Morgan Solicitors Re Cabot - What letter shalll I send?

[Helenatroy]

I CCA'd Cabot over a year ago (January 2008) and they were never

able to produce a CCA.

For a couple of months, I received their standard letters stating that

their client (can't remember who it was) was trying to locate the CCA.

Then at the end of March 2008, they sent me a letter stating that

the CCA couldn't be found.

They then invited me to contact their client direct if I wanted to,

to discuss matters with them - which I didn't.

 

Fast forward one year, and out of the blue I received a letter today from a company called Morgan Solicitors stating,

"your account has been transferred to us by Cabot Financial (Europe) Ltd who are administering your account on behalf of Cabot Financial (UK) Ltd.

 

It says to contact them as I don't have a repayment plan in place.

"This is to prevent litigation taking place"

 

Help please. What's my next move?

 

Surely they can't do anything with no CCA

Who are Morgan Solicitors? Are they genuine?

 

Thanks in advance.

HelenaTroy

[Helenatroy]

I've just googled Morgans and can see that they are the in-house

litigation Dept for Cabot.

 

Do I just ignore their threatening letter, or is there a template for a letter

telling them to bog-off as they've never been able to produce a CCA.

 

Thanks

HelenaTroy

[IdaInFife]

here ya go:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

 

 

ida x

[ScarletPimpernel]

Morgans are Cabots in-house legal team.

 

Just send them a short letter:

 

Dear Morons

 

I refer to your letter dated (date).

 

On (date) I made a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. Your clients wrote to me on (date) stating that they were unable to comply. You will be know that in these circumstances s.78(6) CCA 1974 applies, and I am therefore not sure why you have contacted me, and in particular why you are threatening to litigate over an alleged debt that is unenforceable.

 

Your attention is drawn to the Consumer Protection from Unfair Trading Regulations 2008, which considers that threatening legal action which cannot be taken is unfair.

 

Yours etc.

[ODC]

Morgans are Cabots in-house legal team.

 

Just send them a short letter:

 

You may also wish to report them to the Law Society and the Solicitors Regulatory Authority as well as reporting Crapbot to the OFT and TS.

[Helenatroy]

Thank you so much again everyone

 

HelenaTroy

[Helenatroy]

here ya go:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

 

 

ida x

 

 

I've sent this to them today.

What crap can I expect from Cabot/Morgans now?

[ODC]

I've sent this to them today.

What crap can I expect from Cabot/Morgans now?

 

This CRAP from CABOT

 

[Helenatroy]

This CRAP from CABOT

 

 

 

Is that true what Cabot state about the Administration of Justice Act 1970 section 40 being repealed?

 

HelenaTroy

[alfwithhair]

The CPUTR regs have amended s40 of the Administration of Justice Act as follows:-

 

13. In section 40 of the Administration of Justice Act 1970 F8 (punishment for unlawful harassment of debtors), after subsection (3) insert—

 

"(3A) Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.".

[Helenatroy]

The CPUTR regs have amended s40 of the Administration of Justice Act as follows:-

 

13. In section 40 of the Administration of Justice Act 1970 F8 (punishment for unlawful harassment of debtors), after subsection (3) insert—

 

"(3A) Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.".

 

 

I've gone an included that para about 'Administration of Justice' in my letter to Cabot.

Will that make a difference?

 

Thanks

HelenaTroy

[Helenatroy]

As it's now over a year since Cabot wrote to me saying that, at that

time, they were unable to obtain a copy of my CCA - and now out of

the blue, their in-house Morgan Solicitors write and demand payment or else legal action will commence - who is it that I complain to about Cabot?

 

Trading Standards : What address?

Financial Ombudsman?

Information Commissioner?

 

Who will hurt them most, if any !

[Helenatroy]

- who is it that I complain to about Cabot?

 

Trading Standards : What address?

Financial Ombudsman?

Information Commissioner?

 

Who will hurt them most, if any !

 

Anyone, please?

[izzitme101]

Do you still have the letter from cabot saying they cant find a cca?

if so, send a copy of it to the solicitors with a polite bugger off letter.

[ODC]

As it's now over a year since Cabot wrote to me saying that, at that

time, they were unable to obtain a copy of my CCA - and now out of

the blue, their in-house Morgan Solicitors write and demand payment or else legal action will commence - who is it that I complain to about Cabot?

 

Trading Standards : What address?

Financial Ombudsman?

Information Commissioner?

 

Who will hurt them most, if any !

 

You should send it to your local Trading Standards Trading Standards Institute - Home page

 

The FOS contact us

 

and the ICO https://www.ico.gov.uk/Global/contact_us.aspx