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cabot/? claimform - old Cap1 'debt'


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hi group i hope this is the correct forum for posting this inquiry

 

On christmas eve i received a letter from northampton county court regarding a debt i once owed to capital one.

the debt agency acting on there behalf is cabot finance.

 

now im going to dispute this claim and will send the papers back to the court stating this is my intent for the following reasons:

 

i last made a payment on this account around late 2008/very early 2009

i have made no contact with capital one or cabot or any other debt agencies from then

and still not up to this present time so i think its statue barred

and they are chancing the fact i will ignore the court papers to get a ccj.

 

 

the reason i went into default was i had some issues back then and was homeless and living rough until early 2010.

 

now ive just done a noodle report and yes this is on there as a default starting in oct 2015 though?

no other dates on there when it should be defaulted for many years.

 

so what letters should i send to cabot finance

should it be denying the debt exists through staue of limitations

or should i be sending one asking for proof of the debt what payments have been made ect.

 

any help would be much appreciated many thatnks

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Thread moved to financial legal issues as the right people are here.

 

You can acknowledge receipt of the claim form online.

 

I would suggest you do that but not file a defence as yet.

 

We need dates of court claim and more accurate info regarding the dates of the debt.

 

By what you suggest, it may well be Statute Barred but before going there you need to put the questions to Cabot.

 

This isn't Bryan Carter is it?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Sparrow and welcome to CAG

 

If you could read the following link then copy and paste your responses here to enable the correct advice on how to deal with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

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I too have received the same, any advise would be much appreciated

 

 

mkblue

 

 

you need to start a new thread

 

 

of your own

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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BC has been having a run on SB debts of late, poor little mite, must have been handed a lorry load of lemons to chase.

 

As for the late entry on your CRF I would be looking at having them answer to the ICO for that.

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'm in the same situation and will be defending all the claim.

i have discovered that cabot financial (uk) ltd are not licensed to undertake debt collection activities.

THAT IS YOUR TRUMP CARD.

i have been intouch with FCA (financial conduct authority) and this is the reply....

"

Thank you for your email on 24 December 2015 regarding the authorisation of Cabot Financial (UK) Limited.

 

I have reviewed our financial services register and can confirm that the firm were authorised to carry out regulated debt collection until 28 February 2015. After this date they were not regulated to carry out the collection of debts for regulated financial products."

 

good luck and fight the power

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They are licenced. Their other company isnt which is the one you found

 

THey currently trade under the names Cabot Financial (Europe) Limited and Cabot Financial (Marlin) Limited

Basically the UK company buys the debt. Fully legit. Then they pass out the debts to their Europe arm, who then passes them out to their marlin arm for collection. As the UK arm owns the debts, they then instruct weightmans or similar to collect on behalf of the UK arm ( owner).

 

it's a proper mess, but sadly legit. It shows how consumer and debt collection laws need to be fully overhauled. Not overhauled upon the advice of peopel who actually own DCA's or Payday loan companies... *cough cough adrian*

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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yes, cabot financial (uk) lapsed. they are now cabot financial (europe), with interim permission. they wld need to send notice of such change, if applicable. then there is cabot financial (marlin) with interim permission (all according to the fca register). who is your claimant sparrow.

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The UK arm is almost always the claimant ( sometimes marlin), but its still sadly legit. as its the solicitor collecting on behalf of the arm with permission, and all gets pumped back to the owner.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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now ive just done a noodle report and yes this is on there as a default starting in oct 2015 though?

no other dates on there when it should be defaulted for many years.

 

..

 

thats prob inaccurate, seems shld be ending around then not starting. seems maybe they've put there name on it and incorrectly updated the default date.

post up the link info. take it from there.

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i'm in the same situation and will be defending all the claim.

i have discovered that cabot financial (uk) ltd are not licensed to undertake debt collection activities.

THAT IS YOUR TRUMP CARD.

i have been intouch with FCA (financial conduct authority) and this is the reply....

"

Thank you for your email on 24 December 2015 regarding the authorisation of Cabot Financial (UK) Limited.

 

I have reviewed our financial services register and can confirm that the firm were authorised to carry out regulated debt collection until 28 February 2015. After this date they were not regulated to carry out the collection of debts for regulated financial products."

 

good luck and fight the power

 

 

you need to start a new thread

 

 

of your own if you want help.

 

 

as for cabot and their licence

old wives tales that's been doing the round since last march

for some reason a certain band of people keep spamming cabot threads and other forums claiming it blows their court claims out the water

 

 

IT DOES NOT.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no we just had a visitor following & giving some poor advice/info

let hope they come here for the correct help

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Cabot financial (uk) ltd are the ones who are taking me to the small claims court.

The FCA have confirmed that they do not have a license for debt collection activities.

If you dont beleive me then check the FCA register.

I will be using that as part of my defence.

 

Be sure to let us know how you get on with that.

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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  • 2 weeks later...
no we just had a visitor following & giving some poor advice/info

let hope they come here for the correct help

dx

OP hasnt been back! :)

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urm..not been on since an hour after starting the thread

could be a plant I suppose.

to enable those after to peddle the doubt about a claimant right to issue a claim in the wrong name.

 

 

not the only forum getting these posts either I have since been told.

 

 

up garden path lead people

till they forget to file a defence..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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which was ...

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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in a nut shell....

To date i have not received an acknowledgement of my CPR31.14 request

and that

i emailed the Financial Conduct Authority, who confirmed that the claimant, CABOT FINANCIAL (UK) LIMITED, have not been authorised to carry out regulated debt collection since 28/2/15

 

Not that it was statute barred...?...All the above is irrelevant...nor a defence.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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