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Cabot & Morgan Solicitors please help


howzee13
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Hi

 

I have a debt which used to be with Yorkshire Bank, I had arrangement in place however in september 2008 it was passed to Cabot Financial so I cancelled my arrangement. I have never spoken to Cabot or agreed any re-payment plan.

 

I have since moved addresss but I have a re-direction setup so still recieve letters from my old address which is why I get the letters from cabot. The latest letter I recieved was on the 1st June from Morgon Solicitors (acting on behalf of Cabot) saying I have 1 month to contact them and am obliged to do so under the pre action protcols within the Civil Procedure Rules 1998. If I do not then legal proceedings will be issued against me without further notice.

 

If I didnt have the re-direction setup I wouldnt even know about these letters. I'm not sure if I should contact them or what to do.

 

Can anyone offer any advice

 

Thanks

 

Mark

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From what I can see on the CPR Pre Action Protocols

they are trying to exploit your lack of knowledge.

 

OFT Guide to Debt Collection

2.2 Examples of unfair practices are as follows:

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

 

Also out of the ten protocols on the CPR Link above, I fail to see anything that could be interpreted as 'being obliged to do so'

IMHO they are talking utter rubbish.

 

However, that's by the by, how long have you got your redirection for?

They always state that if you fail to contact them by such and such then fire and brimstone will rail down upon you, another empty threat.

Once the redirection runs out and the new occupier starts returning the letters, then they will try and trace you, once they find where your new address is, the threatomatic machine will just send you even more letters, possibly by another DCA who has bought the debt.:-|

 

It really annoys me that these companies enter into an agreement and just decide to sell the debt and pass it over to a DCA..:evil::evil::evil:

Quite rightly you have stopped payments to these snakes, I would ask the bank for their complaints procedure, and think about making a complaint to the Financial Ombudsman Service

Your obligation for the debt only lies with the bank not any of these DCA's.

Although I understand that banks will sell debts, so that they keep their books straight, they get a few pence in the pound by the DCA buying it, then they get another payment from their insurance.

And as the DCA has only paid say, 10p in the pound for the debt, they then claim that you owe the full amount, which is how they make their profit:mad:

Bloody riles me it does:-o

 

If it were me in your shoes, I would wait until they get your new address details, and in the meanwhile use this time to browse this site, print off your letter templates, and gain some very good knowledge and learn your rights where DCA's are concerned:D

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I would second that.

 

What business is it of the DCAs?

 

I would ring trading standards too

 

08454 040506

 

because it sounds like they are trying to bully you and take advantage of your lack of understanding of the rules which is contrary to the Consumer Protection Against Unfair Trading regulations.

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I would not advise ignoring any letters from OC or their appointed DCA!

 

Send a SAR to the OC and see if the debt is actually enforceable. They will add osts on if they have to search to find you and it doesnt look good if you get to court.

 

What is the debt for and how old? Have they issued a default Notice? The more info we have the more we can help:)

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Quote from Angrycat: " Think that howzee13 needs assistance from;

The Cabot Fan Club;" ..........and there was old Piers Morgan and Deano thinking we'd gone quiet!:D

 

Piers Morgan and Dean Spencer (brother to Frank) are the legal bods from the Hodsons Fools who set up the in-house legal team at Cabots and now go by the name of 'Morgans' - same idiots, different name.

 

Good advice from spartathisis, Get a copy of all your account from Yorkshire bank, agreements and statements and see that the balance is correct and that the agreement is correct and in order, no agreement - no litigation.

 

Write to Cabot with a copy to Morgans and tell them you do not acknowledge any debt with Cabot and that the account is IN DISPUTE, under the OFT Guidelines they then cannot proceed until the dispute is settled.

 

Once you have all your paperwork come back here and we'll talk you through it.

