Jump to content


  • Tweets

  • Posts

    • Well done topic title updated. Please consider making a donation if not already.   Andy
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website.  select respond to a claim and select the start AOS box..  then using the details required from the claimform . defend all leave jurisdiction unticked you might as well file our SB defence at the same time. 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.    
    • Thanks now refer back to my link first task is to acknowledge service of claim...all the instructions are provided in my link above and must be completed by Tues 25th June 16.00...also see instruction re sending a CCA and CPR request in the same link. 
    • Guys, i just got a reponse back from BP. Result.   Thank you, everyone, for your advice and help on this; case closed.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Hairyman v Cabot Financial


hairyman
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6444 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

 

A few years ago I got into financial difficulty and ran up quite a few large debts. Most of these debts are now in the hands of debt recovery companies.

 

I have no objections to paying back the original creditors but I hate seeing these parasitic debt companies making profits from other peoples' despair and , after reading various posts on this forum have decided to fight back.

 

The account I have started with as a tester is a debt with Barclaycard, from whom I had not heard for around 5 years. Recently I received a letter from a company called Cabot Financial. They are demanding the full amount (over £2600) and advise me that interest will accrue. I sent them the template CCA letter which I found on this forum asking for a copy of the original agreement and I enclosed the statutory £1 fee. I sent the letter by recorded delivery and have confirmation from Royal Mail that it was received on 5/10/06. Today (7/10/06) I received the following reply:

 

Dear XXXXXXX

 

Account No. XXXXXXX

 

Thank you for your recent payment. We would advise that interest, where applicable, will continue to accrue on your account until we have a repayment plan agreed. It is to your advantage to contact us on the number above immediately to discuss your offer of repayment. If you have already made an arrangement then please ignore this letter.

 

Yours Sincerely

 

Alex Duncan

Recoveries Manager

Cabot Financial (Europe) Ltd.

Does anyone think that I should reply and point out that the payment was not against the alleged debt but to receive a copy of the original agreement, or should I wait?

:confused:

 

Regards, Hairyman

Link to post
Share on other sites

File this letter carefully but there is no need to respond to it. You have served a legitimate request for information which Cabot are obliged to send you. The £1 fee is for their administration costs and is theirs to do as they please. If they have set it against the account that's their choice.

 

However the clock is ticking and they have a few days to send you the requested information. If they default you will lodge a complaint with the OFT/Trading Standards and there is nothing Cabot can do to enforce the debt until they provide you with the details. If it goes to court you will be able to show the judge the letters you have received and point out Cabot's failure to provide the details and enjoy watching the scumbags squirm as the judge lays into them. Tha's still some way off, if indeed it ever happens.

 

In the meantime ignore this letter and keep watching the post and keeping us informed.

Link to post
Share on other sites

I always put in my CCA letters after the bit about £1 postal order "this amount is not, under any circumstances, to be offset against the alleged debt". I have read about so many companies doing this. I don't think it is incompetence , I think it is so that

 

1. They can ignore your CCA requests

 

2. They can start the clock ticking again on old debts.

 

3. Show the payment as your implied acknowledgment of the legitimacy of the debt.

 

I suggest that you write to them again and say "this letter confirms that I consider the alleged debt to be "in dispute" You also need to state quite clearly that you may report their actions to the OFT as they have utilised the payment contrary to your instructions.

 

There must be sooo many complaints winging their way to the OFT about Cabot.

 

I have not seen a thread yet where they have managed to produce the documentation.

 

Best of Luck

 

Sarah

Link to post
Share on other sites

Hi,

 

If you sent the template from this site, it states quite clearly that you dont acknowledge the debt. Also, as you sent it recorded you have proof of them receiving it plus their admision of receiving £1.00.

 

I would suggest that thier reply is to confuse you into admiting the debt.

I would ignor this letter and await the 12 and 30 day period to expire and take it from there.

