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  • #76
    Originally posted by Nichola1976 View Post
    I have several accounts with them . . . . & 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.

    Hello

    I remember helping you with a different legal issue some years ago (when I was PlanB )

    Let me have a little more background to this debt now with Cabot.

    Is it a 'Letter of Claim' which they've sent you or just a chasing letter?

    Who have you been paying i.e. who was the original creditor, unless it's been assigned twice in which case you may have been paying another debt purchaser?

    You may find it easier to start a new thread of your own if you have more than one debt with Cabot. Or if this situation seems urgent we'll deal with that one first on this thread.

    I look forward to helping you.

    Di

    Comment


    • #77
      Originally posted by Nichola1976 View Post
      have been threatened with legal action & a CCJ for missed payments.

      What do i do ?

      You can contact me direct if you like - it's a different email address since those days, so use di@joannaconnollysolicitors.co.uk

      (I've received your Visitors Message).

      Di

      Comment


      • #78
        Hi

        yes thank you i remember. I have found out recently that this is till showing on my credit file as active or something instead of settled so not sure what i need to do about that ?

        Im still trying to get used to how this works again & posted a reply ...so i thought but dont know where its gone lol.

        So im trying again...

        this one was originally with post office re a credit card & no payments have been missed.

        I wasnt aware that it has ended up with Cabot. I have 6 other debts that have ended up with cabot & would like some help with but just panicking about this one at the min. Im not sure how to start a new thread ?

        The letter states my overdue debt requires urgent action. I have been selected for legal action to commence by their solicitors as im not making payments. If i continue to ignore this my account will be passed to their solicitors who will then seek a CCJ.

        Thanks
        Nich

        Comment


        • #79
          Originally posted by Nichola1976 View Post
          Im still trying to get used to how this works again & posted a reply ...so i thought but dont know where its gone lol.

          So im trying again...

          If i continue to ignore this my account will be passed to their solicitors who will then seek a CCJ.

          Your Visitors Message has vanished for some reason!

          So email me as per post #77 on this thread and we'll take it from there.

          Di

          Comment


          • #80
            Post Office used Bank of Ireland for their financial products eg mortgages, credit cards. They have recently split up and Cabot UK has bought a share of their accounts.

            As Cabot UK cannot trade as before without a licence, many accounts, including really old dormant ones (SB) have been farmed out for collection by " people who will help you".

            So kind.

            Comment


            • #81
              Originally posted by Nichola1976 View Post
              this one was originally with post office re a credit card & no payments have been missed.

              I wasnt aware that it has ended up with Cabot. . . . . The letter states my overdue debt requires urgent action. I have been selected for legal action to commence by their solicitors as im not making payments. If i continue to ignore this my account will be passed to their solicitors who will then seek a CCJ.

              I've received your email and will reply when I’ve looked at everything you’ve sent me

              Don’t see your account being passed to solicitors as a threat because if the debt is unenforceable it may be a blessing in disguise.

              Let’s see where you stand before you start to panic.

              Di
              Last edited by Joanna Connolly Solicitors; 17 February 2021, 23:15. Reason: typo

              Comment


              • #82
                Hi

                im still trying to sort all this out & Cabot are sending letters trying to get me to increase payments from £17.47 to £42.50 & £8.58 to £20.50 every month.

                As long as i keep making the agreed original payments is there anything they can do & do i have to submit income & expenditure or can i keep ignoring the requests ?

                Re the post office one - do i just keep making payments to the original lender or start paying direct to cabot. If i did this would this mean that i admit & accept the debt is with them now ?They said they would put everything on hold for 14 days before taking any further action & i havent heard anything...should i be worried ?

                Regards

                Nich

                Comment


                • #83
                  Originally posted by Nichola1976 View Post
                  im still trying to sort all this out & Cabot are sending letters . . . .

                  As long as i keep making the agreed original payments is there anything they can do & do i have to submit income & expenditure or can i keep ignoring the requests ?

                  Re the post office one - do i just keep making payments to the original lender or start paying direct to cabot. If i did this would this mean that i admit & accept the debt is with them now ?They said they would put everything on hold for 14 days before taking any further action & i havent heard anything...should i be worried ?

                  I think the best way forward is to start a thread of your own in the Unenforceable Diaries section.

                  List each of the debts in a separate post so suggestions can be tailor-made since no two debts are the same.

                  The letters you are receiving may not be from the actual legal owner of the debt but from the business which is managing the account on their behalf. For example a letter from Cabot might be for a debt owned by Marlin etc.

                  The Notice of Assignment should state the legal owner.

                  Start a Diary and we'll take it from there.

                  (I've emailed you.)

                  Di

                  Comment


                  • #84
                    Hi Nicholas

                    I'm with Di in asking if you can start a diary with details.

                    At the moment you are asking questions without the background. For example; do these have CCJ's and are these court arranged payments; if they are not CCJ's how were the arrangements set up; when were the accounts opened; have you ever sent CCA requests; have you sent in a new I&E to cabot? . All these things can alter what I would say I would do if in your place.

                    No one here can give you financial advice but we can tell you what we would do or have done in the past, what has and hasn't worked. I'll give you this for free as it is something I didn't do- if you need to sent letters keep them business and polite and don't call them F****** morons (not my finest hour even though they were).

                    Comment


                    • #85
                      For those that received a Bank of Ireland assignment to Cabot to another debt collector although SB.

                      I sent the SB/Harrassment letter and received a letter today stating "after reviewing.... account has been close".

                      As it was obvious to anyone along the chain it was SB, it is pure Harrassment. Still, it's a job and Mortimer Clarke are recruiting.

                      I dread the surge when lockdown is over.

                      Comment


                      • #86
                        Originally posted by Mitz1e View Post
                        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.
                        Are these claims still stayed?
                        Legal Disclaimer
                        I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                        If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                        Comment


                        • #87
                          Originally posted by Joanna Connolly View Post

                          Are these claims still stayed?
                          Hi Jo, I think you know all about these 2 as you took on Cabot for me and sent them packing when they caved in on receipt of the revised defence. Looking forward to final conclusion on these as that seems to be rather caught up in the backlog.

                          Comment


                          • #88
                            Does the FCA licence issue affect enforcement of CCJs by court process via MC or any other "solicitor"?

                            Including those debt bundles purchased from OCs who had already acquired CCJs?

                            Comment


                            • #89
                              Hi im looking for some clarity on this thread. Are Cabot allowed to use an exemption for authorisation to make are claim. Is there case law yet to support this? Or is the principle for this still undecided and its left to the lower court judges to decide on each case?

                              Asking as ive got a county court business center claim form cabot financial uk as the claimant and mortimer acting as reps.

                              Comment


                              • #90
                                Hi Topher, and welcome.

                                It would be worth starting your own diary so that those that know more than me can offer advice with some relevant background.

                                Debts diaries here:

                                https://all-about-debt.co.uk/forum/d...bility-diaries

                                Preferred format, one post in the diary for each debt:

                                Type of account (credit card/loan/overdraft)
                                Date commenced
                                Approx balance
                                Date last paid (approximate date you last made a FULL payment)
                                Are you on arrangement or not paying
                                Status (default/in arrears/up-to-date)
                                Account owner (who is writing to you, a DCA or the lender or a debt purchaser)

                                Requote the post (or C & P) each time you need help with a question or get correspondence etc.

                                Good luck...

                                Comment

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