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  1. Evening, I am seeking some thoughts from more learned individuals. I received a Claim Form end of Dec 2017 for an old WF debt and subsequently entered my defence on MCOL. This was on the 5 January. Since then I have received nothing further to my formal requests for additional information surrounding claim aside from two chaser letters from Cabot's solicitors detailing their 'client wish to settle out of court' and then '14 days to negotiate settlement otherwise instructions from Cabot to lift stay'. Called the court today and was advised that Cabot / their solicitors had attempted to amend the particulars of the claims on the 11 February but this was denied as they did not pay the fee. Their last letter to me dated 5 March is as above on the 14 days. I'm tempted to actually have the claim struck out as the claim remains stayed open ended. Has this happened to anyone before ? Thanks
  2. Hi, My partner had two credit cards between 2001-2008 - both of which she defaulted on when her husband left - leaving her with two young kids. Unable to pay the mortgage she was forced to move into Council Accommodation. Today, She received a Notice of Issue of Warrant of Control. Creditor: Cabot Financial (UK) Ltd The letter states that if the debt (£857) is not paid by 2nd Feb 2018 then Bailiffs will be call to remove goods for sale at public auction. I work as a bar tender and my partner is disabled and on benefits. No attempt was made to contact my partner in the last 8 years regarding the debt (we still don't know which CC it applies to.) by mail or telephone. She is terrified that the bailiffs will turn up and start ransacking the house. Can anyone give me a clue as to where to begin fighting this?
  3. Hi, I have a debt (approx £25k) that defaulted on Apr 2103 that is being chased by Cabot. I have not made any payments on this since 2013 to either the original lender or Cabot. I have recently requested the CCA from Cabot and they acknowledged the 12 day time limit before temp unenforceable and as they would have to request from the original lender they anticipate not being able to provide it within 12days and hope to have it within 40 days. They said that in unlikely event they cant produce within 40 days they will write to me again. 40 days passed around a week ago. I am unsure what to do next as it does not look like they can provide the CCA and have not written to me as they said they would. What should I do next? I am tempted to make a silly F&F settlement offer so it is not hanging over me. Any help appreciated.
  4. I have response from Cabot to my CCA request. This is for Barclays loan (36K) which they bought in 2010. they do not have information on file and have requested said documents from original lender. they acknowledge the 12 day time limit but state they hope to comply with my request in 40 days, if the unlikely event that cannot obtain the information after 40 days, they will write again. original loan was 42K - do i sit tight and see if they produce documents or go for a silly F&F to clear up the matter on the basis they may take something now, in the event they do find the documents it may cost me a lot more in the long run ?
  5. Hi.. Just some quick advice on a bank account/od sold on to Cabot. Checking through my paperwork I can see it was opened in 2005 then defaulted and the last payment made was 1/11/2011. It was held for sometime by Yorks then sold to Cabot in 2009 who have held it since. They have now sold on to another DCA but question..is that Statue Barred with last payment in 2011 ? Thanks Jason
  6. Hi there, first post time and I'm hoping someone with way more knowledge than me might be able to help. I've a Lloyds loan from 2008 that was sold to Cabot they say I still owe £12k on I was making payments towards until April'17 I contacted Cabot for my CCA, waited 40 days then stopped payment, now just a few days ago they have sent me a reconstituted version which they say complies along with various copies of payments made to Lloyds and Cabot themselves. I've attached the CCA they sent me. All signitures and addresses are correct and the debt in no longer showing on my credit file, but I've no idea about the rest of it Can someone who knows about these reconstituted CCA's please take a look and let me know your thoughts as whether this is valid please and what migh optiosn might be? Last part of attachments Sorry, I've compiled them into one pdf an attached here. CCA-Recon.pdf
  7. Received a claim? Yes Issue Date: 15-12-2017 Amount approx: 1979.25 Claimant: Cabot Financial (UK) LTD Solicitor: Mortimer Clarke Solicitors LTD Original Credit: Capital One Particulars of Claim: 1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 08/10/2015 (the Agreement) CAPITAL ONE BANK (EUROPE) PLC agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was terminated, 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1794.25 Stat Barred? No Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request Have also file my defence. Well i had a letter back from their solicitors this is word to word and don't they proof check before sending out? also i know about Cabot Financial (UK) Ltd are unlicensed. Which means its an offence to under take debt collecting activity contrary to the Financial Services and markets Act 2000 and technically they aren't unlicensed they are unauthorised. "We confirm receipt of your defence. We can confirm that we acknowledged your request for documentation pursuant to civil Procedure part 31.14 and consumer credit act 1974, in the letter you sent to you on the 28/12/2017 (copy enclosed) In response to your assertion that our client is not authorised by the Financial Conduct Authority ('FCA'), the FCA register shows Cabot Financial (Europe) Limited permission as lapsed because, with the permission of the FCA, it has been made an appointed representative of Cabot Credit Management Group Limited. Cabot Credit Management Group Limited is a principal regulated firm and with the permission of the FCA, has .appointed its operational company, Cabot Financial (Europe) Limited, as appointed representative to perform debt recovery and/or debt administration activities on its behalf. Please find enclosed a copy of the Notice of Assignment and Statement of Account for your records. Our client's position is the documents provided evidences how the balance accrued and how a balance remained outstanding when the Agreement was assigned to our client. In response to your request for a copy of the Deed of Assignment, our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with its statutory obligations by sending you the Notice of Assignment in accordance with section 136 of the law of Property Act 1925. Furthermore, the Deed of Assignment is a confidential document client and the original creditor. We are instructed that the Deed of does not contain any personal details relating to you and is not disclosure. We can confirm that the remainder of your defense has been referred to your client for its instruction and we will contact you with a response as soon as possible. In the meantime, the Matter has been placed on hold." As you can see they are on about Cabot Financial (Europe) Limited, and not Cabot Financial (UK) LTD, also no Deed of assignment, or the original agreement, all they sent was the letter from capital one saying that they sold the account to cabot credit management group, and the letter Cabot sent to say they now own my account from Capital One and 3 pages of payments made to Capital one. What should be my next move? to me it seems they don't have the paper work to back their claim or am i wrong. And is there any other letters i can send to ask about the Deed of assignment and the original agreement?
