Aqua Mastercard - Cabot Financial UK - Mortimer Clark Solicitors

[Trentt21]

Hello Everyone - Noob here, please go easy

After various communications by letter from Cabot Financial UK regarding an Aqua Mastercard debt, I've received my first communication from Mortimer Clark solicitors warning of "potential legal action" and CCJ etc. I have not sent a CCA request yet. The deadline is approx. two weeks off. Can anyone advise when/if to send CCA request?
Many thanks in advance...

[Timewilltell]

Welcome Trent, take a look at the UE Diary format on other threads and then lay yours out the same so we can see the history behind it. Then you will get better advice.

[Trentt21]

thanks for speedy reply, I'll get on it!

[Trentt21]

Type: Aqua credit card

Date Commenced: Jan 31st 2017

Current Balance: £3054.00

Default Date: Nov/Dec 2020- can't be sure of exact date as can't find any record of default notice letter and Clearscore don't support Cabot on their platform - i.e. listed as in Default but payment record is completely blank

Last Paid: Token payments being made until Sept/Oct 2020

Status: Assigned to Cabot Financial 14th Jan 2021

Owner: Cabot Financial UK Ltd

Self- employed and ran into difficulties over whole period of Covid/lockdown

Cabot financial sent sequence of letters from May 2020 onwards- starting with

4th May 2021- "we previously asked another company to manage this account on our behalf. We're looking forward to working with you"

and culminating with

1stSept 2021 - most recent letter from Mortimer Clarke solicitors -"Potential legal action if you do not contact us within 30 days from date of this letter"

Thus far I have not sent a CCA so I thought this might be a good time to ask for advice on best course of action.....many thanks in advance

[Timewilltell]

You might want to amend value so can’t be identified by the watchers.

[Trentt21]

Thanks T ...done

[Still Waving]

Just to be clear - was this a Letter Before Claim, enclosing a box-tick questionnaire and an Income & Expenses sheet?

[Trentt21]

Hi SW, yes that is correct - the only written communication received thus far from Mortimer Clarke, it is a "Letter before Claim" exactly as you you describe...

[The Tech Clerk]

Colin G Quinn

[Trentt21]

I have CCA request printed off and ready to go- should I send this off to the DCA and a copy to Mortimer Clarke ( deadline for reply to MC's LBC is just under two weeks)
or should I hold fire until somebody here has had a chance to look over my "Letter before claim"?
Any advice would be much appreciated. Many thanks in advance.....

[Roger]

I have CCA request printed off and ready to go- should I send this off to the DCA and a copy to Mortimer Clarke ( deadline for reply to MC's LBC is just under two weeks)
or should I hold fire until somebody here has had a chance to look over my "Letter before claim"?
Any advice would be much appreciated. Many thanks in advance.....

The point being there seems to be a Assignment issue already that you should be aware off!
For your own records and purposes ".. Cabot Financial (UK) Ltd, as I understand it, they are not FCA authorised and so cannot lawfully issue legal proceed..."
(This is a complex legal argument and not something to raise with Cabot themselves! Some legal issues are better dealt with by a Solicitor !)
Its important to highlight this sort of information for your own purposes.

The Letter Of Claim is a fairly recent procedure BUT tactics become important because it seems that issuing the CCA S.77/78 (plus £1) has proven to have been the wrong response to the LTC.

Colin G Quinn has been tagged perhaps also Never-In-Doubt I think you could email Niddy on webmaster@all-about-debt.co.uk

[Trentt21]

Hi Roger, I checked the FCA status of Cabot Financial UK and note that Cabot state on their site:

??????Cabot Credit Management Group Limited (CCM Group), a company registered in England and Wales with Company No. 4934534, is authorised and regulated by the Financial Conduct Authority (FCA) with firm reference number 677910. As a result, it has all the relevant regulatory and statutory permissions in order for its purchasing companies to acquire debt and to appoint representatives and operational companies to recover and/or administer debts on their behalf.

However.....

The operational company, which is an appointed representative of the CCM Group, is Cabot Financial (Europe) Limited.


Is Cabot Financial Europe a completely separate entity from Cabot Financial UK and therefore Cabot Financial UK (who are not CCM group appointed representative) are not authorised by the FCA to appoint legal representatives to issue court proceedings?

Thanks for your help Roger ...It's quite a steep learning curve for the uninitiated. I am however at letter before claim stage so maybe I should take your advice and e-mail
Never-In-Doubt on the webmaster@all-about-debt.co.uk

[Still Waving]

Thanks for your help Roger ...It's quite a steep learning curve for the uninitiated. I am however at letter before claim stage so maybe I should take your advice and e-mail
Never-In-Doubt on the webmaster@all-about-debt.co.uk

I think you should contact Colin Quinn. Niddy is the expert on CCAs but Colin can offer strategic suggestions on responding (or not responding) to Letters Before Claim.

[Roger]

"..
Status: Assigned to Cabot Financial 14th Jan 2021

Owner: Cabot Financial UK Ltd
.."
Cabot are a group of incorporated companies. You will find this is common with the major Groups. Corporate Law is complex but for your purposes the Owner is according to your diary "Cabot Financial UK Ltd" and they are NOT to my knowledge FCA authorised.
Knowledge empowers and helps us make decisions. We at AAD have followed this same path making notes and learning. No two debts are the same!

[The Tech Clerk]

CCM Group is authorised and regulated by the Financial Conduct Authority (FCA), and with the FCA’s permission, appoint representatives and operational companies to recover and/or administer debts on their behalf.

Operational companies are permitted to carry out debt recovery and/or administration activities as a result of the CCM Group being authorised to appoint them as representatives by the FCA.

The operational company, which is an appointed representative of the CCM Group, is Cabot Financial (Europe) Limited.

Purchasing companies are exempt from being authorised by the FCA as they only own the debt, engaging CCM Group to recover and/or administer the debts on their behalf.

The UK purchasing companies in the CCM Group are Cabot Financial (UK) Limited, Marlin Capital Europe Limited, MCE Portfolio Limited, MFS Portfolio Limited, Marlin Europe I Limited, Marlin Europe II Limited, ME III Limited, ME IV Limited, Marlin Europe V Limited, Marlin Europe VI Limited, and Cabot Financial Portfolios Limited.

I am sure colin or others will confirm with thsi or advise different>>?