Caesar UE Diary

[Warwick65]

Sorry for the delay but I see Roger has posted a link

This is the link to the FCA register where you can search other entities as well , for example ME III who are also not licensed
https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

[Roger]

Thank you Roger . I won't fill in the i&e form because I will deny the debt and ask for something more. I don't want payment plan with them and I won't make any offer.

The position you want to be in is actually NOT asking for anything!
This is really where an email to Di or phone Call would be sensible.

[Caesar]

Thank you Roger . I won't fill in the i&e form because I will deny the debt and ask for something more. I don't want payment plan with them and I won't make any offer.

[Roger]

Thank you nightwatch . This is why I never do something on my own and wait for the advice from this forum. I am still a newbie and don't want to do any mistakes.

The FCA link to

Cabot Financial (UK) Limited - lapsed.

http://fca-consumer-credit-interim.f...w?accId=472690

The Letter Before Claim (LBC) is relatively new procedure I would advise asking Di here for an appropriate reply (or indeed if any reply is necessary in this Case)
Only a Judge can force you to disclose Income and Expenditure

[nightwatch]

T'is why i am here.

and not sunning myself in BARBADOS

[Caesar]

Thank you nightwatch . This is why I never do something on my own and wait for the advice from this forum. I am still a newbie and don't want to do any mistakes.

[nightwatch]

NOoooooooooooo never tell them things like that!!!!'

It could be why they keep saying they don't want to go to court??

jo has slapped them down a couple of times,

Maybe have a word with Di and see what she thinks as this is the second LBC they have sent you.

[Caesar]

You would use the fca register . I am on my phone at the mo but will try to find a link later. Cabot uk are not licensed so using jo’s Case you would argue they could not bring a claim

Thank you Warwick65

Should I say something like this when I reply to their last Letter of Claim?

[Warwick65]

You would use the fca register . I am on my phone at the mo but will try to find a link later. Cabot uk are not licensed so using jo’s Case you would argue they could not bring a claim

[Caesar]

Thank you nightwatch . Where should I find out if one debt purchaser is FCA authorized? For example on my situation Cabot Financial (UK) Ltd. instructed Cabot Europe to manage the account in their behalf.

Yes, on the letter it says I have 30 days to reply or contact them.

[nightwatch]

Does it say you have 30days to reply to it?

link to Jos' pst is here, https://all-about-debt.co.uk/forum/f...-county-courts

[Caesar]

This does indeed sound like a letter of claim, does it actually say it is one?

It is the same letter like the previous one and they insist they want to make payments to them because they don't want to go to court.

By the way, who exactly is the owner of this debt ? The recent post by Joanna Connolly might be of some use

Is it Cabot Financial (UK) Ltd or someone else?

Unfortunately I haven't seen the post. Where can find it? The owner of the debt is Cabot Financial (UK) Ltd. Is this important? Cabot Financial (UK) Ltd. instructed Cabot Europe to manage the account in their behalf.

If it is a new Letter of Claim you could indeed send the same response

By the way in the SAR from Aqua was there any mention of a S87(1) DN

I think it is a new Letter of Claim because it has the Reply Form where I can accept or deny the debt. They insist to fill in the I&E form to set up a payment plan.

[Warwick65]

This does indeed sound like a letter of claim, does it actually say it is one?

By the way, who exactly is the owner of this debt ? The recent post by Joanna Connolly might be of some use

Is it Cabot Financial (UK) Ltd or someone else?

If it is a new Letter of Claim you could indeed send the same response

By the way in the SAR from Aqua was there any mention of a S87(1) DN

[Caesar]

6. Aqua

• Type of account (credit card)
• Date commenced ( Apr 2016)
• Approx balance £500
• Date last paid (July 2016)
• Not paying
• Status (default)
• Account owner (Cabot)

Aqua sold my account to Cabot in 2017. They sent me a lot of letters and phone calls. Answered once and told them I am disputing the account with Aqua and no other contact with them. Last letter they sent me an I&E form in order to start a payment plan with them.

Feb. 2018 Sent CCA request to Cabot.
Feb.2018 Received reply form Cabot. They don't have this information on file. They won't be able to provide the information requested in 12 days but they hope to do this in 40 days.
Aug.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
Sept.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
Sept.2018 Letter of Claim from Mortimer Clarke
Sept.2018 Sent SAR to Aqua and CCA request to Cabot
Oct 2018 received letter from Mortimer Clarke Solicitor that they have requested copies of the original Agreement and other relevant documents. My account has been place on hold until these documents are obtained.
Oct 2018 received SAR from Aqua
April 2018 Letter from Mortimer Clarke Solicitors: Please find attached the following documents: Statement of Account, Reconstituted Copy of Your Agreement, Terms and Conditions from Aqua. Our client is not able to provide a copy of the original credit agreement. Our client position: our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repayment proposals to address the outstanding balance.

Another letter from Mortimer Clarke Solicitors: ,,We need your attention - potential legal action. If we don't hear from you, Cabot we ask us to issue court proceedings..... We also enclose a Financial Statement, Information Sheet and Reply Form. We want to work with you avoid legal action.''

Is this a new Letter of Claim form, right? Should I reply the same as to previous one?

Warwick65 thanks for your advice. It been very helpful.

[Warwick65]

Hi Caesar

Thanks for the message which I received. I have been thinking about your situation.

I think but don't know, if you were not at home for a period because, for example you were away with work , and a claim form landed on your doormat you would not be able to acknowledge of file a defence.

If they then went for a CCJ then either , as long as it was paid in full within 28 days it would not show( it would be as if it never existed). Alternatively, you might be able to apply for a set aside if a) You could prove you were not at home due to work or other commitments and b) you had a reasonable chance of defending. The problem with that is set asides cost money which could be used to make a full and final payment.

I don't like suggesting paying or making an offer but if that is right for you start low at say 5-10% , especially if you can do an income and expenditure which shows little disposable income. If that were the case maybe get a family member to say they could lend you the money to pay . As I say I am no expert so don't quote me