  8. A google search led me here as I'm in the same boat as MadMat. I received a call yesterday, 21.11.17, from Cabot and the caller asked if I was free to speak to which I replied 'absolutely not'. This was true as I was just leaving for work at 07.45. Today I received a letter dated 17.11.17 saying they have recently confirmed I live at my address. I am in the process of moving house and can only think that the company that did the tenant referencing (I had to supply 10 years of addresses) passed my details on because I'm usually careful about sharing my details. I have had no credit cards or loans since 2006. I have held my hands up when contacted about my debts, had 3 CCJs, one now paid off, and 11 years on I'm rebuilding my life so this is ....! Would sending the statute barred letter not be acknowledging the debt and potentially open up another route to a CCJ? Also what is the link to the statute barred letter?
  9. Hi, I have read through a number of posts but only managed to confuse myself more, so thought i'd better just post. I have an old HSBC Current Account that I think was sold on in around 2000/2001 (memory a little hazy) to a DCA (but I cannot remember which one) and I paid them £1 a month. Around 2013 Cabot bought the debt and I continued to pay £1 a month. This was a joint account which they refused to acknowledge, said it was only in my name and they had no record of my partner on the debt - great! So fast forward to today. I stopped paying them in July this year, completely forgot as was paying by postal order - my own fault, and have since received the following letters: 05/10/2017 "Welcome to Cabot Credit Management Group that own your HSBC Bank Current Account. We have recently confirmed you are living at the above address and need to make you aware that we are now responsible for helping you manage your account and receiving future payments" Then a bit about contacting them etc. 22/10/2017 "We have recently confirmed that you are living at the above address. We do this through a variety of checks, so we're confident we have the correct address for you. We need to talk to you to arrange a repayment plan on your account; we can help you find an affordable solution. 06/11/2017 A bit about understanding how it's difficult to clear debt, we want to help etc then "We own your account and are prepared to reduce the balance in order to help you become free of this debt sooner. If you would like to take up this offer call us" I have a couple of questions: I have looked at other forum messages advising sending a CCA but I don't think this would apply to me as its a current account - is that correct? What would be the route for me to follow if I can't go down the CCA road? I've seen some info on pre 2007 agreements - does this have any bearing on my case? Can Cabot put the debt back on my credit file as a default, as i've stopped paying, even though its over 6 years old? I'm sorry for the long post and thank you very much for reading
  10. Hello everyone, I received a court claim dated 04 August 2016 for the sum of £1994.53. It is a claim put in by Restons on behalf of Cabot. Details of debt Original creditor: Sainsburys Type of dent : credit card Account opened: 7 July 2003 Terminated: 22 April 2009 Date of assignment: 27 November 2012 Last payment: 23 November 2011 Restons sent me a letter dated 15 July 2016 advising till 29 July to respond or they'll request CCJ. Sadly by the time I had access to the letter at my address that deadline had passed. I started getting calls from Cabot at all times of the day since last year but I didn't know who they were so I didn't respond. I do not recollect getting the notice of assignment from them. I am so terrified, what do I need to do now? Do I send a cca request to Cabot, I have seen the template on here. What are my deadline dates for responding to the claim court? Having a CCJ in place could harm my employment. Thank you. Please note I have read other threads, but not seen any that directly applies to my situation.