 

Regards.......Turnaround

Link to post
Share on other sites

Is it possible that they could deny receiving the letter and state that only the postal order was in the envelope? They seem like the sort of company that may do something like that. Surely, if they were in posession of the documents they would just send the copies rather than sending out sarcastic letters.

Link to post
Share on other sites

Hi everyone,

 

I received the following letter from Cabot this morning:

 

Dear XXXXXXXX

 

Further to your previous communication regarding the above referenced account.

 

We have today contacted Barclaycard to investigate your query, and hope to resolve this matter swiftly.

 

Although we anticipate a reply within the next 21 days, it can take up to 8 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Yours Sincerely

 

Emma Robertson

Customer Relations Dept. ( I wasn't aware that I was a "customer")

Cabot Financial (Europe) Ltd.

 

Cabot Financial (Europe) Limited is licenced under the Consumer Credit Act 1974.

 

Any suggestions for my next move? Incidentally this letter arrived almost a week after their first reply but was dated a day earlier. Cabot wouldn't do anything underhand like backdating letters would they?

 

Regards

 

(Worried) Hairyman

Link to post
Share on other sites

I had a couple of accounts with Cabot - they have done exactly what they have done on this thread, allocated the £1 to the account, sent out the 8 wk letter, received my CCA's not bothered replying and have gone about 2 months past their dates when they became unenforecable. They are useless! Ignore them and they'll have to go away :D

Link to post
Share on other sites

I had a couple of accounts with Cabot - they have done exactly what they have done on this thread, allocated the £1 to the account, sent out the 8 wk letter, received my CCA's not bothered replying and have gone about 2 months past their dates when they became unenforecable. They are useless! Ignore them and they'll have to go away :D

 

Thanks for that. Would I be correct in assuming that the time limits for compliance are 12 working days until default then a further 30 calender days until the debt becomes unenforceable or have I misunderstood? Any help appreciated.

:-?

 

Thanks

Hairyman

Link to post
Share on other sites

Thanks for that. Would I be correct in assuming that the time limits for compliance are 12 working days until default then a further 30 calender days until the debt becomes unenforceable or have I misunderstood? Any help appreciated.

:-?

 

Thanks

Hairyman

 

 

You would indeed. Generally one takes the 12 days starting date to be two days after posting as the agreement, if you can call it that begins upon receipt of the fee and the request which is officially regarded as received two days after posting, so don't be too hasty to jump on them until those extra two days have passed. Two days / two years - wouldn't make much difference to Cabot :D

Link to post
Share on other sites

  • 2 weeks later...

Now that 12 working days have passed since Cabot received my CCA letter and are now in default as far as compliance goes, should I now contact them to remind them that they are in default or wait until the further 30 days have passed. Any opinions appreciated.

:confused:

 

Regards, Hairyman

Link to post
Share on other sites

Hello Hairyman, I have long passed the thirty days bit so they can't come after me til they get any paperwork and go to court. Don't write to them, they know or should know what they have to do. This is a waiting game now.

 

I wrote to them informing them that I now wanted my default removed, still waiting for a response.

Saxon

Link to post
Share on other sites

Just as a clarification, not that it'll make a difference to Cabot but it might for other claims, it is ONE MONTH - not 30 days.

 

Also, you might like to take a look at the maddyrose thread called Cabot Financial it's in the Other Institutions http://www.consumeractiongroup.co.uk/forum/other-institutions/11229-cabot-financial-6.html ( hoping to get it moved!) In post 115 I refer to the fact that Cabot Financial(Europe)Ltd wrote to me saying they have 'purchased' the debt so pay-up.

 

At the same time the debt was purchased, a company called Kingshill No1 Ltd ( a subsidiary company of Cabot Financial Holdings Group Ltd as is Cabot Financial(Europe)Ltd ) registered a default with all the CRA's for the same debt.

 

Now if anyone were to be trying to sue Cabot you could go a long way through the process of litigation only to find out the judge throws the claim out because you are suing THE WRONG COMPANY.

