Cabot's Licence

[DonkeyB]

I have a house in Scotland if anyone's interested in a spare postal address... Oh that we could!

[Rhia]

Great balls of fire! Can you imagine how that little ruling has stopped a substantial part of the DCAs' collection activity north of the border in one stroke?

[ScarletPimpernel]

In Northern Ireland, whilst it is not a rule that the original documents must be submitted with the claim, the courts expect it.

 

The problem with introducing a similar thoroughly sensible rule in England and Wales is the Bulk Centre in Northampton, which is responsible for many DCAs getting away with shoddy paperwork.

[DonkeyB]

Well, the bulk centre is a fault in the system then - fee generation seems to be the issue there, rather than the interests of justice.

 

When you walk past that building in Northampton, you get feeling of seediness, not one of authority, trust or justice... just concrete.

 

 

(Blimey, I just spelt 'walk' slightly wrong - expect a cagbotting any minute...)

[Guest Mrs Hobbit]

Two of my ancestors were convicted at Northampton way back, it earned them a voyage to the tropics. Guess it;s in the genes to face the Judges of England hahahahaha. Now Donkey let's talk a bout a new abode north of the border....

[DonkeyB]

It's as north as you can get... and as west!

[vengeancedemon]

This is a fascinating thread and much information amd thought coming out

 

A question, if I may

 

Bearing in mind that whilst Cabot's licence is technically out of date, but they are still trading, how does that affect someone like FIRE? They show NO Consumer Credit Licence number on their letterheads, so initself does this mean that they are not authorised to chase debts?

[Redletter]

We are immune from Cabot in Scotland. They changed the rules in January and now if a bank/DCA wants to take you to court they must submit the original agreement when they submit the case. The courts got fed up with DCAs wasting their time. I taunted them with it knowing they could do nothing about it because I am thoroughly evil.

 

Would someone who moves up to Scotland therefore become immune or would it depend if the company chasing the debt is scottish???

[Rhia]

North and West Scotland Donkey? You must be on Lewis or Kyle of Lochalsh or thereabouts. Fabulous, beautiful but the winds that cut thorough are unbeleivable.

 

Would someone who moves up to Scotland therefore become immune or would it depend if the company chasing the debt is scottish???

Presumably it doesn't matter if the DCA is from England, Scotland or the moon - the courts appear to demand the original contracts (and quite rightly so).

[DonkeyB]

Lewis, Rhia... but I don't live there. Just have a house there. It's going to be my address for all my finances from now on

[Newborn]

This is a fascinating thread and much information amd thought coming out

 

A question, if I may

 

Bearing in mind that whilst Cabot's licence is technically out of date, but they are still trading, how does that affect someone like FIRE? They show NO Consumer Credit Licence number on their letterheads, so initself does this mean that they are not authorised to chase debts?

 

My initial search using title, name and company number showed no licence. I chased this with the OFT and a licence suddenly became visible on their website within hours. You have to put the details in very correctly.

 

FIRE Ltd licence number is 0496716.

[Newborn]

Lewis, Rhia... but I don't live there. Just have a house there. It's going to be my address for all my finances from now on

 

As I lived in Scotland when I took my (alleged) agreements out but lived in England when the (alleged) defaults took place I looked into this. As far as I was told it is the country where the default took place that matters, not where you reside now.

 

But any confusion you can throw in can only help.

[Pinky69]

If the agreement was taken out whilst you were resident in England then it is subject to English law. If you lived in Scotland when it was taken out then it is subject to Scots Law - simples.

[Newborn]

If the agreement was taken out whilst you were resident in England then it is subject to English law. If you lived in Scotland when it was taken out then it is subject to Scots Law - simples.

 

I didn't think it was that simples:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/124111-statute-barred-scotland.html

[Pinky69]

As I understand it, Scots Law would apply if you have made your residence permanently in Scotland. But where you move after an agreement was taken out in England, then English law still applies if an action was started in England prior to the move. I stand to be corrected.

[Guest Mrs Hobbit]

This is a fascinating thread and much information amd thought coming out

 

A question, if I may

 

Bearing in mind that whilst Cabot's licence is technically out of date, but they are still trading, how does that affect someone like FIRE? They show NO Consumer Credit Licence number on their letterheads, so initself does this mean that they are not authorised to chase debts?

 

They can still chase the debts being part of the Cabot empire,,,

[angry cat]

They can still chase the debts being part of the Cabot empire,,,

 

Agree.

All part of the:Cabot Group.

[Newborn]

They are a separate legal entity (a Ltd company), so can only operate in their own right. They cannot rely on other company's licences.

 

So cannot chase a debt as part of another company.

[ScarletPimpernel]

How many of the Cabot hydra are non-trading companies?

 

It seems to me that the OFT need to think about whether it is right to grant licences to non-trading companies (Cabot aren't alone in having several non-trading companies). By definition these companies have no staff, so one company can behave in a non-compliant way whilst pretending to work for a non-trading company, and not risking their own licence

[Pinky69]

In my view it is all to do with creative accounting and should be stamped on from a great height. All this getting approaches from different subsections of the same company pretending they are a separate entity is surely misleading and against the CPUTR. You may be interested that I sent the OFT one of my special letters blasting them for using S29 to delay renewing licences rather than taking action against rogue companies and I didn't get their usual "we note what you say." reply. They emailed me to say they hope to be able to give me a full response as soon as possible. I won't hold my breath on signs of any change.

[andrew1]

Triton are registered as 'Dormant' at companies House yet are a name used as a dca for Natwest/RBS. I was told that as they have no staff, no costs, no nothing, not so much as a paper clip then they can register the company as dormant for accounting purposes.

 

However, these 'nobody's' send out letters and make phone calls to debtors of said companies in the guise of being a dca, but as it is a 'department' of the bank and all costs are covered and paid by the bank they effectively 'don't exist' for accounting and reporting purposes registered at Companies House.

 

Does make a mockery of the transparency guise being banded about these days and is somewhat of a deception in my opinion.

[DonkeyB]

Mockery indeed. Mercers (Barclaycard) is registered as dormant, but it sends out an awful lot of letters. Wonder why they can't pay their own printing and stationery costs?

[cerberusalert]

However, these 'nobody's' send out letters and make phone calls to debtors

Yesterday upon the stair

I met a man who wasn’t there

He wasn’t there again today

Oh, how I wish he’d go away

 

When I came home last night at three

The man was waiting there for me

But when I looked around the hall

I couldn’t see him there at all!

Go away, go away, don’t you come back any more!

Go away, go away, and please don’t slam the door

 

Last night I saw upon the stair

A little man who wasn’t there

He wasn’t there again today

Oh, how I wish he’d go away

.(William Hughes Mearns)

[charlie*]

Long time since I heard that one, you old dawg

[vengeancedemon]

So, if FIRE are , accoding to their letter heads listing themselves as a limited (Ltd) Company AND they do not show/list the Consumer Credit Licence number quoted by Newborn on the Letterhead, I must presume that they are not legally entitled to pursue any account or debt?

 

This suggests offences under Admin of Justice Act (Section 40) Protection from Harassment Act (1997) sect 1 & 2 and the various elements of CPUTR plus if one was being really picky Fraud Act 2006

 

or am I being a tad optimistic as to their validities?