  11. Name of the Claimant ? Cabot Date of issue – 11/01/2016 What is the value of the claim? 846.37 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?credit card When did you enter into the original agreement before or after 2007? 2010 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? no Did you receive a Default Notice from the original creditor? yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? incorectly added ppi What was the date of your last payment? 06/09/2010 Was there a dispute with the original creditor that remains unresolved? yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a dm plan? no claim form issued on 11/01/2016 aos done cpr and cca sent 20/1/2016 letter recived stating i should already have documents in my possetion(i didnt so resent letter asking for them again) also giving 28 day extension 25/1/2016 got letter saying they didnt have all the information and would put proceedings on hold until they do 27/1/2016 6 months later they send the documents as requested question is is there a time limit between the start of a claim the where the claimant can ask for judgment as i have asked them via email 3 times if they would like me to enter a defence and they bypass the question and keep asking what my defence is sorry for long winded post thanks
  12. Hi I had a current account with Lloyds, opened 2002. I stopped servicing this account in 2015, with an overdraft of £1,900. The account was assigned to Cabot 9 months ago. When I was notified of this assignment I wrote to Cabot to verify that they had the rights of the account and were in a position to request payment. I requested from Cabot copies of the original agreement I would have signed when it was set up, the terms and conditions, a full statement of the account, the notice of assignment and the default notice. After a long wait they have written back stating: "we contacted Lloyds for further information. Unfortunately, they have been unable to provide a copy of the agreement as when your account was opened, they were not obligated to retain this information" they include a few statements from 2014 to present there was no default notice they included a copy of the assignment notice Without the original agreement and terms how am I able to proceed , I would like to determine the charges applied etc and understand the terms Can I request the statements from day one of the account, or should I SAR Lloyds? I don't recall receiving a default notice, so I would like to see a copy of this too. What is the best form of reply here? Cabot end their letter: "I believe the evidence provided verifies the outstanding balance. " does it? Thanks
  13. Hi, I have been receiving letters from Cabot regarding an old Mint credit card debt which I defaulted on in 2010, I made payments on this to Oct 2013 through a DMP with CCCS/Stepchange but unfortunately was made redundant and was unable to continue with my DMP. I am not sure at what stage Cabot got involved but I have not had any contact with the directly, their letters have included various discount options for payment. Today I received a letter from them saying as they have been unable to contact me they are instructing ResolveCall to visit to put me back in contact with them and I am worried about this person calling. Any advice on how to proceed would be appreciated.
  14. Afternoon All, I wonder if anyone could offer any advice with my partners issues he is having. He had a credit card with Hsbc that defaulted over 6 1/2 years. He continued to make a number of payments until he got into severe financial difficulty. The default dropped off the CRA reports in February this year He was then notified in June that Hsbc had sold the debt to Cabot Cabot are demanding monies, which we don't have, saying if we do not pay then as they brought the debt they will take him to court, default him again and inform the CRA. There have been a number of people telling him different things about what to do and who/how it can be enforced, however after googling this forum seems to be the best place for common sense. He is at such a low I really need to nip this in the bud if I can. Thanks Bee
  15. Hits all, I have a CCJ issued in January last year for a Capital One Credit card via Cabot / Shoosmiths. The Balance is around £1200 and I am paying it off at £50ppm. Unfortunately I hadn't found this site back then and didn't defend it. I don't have a problem paying the £50ppm I recently found some original capital one statements, it would seem that there might be some unfair charges. If I SAR Capital One and find this to be the case can I make a claim directly to Capital One for these charges, despite the balance been sold off and CCJ'd?
  16. Hi all I have an old Halifax credit card account opened in 2001. For the last few years Cabot has been trying to collect on a balance of £2097.60. I sent a SAR to Halifax, they sent me back a mountain of paperwork from which i found that the last time I made a payment to them was in 2006. Statements continued to 2014. There was no mention in the paperwork of transferring ownership to Cabot. There was also a copy of the original CCA. For the first few years I was paying PPI and the outstanding balance is made up of a lot of fees. However it is my understanding that the account is too old to query this. I sent a CCA request to Cabot. They replied saying they couldn't find it and that collections would stop until they could produce one. They sent me an unsigned word processed doc which would have approximated the real one - is this legit? Moorcroft are now acting on cabot's behalf and threatening doorstep visits and phoning at 8am everyday. This account does not show on my credit file. Just wondering what anyone else would do in this situation - should I make a f+f offer to Cabot? Moorcroft? Any advice would be thankfully received.
  17. Hi, All the debts are credit card debts. Had an offer of 85% off a £10914 debt owned by Equi Debt but didn't have the money, think they sold the debt on to Cabot. That was 4 years ago, Can these people take me to court & get a CCJ against me? Also an offer of 25% off from Allied International
  18. Hello I am new I would like your help . I have received a letter from Cabot finance via/with the letter heading Mortimer Clarke solicitors claiming I owe £ 1230.83 but not stating from whom I owe the debt to . They also claim that they obtained a court judgement against me on 29/02/2016 which I knew nothing about . The only debt that I can remember being this amount was for capital one in 1998 . Where do I stand on this please .
