Originally posted by Milly52
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Hi Milly52,
We are happy that we could assist you in this matter. You know where we are if you need us again.
Many thanks
Sam
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Hello. This has been going on for years my claim, however I used the services of Joanna Connelly and it has now been kicked out of court! Finally. Can't thank Di and her team enough. Cabot were a thorn in my backside.
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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
Milly
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Originally posted by Milly52 View PostHave 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
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Originally posted by hra47 View Post
Didn't think they could assign a debt to another company...
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!
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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
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Originally posted by Milly52 View PostWell, 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
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Originally posted by Milly52 View PostWell, 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!
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
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Originally posted by Riz View PostRe: 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 PostOn 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
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Originally posted by Milly52 View PostHave scanned everything through to Diana Mayhew, so will wait and see what she thinks.
Everything has arrived by email, thank you.
Di
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Originally posted by Never-In-Doubt View PostJoanna Connolly You're gonna have fun hereHope 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!
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