Bluemonday 3 Unenforceability Diary

[Bluemonday3]

Well today's post has brought me another Cabot Financial letter stating that 'we take this matter seriously and you have 9 days to respond to this letter. If we do not hear from you we may look at other ways to resolve the debt, this could include an agent visiting your property to discuss your situation'

[Bluemonday3]

I’m just glad of the support on here as would have folded before now for sure.

[The Tech Clerk]

see what comes next they tend to try different approaches for a while?

[Bluemonday3]

I will just carry on ignoring and hope they get fed up but I doubt it!

[The Tech Clerk]

see what next maybe????

[Bluemonday3]

I am not sure if this is good or not! They started off offering a discount on £381.72 I owe and I am assuming the debit is still with Cabot and they are chasing on their behalf.

[The Tech Clerk]

Had not heard their name for a few years till now.

[Bluemonday3]

Thank you for your swift response. I appreciate this as they are escalating texts and emails to several a week!

[The Tech Clerk]

BPO Collections are a debt collection agency that collect other companies debts, which is why you may not recognise them. BPO Collections chase "bad debts" off finance companies and collect defaulted accounts on behalf of DVLA, Scottish Power, First Utility, NPower and others.27


BPO Collections Limited are a UK based private limited company located in Ayrshire. They have been operating since 2006. The company is controlled by Prospect Financial Europe Ehf who are based in Iceland. The parent company has no significant online presence.

[Bluemonday3]

Does anyone have experience of BPO please? I have never heard of them and unsure what to expect?! any advice would be very much appreciated.

[Bluemonday3]

Hi Di I am going to update as Cabot have passed one of my accounts to BPO Collections and I am now receiving regular texts and emails asking me to call them!

[Joanna Connolly Solicitors]

I received a letter from Cabot financial (Europe) Ltd at the end of February to say that the debt for my Mint credit card has been passed to Robinson Way as 'we have been unable to reach an agreement.
I am going to attempt to update my diary

Maybe now would be a good time to update your Diary since debt purchasers have been reasonably restrained during Lockdown but are becoming at bit more lively now!

Di

[Bluemonday3]

Hi I received a letter from Cabot financial (Europe) Ltd at the end of February to say that the debt for my Mint credit card has been passed to Robinson Way as 'we have been unable to reach an agreement.
I am going to attempt to update my diary as I have been behind with this and I have paperwork all over the place!

[Joanna Connolly Solicitors]

I am still being pursued by Cabot, who have passed one of the accounts onto Robinson Way recently

Which is the debt that Cabot is pursuing and who was it assigned to - which is not necessarily the same name which appears on the current correspondence from them?

If it is Cabot Financial (UK) Ltd then they are not authorised by the FCA to issue legal proceedings.

Jo explains it here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di

[Bluemonday3]

Apologies for not updating this in seems like a life time. I have changed jobs and the past few months my head had been all over the place!
I will update this properly at the weekend.. I did renew my membership a couple of weeks ago, so I managed that!
I am still being pursued by Cabot, who have passed one of the accounts onto Robinson Way recently, and Lloyds have passed to Moorcroft who did carry out a home visit while I was at work.. but just the usual type letters come, offering discounts etc if I pay up.
I have not paid anything to anyone since December 2017( I will double check that but I am pretty sure that was my last DMP payment before I cancelled)