  19. Hi, Can anyone help please? To cut a long story short, I have a letter of Notice of discontinuance (N279) from back in 2015 from Restons. It states The claimant discontinues all of this claim, however over the last few weeks I have started receiving requests for payment for this alleged debt from Cabot. (I know Restons are Cabots solicitors) Do I continue to ignore these letters or send them a copy of the discontinuance and request they stop harassing me? Thanks
  20. I've just started receiving threat-o-grams from Cabot about a really old debt from my younger and more stupid days! This debt was defaulted on in the late 90's - I know as it was around the same time as I defaulted on several other debts and my flat and car were repossessed (yes I was really really stupid when I was younger) I know it's statute barred, but what's the best way to get rid of them? preferably stopping them from passing it down the food chain to another DCA too. I've tried ignoring them, but they are now trying to call me daily while I work and it's becoming annoying. TIA Mat
  21. Hello About 4 years ago I received a claim from Cabot for a debt of about £26,000 - I say about because the figure has varied in their correspondence. I made a CCA request and received no reply. A couple of years later I was contacted by Restons who threatened me with court action if I did not pay up. Restons took the case to court and I duly submitted my defence that they had not provided me with proof that I owed them any debt - nothing further was heard for about 12 months, the case having been automatically stayed. Restons then applied to have the stay lifted and applied to the court for a Pre-Judgement hearing which I attended in June of this year. At the hearing the judge ordered that: 1. Unless the Claimant do file and serve copies of the following in 28 days, i.e. by 17 July 2017, the claim be struck out: 1.1 Credit Agreement between the Defendant and Lloyds TSB. 1.2 Default notices in relation to Credit Agreement. 1.3 Deed of Assignment between Lloyds TSB and the Claimant (and any preceeding assignments). 1.4 Notice to Defendant of any assignment. 2. Costs of today and the application be borne by the Claimant in any event. 3. Within 14 days of service upon him of all the documents above, the Defendant do file an amended Defence. 4. The application for summary judgement is dismissed. 5. Permission to appeal refused. Restons have not provided me with copies of all the above documents. However, Restons have now made an application to appeal on the grounds that the judge erred. They have been given permission to appeal - the judge's order has been put on hold pending the appeal which is due to be heard this later this month. I would be extremely grateful for any help as to how to proceed. Do I need to attend the Appeal Hearing? And if so what would I need to do? It's only thanks to these forums that I have been able to defend this action so far.
  22. posted on behalf of a friend after checking her credit file because she was turned down for credit. it showed she had a CCJ. and has applied to for courts for it to be set aside on the basis she knows nothing about it today she has received a letter off cabots solicitors confirming it was for a mobile phone and papers were sent to previous address. it states that the is no prospect of setting this aside and invites her to withdraw her action whats the next step https://www.photobox.co.uk/my/photo/full?photo_id=10030744201[/img]
  23. Hi All, Cabot Group £231.13 Default date 15.1.15 OC Fashion World I received a so called reconstituted agreement from them, along with a letter saying they now consider the agreement enforceable. It looks like something a 10 year old could knock together on Word, but I was hoping someone who knows better than me could tell me if it's enforceable. Neither the agreement or the terms & conditions are dated, if that makes a difference. They also sent a statement of charges. About £30 of that £231 are interest charges ! Should I just sit tight and wait for a claim form or is there anything else I should be doing here. I have attached the documents, Thanks in advance cabotcca.pdf cabotccatc.pdf
  24. Thankyou for the speedy reply, your advice makes sense, Can I deal with Halifax first as they increased my interest rate from 9.5% 4 years ago to (not a special deal) 29.5% 1 year ago I have been fighting them by letter/phone and not winning on the 25th January 2009 I sent a letter with the £1 postal order using the 1974 Credit Act details I have seen posted, as of todays date no reply apart from a Formal Notice stating I am in arrears. Verbally I have stated that they are in default for not sending a copy of the original agreement, do I need to put this in writing,and what will be the next step on my part............ ......thankyou
  25. Hi guys, I have received a letter from Cabot dated 3rd October 2017, telling me that I have to pay my account with them , the balance being £ 7568.15. and that I can set up a payment plan at a sum I can afford. The original lender they say was Associates Capital Corp PLC. I cannot honestly say that I know about this debt, but there again at nearly 80 years of age the memory is a bit vague these days and it might be. But apart from that there has never been any contact or letters or even payments concerning this account in the past 10 years or more. I do have two payment plans with Cabot for Barclays debt where I have been paying a minimum monthly payment for about 10 years and never missed a payment in that 10 years period, yet this new debt has never been mentioned in that time. Any advice on what to do would be welcome thanks.
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