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  • hra47
    replied
    Originally posted by Milly52 View Post
    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.
    Awesome!! A thorn in the backside is about as polite as you can get....

    Leave a comment:


  • Sam Audley
    replied
    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

    Leave a comment:


  • Milly52
    replied
    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.

    Leave a comment:


  • Milly52
    replied
    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.

    Leave a comment:


  • hra47
    replied
    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.

    Leave a comment:


  • Milly52
    replied
    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

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • Milly52
    replied
    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!

    Leave a comment:


  • hra47
    replied
    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...

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • Milly52
    replied
    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

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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 Joanna Connolly Solicitors; 17 January 2020, 17:37. Reason: typo

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    Oh that's good to hear. Di will look after you

    Leave a comment:


  • Milly52
    replied
    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!

    Leave a comment:

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