 

A number of us are looking into this a present but it is a whopper of a fopar if Cabot are doing this and they have 1) no right legally to place a default on your credit file from a company you have no agreement with 2) they have not asked your permission to process your data either through any Cabot names ( see above named thread) or Kingshill No1 Ltd 3) If a default by them has cost you higher interest rates there could be cause for claiming consequetial loss.

 

Watch the thread and this space...

Link to post
Share on other sites

Thanks Andrew1, had read that thread but not til after I had written.

 

the debt was purchased by Cabot Europe ltd

and the default is kingshill no.1 which is the other group.

 

would I have to CCA Kingshill no.1 as well?

Saxon

Link to post
Share on other sites

Thanks Andrew1, had read that thread but not til after I had written.

 

the debt was purchased by Cabot Europe ltd

and the default is kingshill no.1 which is the other group.

 

would I have to CCA Kingshill no.1 as well?

 

 

Can't see any point in CCA ing them, just write back and say " who the **** are Kingshill No1 Ltd.? :D

 

There are a number of issues we are looking at. The company set up, the fact that another totally independant company can put a default on to the cra files, the transfer of data processing between the two without permission from anyone, the relationship between the two companies. Kingshill is not another 'group'. I have listed on maddierose thread the names of all the seperate subsidiary companies under Cabot Financial Holdings Group Ltd - every one of them are like people - all totally seperate. Both Kingshill No1 Ltd and Cabot Financial (Europe) Ltd are independant companies and if you were to sue cabot you would have to really make sure the company you sue is the RIGHT company because you'll get the case thrown out if you get one word wrong. There's a whole load of different cabot names within the group so be extremely careful taking the information off the paperwork you receive from them as I wouldn't put it past this bunch of toerags to use any one of them to deceive.

 

Whatever they do I believe they are in serious trouble and will not be just getting a visit from Trading Standards but the Information commissioners too - I might even give them my writ to take with them too :D :D

Link to post
Share on other sites

Originally Posted by saxon

Thanks Andrew1, had read that thread but not til after I had written.

 

the debt was purchased by Cabot Europe ltd

and the default is kingshill no.1 which is the other group.

 

would I have to CCA Kingshill no.1 as well?

 

As andrew1 say's be careful. We have to check this out, but my gut feeling is that the scenario will keep changing. The dilema being, can you sue the group the DCA is in, and i suspect yes but as for a DCA within the other group I would say no.

andrew1...Good cautionary post.

Link to post
Share on other sites

As andrew1 say's be careful. We have to check this out, but my gut feeling is that the scenario will keep changing. The dilema being, can you sue the group the DCA is in, and i suspect yes but as for a DCA within the other group I would say no.

andrew1...Good cautionary post.

 

 

Which other group are you referring to Turnaround? I'm currently researching Cabot as a whole to see who owns what in what group because they have a variety of companies interlinked. I'll report back.

Link to post
Share on other sites

Which other group are you referring to Turnaround? I'm currently researching Cabot as a whole to see who owns what in what group because they have a variety of companies interlinked. I'll report back.

 

Thanks andrew1,

 

I was wondering if you have any information on a company called "European Collections & Investigations" (ECI). I sent them a CCA letter last week but the reply letter I got came from Cabot. ( The standard Cabot reply .. Thank you for your payment .. etc.) I am having a nightmare with this company but this will be a whole new thread. Didn't realise they were in bed with Cabot or part of the same company.

 

Regards, Hairyman

Link to post
Share on other sites

Not heard of them - can you give me the company number from the bottom of their headed notepaper.

 

Their details are as follows:

 

European Collections & Investigations

St. Andrews House

St. Andrews Road

Surbiton

Surrey KT6 4LX

 

The footnote on their headed paper says:

 

Credit Ancillary Services Limited trading as ECI. Registered office: Equity House, Ettington Road, Wellbourne CV35 9GA.

Registered in England & Wales No. 4239825

 

Regards, Hairyman

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...