page and email it to me di@joannaconnollysolicitors.co.uk

No need to blank anything out.

If the Particulars of Claim state the incorrect original lender then they may have a problem


Di

[Cord]

Hi Di
sent thank-you

[Joanna Connolly Solicitors]

Hi Di
sent thank-you

I've got that and replied.

Did you also send a Subject Access Request to BOS?

Di

[DoingMyBest]

Hi all,

Nolans just sent a letter saying they "require settlement in full, or acceptable instalment proposals, within fourteen days... In the event that you fail to respond, then court proceedings may be raised against you." Hopefully the key word is "may". Importantly, they name their clients as Cabot Financial UK Limited, who, this thread explains, are unauthorised by the FCA. As I live in Scotland, I may need to fight the case to establish the precedent here, which Diana established in England and Wales.

DMB

[Markus98765]

Hi, just wondering how you got on with this one with Cabot? How did it end..?