CABOT

[julian]

Ooh er just got another letter from the rottweilers. After sending a van full of "we really want to help you" letters with I&E forms, they said they would refer the "account" back to t'masters for a decision on how to proceed. Quaking opening today's missive, received "we really want to help you" and I&E forms. How many in a full set? Hopefully postage will soon reach the amount they are chasing.
So it looks like they were told to bog off. Shame they have been misinformed, but not going to tell them until they follow the correct procedure.
?????
?????

[julian]

Seems like MC are in the office again. Starting with automated letters to get pulses rising. It is easier to rerun old threats that can be sent out automatically whilst preparing new threats.
Now there is at least one person to answer (eventually) the phone, calls are also reborn.
They are committed to help you??
Rather to help themselves.

[Topher]

Hi Topher,

We have successfully argued this in court in several cases.

The argument against the exemption on which Cabot rely is complex and usually requires 3 hours in court for legal submissions to be made. There is no binding case law, as these hearings take place in the county court.

Good to hear and well done! Sounds like a complicated argument, so in my case atm its probably something to just bear in mind.

[Topher]

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...

Thanks for the reply ive added a thread in the diaries section

[Gerry Jemitus]

Hi Topher,

We have successfully argued this in court in several cases.

The argument against the exemption on which Cabot rely is complex and usually requires 3 hours in court for legal submissions to be made. There is no binding case law, as these hearings take place in the county court.

[Roger]

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...

Do as requested above by Night Monkey
".. ive got a county court business center claim form cabot financial uk as the claimant and mortimer acting as reps. .."
You need legal advice
@Colin G Quinn
"..I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by...

[Night Monkey]

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...

[Topher]

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.

[julian]

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?

[Mitz1e]

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.

[Joanna Connolly]

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?

[julian]

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.

[Warwick65]

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).

[Joanna Connolly Solicitors]

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

[Nichola1976]

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