 

A word of Caution though with what Bazooka Boo has said with no offence meant to BB I'd just like to clarify this

 

Your obligation for the debt only lies with the bank not any of these DCA's. This is not strictly true. Cabot are a Debt purchaser and it is quite legal for a creditor to assign or sell a debt, if everything is in place legally including the correct amounts of money then Cabot do have a legal right to collect this and whether they buy it a 10p or 90p in the £ that is a commercial transaction between cabot and the Bank and nothing unfortunately to do with us, despite the way we feel about it. If this account has been sold then there should:

 

a) have been a Notice of Assignment letter from Yorkshire Bank sent to howzee13

b) a letter from Cabot stating they purchased the debt

 

(Some arrive in the same envelope as Cabot have a habit of writing both, if that happens keep the envelopes and letters as they come in handy later)

 

I do not believe charges can be added by Cabot unless an arrangement to pay has been established with howzee and then broken, watch that they don't start adding interest. When Cabot buy the debt they buy the rights to it under the original contract you had with Yorkshire, but they try to kid you they are not responsible under the CCA for their obligations as the Original Creditor, the OFT begs to differ...Cabot become as responsible as Yorkshire bank, Cabot tell you they buy the rights but not the duties of the Agreement which they purchased under the Law of Property Act 1925, something we have shot down previously. Don't let them get away with that.

 

 

Although I understand that banks will sell debts, so that they keep their books straight, they get a few pence in the pound by the DCA buying it, then they get another payment from their insurance.

And as the DCA has only paid say, 10p in the pound for the debt, they then claim that you owe the full amount, which is how they make their profit

 

- as I say, what Cabot paid for it is none of our business, they'll be lucky to have paid 10p in the current climate at any rate as it depends on so many factors, but their profits ain't what they used to be before CAG and The Cabot Fan Club existed, same goes for all debt purchasers, banks have wised up and the costs to the DCA's now has risen sharply. Not that I give a s**t, it's the DCA's practices we have been concerned about changing. So don't get hung up on what they paid for it, what should be happening is the banks work harder to look after their client customers and not selling these debts on for a pittance so I share BB's annoyance there.

 

then they get another payment from their insurance.

 

Are you sure about that? - Tell me more........

 

As for Postal Re-direction, did you know Royal Mail 'sell' that re-direction notice information on to what they call 'interested parties'? Well they do...I was told it was done as a service to us to save us having to write to everyone :mad:...what they do is forward/sell it to the likes of the DCA's and anyone else who might be 'interested' in knowing where you moved to so moving won't 'lose you' in the system.

 

Don't ignore these numpties howzee annoying though it may be as you'll find some Charging Order or defaults being added to your credit files as a result (watch them too..), write to Cabot and Morgans as I said and to Yorkshire as spartathisis says, take a read over the OFT Guidelines in his/her post and familiarise yourself with some of the Cabot advice and threads, some of which are linked in my signature then come back once you have more. There's some good advice coming on your thread so keep at it..

 

 

Sarah

Edited by andrew1
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I have now recieved a response pack addressed to my old address which is a court claim form with added court fees and solicitors costs of £165.00.

 

Do you know if I should respond to this, does anyone know what will happen if i dont.

 

Thanks

 

Ok, so you've got a blue court claim form.

 

It's very important that you respond to this and say you will be defending the full amount.

 

At the moment you only have to say that you will be defedning, your actual defence doesn't have to be in for 28 days.

 

It would help if you actually post what the particulars of claim say, leaving out anything that could identify you.

 

If you don't respond then they will win by default and you will get a CCJ

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You need to repsond to the court claim to defend the "whole claim" - this puts the onus on Cabot / Morgans to prove their case against you.

 

As Andrew/Sarah has told you - the key to this is gathering all the information that you can from Cabots/Morgans.

 

It would be a good idea to copy any letters you send to Cabots/Morgans to the court with your reply defending this claim. It will show the Judge you are trying to find all the info you need to enable these companies to support their claim.

  • Haha 1

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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Andrew1 has covered all bases here I think. Definitely state you are defending the whole thing. If Andrew1 is correct about the redirected post they may even know where you are now anyway and are again exploiting your lack of knowledge

 

You can't ignore this. Go through the letters they have sent you (if you've kept them) they should have a Letter of Assignment both from YB and from Cabot and YB should have sent a default notice.

The SAR to YB should show everything.Then use the court protocols (CPRs) against them. You will need to send a Part18 request at some stage but just hold for now.

You can't do any more at this stage than say you will defend in full and get the hearing moved to your local court. Once you have paperwork then let eveyone know and we can start puttinga defence together and asking Morgan/Cabot questions they won't like.

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