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  1. Hello everyone, In 2009, I got a job in another country and moved away from the UK. I informed my bank of my relocation, but allowed them continue to send my post to my old address because I visited the address whenever I returned to London from time to time. In 2012, I requested that the bank begin sending all correspondence to a new UK address where my wife's family resided and where I would have more regular access to post. In late September this year, a resident at my former apartment (who happens to be a friend of mine) informed me that I had numerous letters there. Upon retrieving them, I found that Mortimer Clarke Solicitors had filed a CCJ application against me. MCS is acting on behalf of Cabot Financial (UK) Limited. CF had issued me a credit card through my bank Citibank (who was also my employer at the time). There was an outstanding debt on this card that I had neglected to pay whilst away. MCS had been attempting to reach me at my old address and had taken action since I had not responded. I took a few days to read through the various letters they had sent me and research the implications of a CCJ. I then contacted them by email to explain the circumstances above, but they informed me a default judgment had already been obtained on 15/09/2016 ordering me to pay £50 a month. I would like to pay this debt and have my record clean again. The total debt is £3308, so at this rate it would take 67 months to clear it. As £3308 is a rather large sum and I cannot afford to pay it all right away, I would like to offer them a lump sum payment of £2000 or maybe £2500 (if I can stretch that far), on the condition that they will consent to having the CCJ set aside. I have not made any proposal or payment to them yet and I realise that the one-month window for payment to clear the CCJ has already passed. I understand that I may be able to have the CCJ set aside whether or not they consent if I can prove my circumstances, but I do not want to have to deal with the court proceedings. From what I have read, if both parties consent to having the CCJ set aside and both parties are represented by legal counsel, the set-aside would be routinely carried out through an administrative procedure, not requiring the discretion of a judge. This sounds to me like the set-aside would more or less be automatic in such cases, so this is my preferred route. So, my question is how do I make this happen. More specifically: 1. If I make this proposal to MCS and they agree, they might ask me to pay the agreed sum before beginning the process. Could this affect the set-aside in any way? 2. Is it out of the ordinary to propose to pay after the set aside has been obtained? 3. If they consent to my proposal what legal paperwork needs to be filed? 4. Who is expected to file this paperwork — defendant or claimant? Can I request that they file the paperwork as part of our settlement agreement? 5. Is my understanding correct — that a set-aside by consent where both parties are represented by legal counsel is carried out routinely without the requirement of approval by a judge and therefore is automatically approved? I just want to get this matter resolved and have my file clean. I am still working and living abroad, so I will be unable to attend court appointments, hence my preference for an automatic route and for not filing paperwork myself. If you kind folks can answer the questions above and possibly provide any additional insight on the matter and process, I would be very grateful. I need to decide and act quickly — I would like to have this resolved by the end of the month. Thanks in advance.
  2. I'm having a rather lengthy game of Letter Tennis with Cabot financial (Europe) Ltd at the moment.. The Debt is mine. Having run into difficulties, and being a little stupid.... Anyways.. Please dont judge me.. I have been unemployed since March due to redundancy.. They have provided a signed CCA.. I'm stretching this out as long as possible for financial reasons. Now the question is, there is no record of a Default being issued. Nor can they provide proof the a Default was issued, yet they have placed on on my credit file.. Is this "legal".. Do I have grounds to contest the debt as the Default cannot be substantiated.?
  3. I have discovered a Debt Collection Agency, called Cabot, has recently put a default on my Credit Report. Do I write leaving the ball in their court or take the matter further with Credit Reference Agency? I have NO letter informing me of them taking over the debt or knowledge of the debt until I applied for a Credit Union loan? Past 2 credit checks came back clear, in a check for HP item and Rent application so Cabot have only recently 'stuck' this on my record. I have stayed at my address for over 6 years and have no knowledge of payments being made in that time or where the debt originated.
