CABOT

[Roger]

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

That's a curious question Markus98765 with AAD the End is Debtor in control of their Life and not a speculative chancer buying stale Debts for pennies and plaguing the lives of those sick with worry and whose Credit is in tatters often through no fault of their own!
The End? does this justify the DCA's means?

[Joanna Connolly Solicitors]

I'm aware that Cabot Financial (UK) Ltd have issued legal proceedings in the county court over the Christmas/New Year holiday notwithstanding the fact that they are not FCA authorised.

So if anyone has received a claim from Cabot Financial (UK) Ltd please post on this thread or email me direct if you prefer di@joannaconnollysolicitors.co.uk

Also if anyone has been given a Default Judgment for failing to respond in time to a claim which they received (or perhaps because it went to an incorrect address so they didn't receive it but became aware of a CCJ later on a CRA file) then post on here too. These Default Judgments don't need to have been recent since the lack of FCA authorisation is not a new issue.

While this forum has been offline for maintenance Cabot Financial (UK) Ltd has been issuing legal proceedings, so if you've received a claim or a Letter of Claim please post on this thread or email me direct if you need help using di@joannaconnollysolicitors.co.uk

If you've received a Default Judgment then post on here too.

Di

[julian]

Not received a claim, but a letter informing me that Cabot Financial UK has bought an extremely old debt well over 10 years since any communication. So still buying.

They have notified me in the Assignment Letter that they have passed it to a debt collector (one not known to be part of their group) who will be in contact with me, unless I contact them first. Not the normal transfer to Mortimer Clarke - are they all furloughed?

I expect the bulk buy has not been fully vetted, judging by the time, lack of CCA, recruited at a fair in exchange for a "free gift" of my engagement, but may be threatening to others.

A pig in a poke?

[ohitsonlyme]

I too have recieved a letter from cabot threatening a home visit by resolve call for an over 10 year old ccj owned by cabot that until now I have been ignoring cabot chase letters
How do I reply or do I continue to ignore

[Joanna Connolly Solicitors]

I too have recieved a letter from cabot threatening a home visit by resolve call for an over 10 year old ccj owned by cabot

Is this the CCJ which was obtained by Blackhorse in 2010 and only assigned to Cabot at the start of this year?

Has there been any attempt to enforce the CCJ in those ten years such as bailiffs or a Charging Order (if you own a property)?

From memory you said on another thread that none of the correspondence you’ve received from Cabot so far has mentioned a CCJ so they may not realise it exists.

Is it Cabot Financial (UK) Ltd which owns the debt?

Di

[ohitsonlyme]

Is this the CCJ which was obtained by Blackhorse in 2010 and only assigned to Cabot at the start of this year?

Has there been any attempt to enforce the CCJ in those ten years such as bailiffs or a Charging Order (if you own a property)?

From memory you said on another thread that none of the correspondence you’ve received from Cabot so far has mentioned a CCJ so they may not realise it exists.

Is it Cabot Financial (UK) Ltd which owns the debt?

Di

Hi Di
Yes it is the blackhorse ccj
They are aware it is a ccj

I sent them a statute barred letter when they initially raised the issue and they came back with CCJ but no real threats or worry for me
I dont know who owns the debt but the chase letters come from Cabot Financial

I am of the mind to allow them to turn up and to basically ignore them and give them no acknowlegment or further information
There has been no enforcement action at all in the last now 11 years
Only me again

[julian]

Di asked
"Has there been any attempt to enforce the CCJ in those ten years such as bailiffs or a Charging Order (if you own a property)?"

Why? Does that alter the need to request court permission to enforce?

[ohitsonlyme]

Di asked
"Has there been any attempt to enforce the CCJ in those ten years such as bailiffs or a Charging Order (if you own a property)?"

Why? Does that alter the need to request court permission to enforce?

Di is trying tto find out as much inforamtion available in order to advise

No enforcement action has been taken since the date of the ccj over 10 years ago and there is no charging order or other claim against any property that I own
They need to ask permission to enforce due to the length of time since ccj was ordered to be paid and they will struggle to justify why this was not enforced within the 6 years after ccj and this would be prejudicial against me

onlyme

[ohitsonlyme]

Also Crapbot are not the judgement Creditor ie they did nt obtain the ccj and so will have great difficulty in getting the courts to enforce it in their favour

[Joanna Connolly Solicitors]

Hi Di
Yes it is the blackhorse ccj
They are aware it is a ccj

I sent them a statute barred letter when they initially raised the issue and they came back with CCJ but no real threats or worry for me
I dont know who owns the debt but the chase letters come from Cabot Financial

I am of the mind to allow them to turn up and to basically ignore them and give them no acknowlegment or further information
There has been no enforcement action at all in the last now 11 years

Did Resolvecall send a collector to your home after Cabot threatened you with that at the beginning of October?

Di

[ohitsonlyme]

Did Resolvecall send a collector to your home after Cabot threatened you with that at the beginning of October?

Di

Yes they did Call at my home on the first day of lockdown!! unfortunately I wasnt in or I would have sorted them out

[julian]

The question re 10 years was for general rather than your specific clarity.
Is it absence of enforcement or gap of 10 years since last attempt to enforce?


It could mean:-
1) no action at all since judgement
???2) early action taken - payments made but stopped over 10years ago with no further action taken
3) early CO/AoE awarded but no payment made and no further action taken in following 10 years

Is a CO enforcement? It is mooted that a CO is not enforcement, but a place marker, whereas an enforced sale aided by a CO is.

[julian]

Just an update in case it helps. Time is not a certainty of dismissal. A strong defence is required if threats materialise at any time. Nothing is certain except death.

Called a national helpline for further clarity on this, as being pestered but ignoring. They could be biased and fibbers, but hey ho.

Was told the 10 years without enforcement for AoE, Bailiffs, CO etc is misleading tautology. There is always a requirement to apply to the court to allow enforcement. The longer the gap, the more likely the documents will be mislaid or destroyed, and the more likely the application will be refused - eg abuse of process by delaying without reason.

The DJ can always decide to accept or refuse the application regardless of time. Should it be accepted it is upto the defence to prove the disruption/disadvantage caused by delay in enforcement. On a good day the DJ, if there is a hearing, will take the opportunity to slam the laxity of petitioner and throw it out and award costs against them.

[Warwick65]

Well all I can do is pass on my experience.

had two ccj s from back in 93 or so. I paid them regularly at the court appointed amount. I think it was £5 a month . In 2011 I stopped paying and at least one of the creditors couldn’t find any record. I sent a SAR to Barclays and the account had been recycled. Anyway, another ten years on and I have heard nothing.

I was always told they had to enforce within 6 years or permission would be needed

[Nichola1976]

Hi

Apologies as im new to this forum & not sure how it works. I have lots of questions but the one thats led me here today is re Cabot Financial.

I have several accounts with them ( the ex's debt originally & all been passed on from other debt companies or from the original lender several times & ended up with Cabot ) & have never missed any payments & have been paying for over 10 years.

However i have recently received a letter from them about another debt which i wasnt even aware had been passed on to them & have been threatened with legal action & a CCJ for missed payments. Payments havent been missed but have been made every month to the previous company.

What do i do ?

Any help or advice would be much appreciated

Thanks

Nich