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  • Originally posted by Never-In-Doubt View Post
    Joanna Connolly You're gonna have fun here
    Hope so! Have scanned everything through to Diana Mayhew, so will wait and see what she thinks.

    We have a security camera at home, so if Resolvecall call again I can record and keep copies of the conversation!

    Comment


    • Oh that's good to hear. Di will look after you
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • Originally posted by Milly52 View Post
        Have scanned everything through to Diana Mayhew, so will wait and see what she thinks.

        Everything has arrived by email, thank you.

        Di
        Legal Disclaimer

        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 di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

        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

        Comment


        • Originally posted by Riz View Post
          Re: Cabot

          It's just Cabot Financial (UK) Limited which has lapsed, which presumably they no longer operate under?

          I'm afraid they do

          Only last week we were approached by someone who was issued/served with a county court claim over the Christmas/New Year holidays.

          I'm bumping this thread to raise awareness of the recent court ruling which decided that a business which does not have FCA authorisation cannot lawfully bring legal proceedings.

          Jo explains it here >


          Originally posted by Joanna Connolly View Post
          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 on the facts of the case by both parties 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

          So if anyone reading this thread has received a claim from Cabot Financial (UK) Ltd then please post on here or send me an email using di@joannaconnollysolicitors.co.uk

          Or if you've received a Default Judgment from Cabot Financial (UK) Ltd you can also contact me or post on here.

          Di
          Last edited by Diana Mayhew; 17 January 2020, 17:37. Reason: typo
          Legal Disclaimer

          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 di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

          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

          Comment


          • Originally posted by Milly52 View Post
            Well, I've got all my papers in order for this and cannot wait to scan them and send to Di Mayhew. I'm hoping she will throw the book at them - fact, they should not be hounding me for the debt when they are not licensed to! Even had Resolvecall on my doorstep not long ago!! Abused the Court system, claim stayed, (let's say a few years, walls have ears!) didn't even put in a defence (I did) or complied with my CCA request until months after they issued a bloody claim against me! No claim should have been made!

            Going to have fun with this one!! Or Di Mayhew will!

            Thanks for brilliant site, glad I joined and read lots and not panicking, just cross!
            Hi

            Well, well after letters every month from Cabot saying pay up (even though they haven;'t sent a defence to their court claim which was years ago) they have now asked BPO to manage the account for them. What a joke! I need to get the court claim sorted, hounding me for money when they can't deal with their claim!

            Thanks

            Comment


            • Originally posted by Milly52 View Post
              Well, well after letters every month from Cabot saying pay up (even though they haven;'t sent a defence to their court claim which was years ago) they have now asked BPO to manage the account for them. What a joke! I need to get the court claim sorted, hounding me for money when they can't deal with their claim!

              Hello Milly

              It's been a while since we were in touch - I'll email you for an update.

              Di
              Legal Disclaimer

              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 di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

              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

              Comment


              • Originally posted by Milly52 View Post

                Hi

                Well, well after letters every month from Cabot saying pay up (even though they haven;'t sent a defence to their court claim which was years ago) they have now asked BPO to manage the account for them. What a joke! I need to get the court claim sorted, hounding me for money when they can't deal with their claim!

                Thanks
                Didn't think they could assign a debt to another company...

                Comment


                • Originally posted by hra47 View Post

                  Didn't think they could assign a debt to another company...
                  I've no idea.

                  Have had Cabot,
                  Then went to Resolvecall
                  Back to Cabot
                  Now BPO
                  And there is a claim in the system, albeit a few years now, which they started and didn't finish, by not submitting their defence! You really couldn't make it up!

                  Comment


                  • Originally posted by Milly52 View Post
                    Have had Cabot,
                    Then went to Resolvecall
                    Back to Cabot
                    Now BPO
                    And there is a claim in the system, albeit a few years now, which they started and didn't finish, by not submitting their defence! You really couldn't make it up!

                    I've just got your latest email about them turning up the heat with BPO.

                    I'll reply in a minute - I don't want to put too much on this thread in case it's being monitored, and because these are live legal proceedings.

                    Di
                    Legal Disclaimer

                    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 di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

                    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

                    Comment


                    • Originally posted by Diana Mayhew View Post


                      I've just got your latest email about them turning up the heat with BPO.

                      I'll reply in a minute - I don't want to put too much on this thread in case it's being monitored, and because these are live legal proceedings.

                      Di
                      OK thank you.

                      Milly

                      Comment


                      • Originally posted by Milly52 View Post

                        OK thank you.

                        Milly
                        Best of luck Milly - am sure Diana will be able to help you - she gave me great advice when I had my own problems with Cabot,now happily resolved.

                        Comment


                        • Originally posted by hra47 View Post

                          Best of luck Milly - am sure Diana will be able to help you - she gave me great advice when I had my own problems with Cabot,now happily resolved.
                          Thank you.

                          Comment

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