  4. Having successfully sent the mother company Cabot packing, they have now brought out the pop-guns against me in the form of a letter from FIRE Ltd. So I did a couple of the usual checks on them. First Companies House: 'Kings Hill (No 2) Ltd' company number 03959268 became 'Financial Investigations and Recoveries (Europe) Ltd' company number 03958421 on the 14 March 2005. Of course the registered address of Kings Hill (No 2) Ltd as we all know is .... 1 KINGS HILL AVENUE KINGS HILL WEST MALLING KENT ME19 4UA Next The Information Commissioner's Office: Registration Number: Z511230X Date Registered: 11 January 2001 Registration Expires: 10 January 2010 Data Controller: FINANCIAL INVESTIGATIONS AND RECOVERIES (EUROPE) LIMITED Address: C/O CABOT FINANCIAL (EUROPE) LIMITED 1 KINGS HILL AVENUE KINGS HILL WEST MALLING KENT ME19 4UA Now the interesting bit: When applying for a data controller licence, it is the applicant's duty to keep the record up to date. Not to do so within 28 days of a known change is a criminal offence. In accordance with the rules quite clearly laid out on the application form: Data controller address If you are a limited company you must provide your registered office address. In all other cases you must provide the address of your principal place of business. If there is no place of business (e.g. for a small local voluntary body) you should provide the address of the official who has completed the form. Now, according to their letters and Companies House, the registered address for FIRE Ltd is Unit 5 Mitchell Court, Castle Mound Way, Central Park, Rugby, Warwickshire. CV23 0UY. Therefore the address for FIRE on the ICO website, which should be the registered data controller address (I've checked with them) is wrong. I have sent a letter pointing this out to the ICO. What I don't know is if this invalidates their data controller licence, so making their actions in processing my (or anyone else's) data unlawful whilst this address remains unamended.
  5. Hi all, a debt from just under 6 years ago popped up on my credit report which I am currently cleansing, apparently regarding a credit card that I don’t even remember having! I have requested a CCA with evidence of a signature but they have come up with something 30 days later claiming it has an E-Signature on it which to me proves nothing. The debt is only for about £578 I’m considering making them a 10% offer just to get them off my back as I’m a bit bewildered with what to do in these circumstance and it’s not really covered a lot in the forums. Is this a new tactic?
  6. Dear All, I need your advise, I was taken to Court 4 years ago by Cabot Financials and I won, the case was dismissed. Now Cabot is back writing threatening letters demanding payments and even passing on the accounts (the same ones they were defeated on) to external collection agency. What I want to know is can I drag Cabot back to County Court and claim compensation for harrassment and possibly contempt of court? is there a provision in law for this type of action? Thank You
  7. Greetings CAGers I currently have three defaults on my credit score. In an attempt to improve the score, I wrote requesting an SAR to two companies responsible for publishing the defaults last week and got one response back from Cabot who had handled a Barclaycard balance, now settled in full. I attached the letter here for the benefit of CAGers similarly affected and for those who have the knowledge and experience to suggest a response to the letter http://s255.photobucket.com/albums/hh128/leonardo4455/Cabot%20Default%20Removal%202012/?action=view&current=CabotDefault2012.jpg. All replies will be gratefully accepted. Thanks in advance Mihail
  8. Hi everyone, Would really appreciate some advice on what to do next... Husband and I applied for a mortgage back in May this year and it was declined, so I checked my credit file and noticed a default had been placed by Cabot Financial (UK) Ltd. Balance was around £1100. Started Nov 2004 Defaulted on April 2007 I was not living at the address at the time they appled the default, so I did not receive anything from Cabot warning me about it. First I knew was when I checked my credit file. Haven't a clue what this debt is. Having no idea what it was for I contacted Experian and their fraud investigations team contacted Cabot on my behalf. Cabots response to Experian was that they had now passed on the debt to 'Scottcall' and that I should ring them. Surely if I'm disputing the default Cabot have placed it is up to Cabot to investigate? I can't believe they have fobbed Experian fraud investigations off so easily. So, I'm not really sure what to do next. I thought they had to notify me in writing before they could place a default on my file for 6 long years? I have been looking at other posts here and considering going down the CCA letter route, but that would then give them my new address and I don't really want these people to have it. We are now stuck paying interest on the deposit we've taken out and having to pay rent until I can get this default removed. Banging head against a brick wall now, not sure where to go with this or how to proceed . Any help would be much appreciated.
  9. Hi all, I'm writing this on behalf of my partner who is sitting here looking very worried and stressed... I was hoping someone could give me some advice whether good or bad! We received a letter today from Cabot Financials asking us to contact them. My wife phoned them back, they checked her details and then asked if she remembered having a current account with Barclays. She acknowledged that she had one quite a few years ago, when they told her that they had bought the debt of that current account. They've said that the account was opened in 1999, and went into default in 2007, just after which they claim a payment of £135 was made. They are saying that the value of the debt is now £2150, but they will be willing to settle on £1950, but we said no. They are calling back tomorrow to discuss how much they will accept, as we started discussing what payment plans would be possible. We have also asked what the process is to obtair our original agreement - which they will let us know tomorrow. I just know that the majority of this debt will be those horrible £25 charges for being overdrawn every month, but have no statements to prove it. I don't know what our options are, if any, so any and all advice is appreciated, particularly since it has made my wife sick and teary Plus she is pregnant so I'd rather she wasn't stressed!!!! Thanks everyone.
  10. Hi, I took a loan with Lloyds in 2003 for £10,000. I started missing payments and eventually the loan was passed to DCA, Cabot Financial. Since 2007, I have been making regular payments to Cabot Financial. I have managed to bring the balance down to just a little over £6,000 now. I called them and made a full and final settlement offer of £3,300 after going back and forth multiple times! I told them I was not making any payments until I received a written confirmation accepting my offer in figures as a full and final settlement of the money owed to the account. I also wanted the letter to mention the credit agency will be updated as paid in full. The advisor told me a letter was on its way to me and that once payment had cleared they will write to me again confirming the account is settled and closed. He also mentioned the credit agency will be notified and account will be marked as "satisfied" I wrote to them before with a final settlement but they replied with a much higher amount. As long as I have their letter accepting my offer I should be safe? Can anyone see any problems with this? I don't trust DCA and know they will use tricks just to get the money. Like the advisor wanted me to pay straight over the phone without any written confirmation! I also noticed that the loan in not displayed on my credit file anymore, this might be because it is over 6 years old. How can Cabot Financial mark the loan as "satisfied" if it is not on my credit file anymore? I will scan the letter and upload here once I receive it. Thanks in advance.
  11. Hi, Back in Janurary / Feburary i got lots and lots of calls from various numbers. After a quick google of the numbers i found they where from Cabot. Thinking this was just a [problem] or somthing i simply ignored them. Then at the start of march they sent me a letter saying i owed them money for a debt to Barclay Finance. I honestly had not heard of any debt before this letter arrived. After another quick google i found that Barclay Finance took over Clydesdale Finince a while back. Now them i have heard of as they underwrote the credit for a bed i bought at dreams. This was, i thought, paid off in the middle of 2008. As i had not heard of the debt before now I sent them a CAA request on the 21 March 2011 and it arrived at their address by recorded delivery on the 22nd. It was a template I found on this site. I heard nothing for a while and then they sent me a letter saying that they had requested the documentation from their clients but there is a delay because it is deep in their archives!!. Hmmmm As of today 13 April 2011 i have still not heard anything else from them or recieved any evidence of the debt they say i owe. However i had an credit check done the other day which showed a default on my account, that default is by Cabot Financial and was updated on the 10 April 2011. They have updated my credit file even though they have not proved the debt exists yet? What is my possition on this, what is my next step? Any suggestions? Thanks for any help on this.
  12. I wonder if anyone can offer me some advice. I applied to start training with the instructor college back in summer 2007, as my credit wasn’t great my Mum agreed to sign as a guarantor for the interest free finance with Barclays to pay for the course. We later realised this wasn’t actually a guarantor contract, but that she had signed completely for the loan. I attended my 2 first lessons at the college before choosing to leave as I felt they had given us very misleading information in the welcoming tour and the course did not suit my needs. I was told it would be easy to fit around my part time working schedule, I could complete it within 6 months and then be earning £30,000 a year, all of which was very untrue. The course was so overbooked I had to book each session 3-4 weeks in advance which could not work. So I began writing letters to them to request withdrawal and cancellation of the contract due to the course not being fit for the original purpose described to me. And of course they ignored me for some time, before replying with an unreasonable letter which basically said NO. Few years down the line, things are not so great. After the 12 months interest free period was up Barclays finance literally doubled the amount from £3495 to £7000, it was a very dodgy and unfair contract we later realised but we started to pay it. Unfortunately I had become a victim to my own young naivety and drawn to the unrealistic lifestyle they sold us. We stop paying as I decided we should dispute it. Now they have sold the debt onto Cabot who are sending my Mother threatening phone calls and letters. Before the debt was sold I originally asked the college to provide the original contract as advised by a friend, but they throbbed me off and after speaking to a secretary on the phone I realised they didn’t have it. I am wondering how much power this will give me? I want to resolve this as efficiently and effectively as possible, as it involves my Mother’s name. Thanks to the advice I’ve got so far on here I am learning how to deal with this. I have prepared a CCA letter to Cabot, in the meantime I was wondering if anyone can spare any advice on how I can challenge this debt. If I were to accept it I find the added interest incredibly unreasonable and am not willing to pay it. But I also want to challenge the original lending for £3495 for the same reasons as above. Does anyone think this is achievable? Any advice you could offer would be much appreciated. Thank you so much for your time, Pure x
  13. mcclean40

    Cabot and MBNA

    Hi I currently have debts with Cabot (from Egg) and MBNA (virgin CC) being paid back through a DMP with CCCS. In the last 2/3yrs I have paid back £5000 and have the following left: MBNA £2815.09 Cabot £793.55 I have only just learnt about FFS's and although I have next to nothing to offer, I read they sometimes accept as little as 20% so could possibly look to clear the Cabot debt with around £160. Do I have to offer MBNA anything? Is this worth doing? Is there anything I should know apart from the usual keep copies of letters, ensuring they mark the debt as cleared etc? Is there any alternatives I could try to get rid of some of this debt!? Many many thanks!
  14. Hello all, I've just joined this site in the hope to find some help from people in the know. I was contacted by Cabot Financial back in October and they are stating they have bought an old debt of mine from CITI and that I owe them £127.54. I recall have an account with CITI that did go into arrears back in 2002 but I did pay back £600 to them in December 2004 and from I can remember that was the end of the matter. Anyway, I asked Cabot to send proof of this alleged debt and I would take it from there. Surprise, surprise no proof has turned up either by post ot by email which I kindly invited to send it via. Since then I've been receiving letters from Cabot in a form of a statement saying 'this is a statement of your agreement with us' (What agreement!) and that I have 'failed to make a minimum payment' which has seen the final balance rise to £130.00. They contacted me again this morning and where quite fiesty saying I really should pay up now or my account will go into arrears and I'll have problems getting credit in the future. They went to to say that if I pay up now they will update my credit file. However, I swiftly pointed out that there was no record of the debt on my credit file as I check it via Experian a few weeks back. I re-iterated my point that you have to send proof of the debt and I am right they have to send the copy of the orginial credit agreement? This i asked for on the phone and they said they will send via email, which going by their previous form probably is not going to happen. So where do I actually stand in all this and what do I need to do further to address the matter? What are Cabot legally allowed to do and of course are not. It seem cabot are just a bunch of low-life bullies. Thanks
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