County Court Claim: Cabot Finance re: Old Welcome Finance Loan

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Ok thanks, I've copied letter from here an just sent that with £1 postal order an sent recorded delivery!

Will await a it a response from the other letters

thanks you

[FlamingParrot]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

They'll probably reply arguing they don't need to supply xyz because it wasn't mentioned on the particulars of the claim, however, they should still supply those items that are mentioned. It could only be 'fatal' if the intention was to try and enforce the CPR request via an Unless Order, as the extraneous bits would likely get the application dismissed and they would look to recover their costs as well. :mmph: How much is this claim for? If it was over £10k it would probably be an angle worth considering.

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

I have received a letter from Restons, stating that the last payment was 24 August 2011, I cant find this payment on my bank but there is one on the 4th January 2010. Which obviously means now that this is not Statue Barred

They state the loan was opened on the 22 November 2006. I know this to be untrue as I had been made redundant in June 2006, and had spent the summer off with my daughter and did not take another job until almost Christmas time.

I have sent the letter recorded delivery yesterday

[FlamingParrot]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

I have received a letter from Restons, stating that the last payment was 24 August 2011, I cant find this payment on my bank but there is one on the 4th January 2010. Which obviously means now that this is not Statue Barred

Was that an actual payment you made or just some other kind of transaction, adjustment, etc? It wasn't a £1 CCA request or £10 SAR fee by any chance, was it? Just trying to cover all bases.

They state the loan was opened on the 22 November 2006. I know this to be untrue as I had been made redundant in June 2006, and had spent the summer off with my daughter and did not take another job until almost Christmas time.

I have sent the letter recorded delivery yesterday

Without a copy of the credit agreement, how can they establish the exact date?

How much is the claim for?

You should also look at this new post: http://www.legalbeagles.info/forums/...736#post583736

It can't hurt! :grin:

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

I'm unsure......BUT I do remember at the time Welcome Finance kept threatening me with court, to which I kept asking them to do it!! As I was on income support and they should have stopped the interest on my account!

The claim is for £3711.90, the original loan was only for bout £800! After I got made redundant I told them I couldn't pay it and made a few nominal payments, they assure me that they had stopped interest on the account, obviously not

I have sent the CAA letter yesterday, I really have no idea until they give me some more information about this account!

So do I send those letters to anyone? Or include them in my defence? confused sorry

[FlamingParrot]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

I'm unsure......BUT I do remember at the time Welcome Finance kept threatening me with court, to which I kept asking them to do it!! As I was on income support and they should have stopped the interest on my account!

The claim is for £3711.90, the original loan was only for bout £800!

I was just wondering whether it would be over £10,000, in which case it wouldn't be allocated to small claims.

After I got made redundant I told them I couldn't pay it and made a few nominal payments, they assure me that they had stopped interest on the account, obviously not

Unfortunately many people have been doing this over the phone and have no paperwork to show they had agreed to freeze interest.

I have sent the CAA letter yesterday, I really have no idea until they give me some more information about this account!

Which they probably won't be able to dig up, at least not very quickly. ray:

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Do I send these letters, regarding their FCA lapsing? and what exactly does that mean?

[FlamingParrot]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

So do I send those letters to anyone? Or include them in my defence? confused sorry

]Do I send these letters, regarding their FCA lapsing? [/COLOR]and what exactly does that mean?

It means they shouldn't be issuing claims whilst not being authorised by the regulators. :grin:

If you look at the thread, you will find an email address before each paragraph, which is where you could send the wording by email to save on postage and hassle.

Re-quoting below for convenience:

A) To be emailed to: cabotcustomer@cabotfinancial.com

Subject :- Court claim xxxxxxx

Dear Cabot Financial (UK) Limited,

I am in receipt of court claim xxxxxxxx and note that Cabot Financial (UK) Limited are the claimant. I note that upon searching the FCA register that the license for conducting regulated consumer credit activities lapsed on 28/02/15. I would like to draw your attention to S39 of the consumer credit act which makes carrying on activities for which a license is required, without one, a criminal offence.

Yours Sincerely,

B) To be emailed to the solicitors, although I'm under the impression that Restons don't communicate by email at all, in which case you'd need to send an actual letter. Obviously replace the bits highlighted in red which reflect M1's particular brand of humour. :lol: :lol: :lol:

legalteam@yourfecked.com (the actual details will be on some communication or phone them up to get them, or post with proof of posting)Subject :- Court claim xxxxxxx

Dear Numbnuts,

In the matter of Cabot Financial (UK) Limited v me Ref #

I note that your client , the claimant, is Cabot Financial (UK) Limited. I note the claim form has been signed by Idiot1 and as is normal practice is accompanied by a statement of truth.

I further note that upon a search of the FCA register that the status of the claimants license is LAPSED and it did indeed lapse on 28/02/2015 which i note is before the claim was initiated and the said statement of truth signed by Idiot1. I would like to draw your attention to S39 of the consumer credit act which makes carrying on activities for which a license is required without one a criminal offence. It is also potentially contempt of court on behalf Idiot1 to sign a statement of truth for a court claim on which they cannot have had a reasonable belief in it's truth.

I would point out that the CCA s40 makes enforcement without a license impossible.

I await with interest your response.

Yours Sincerely,

C) To be emailed to the court: ccbcdefendants@hmcts.gsi.gov.uk

Subject :- Court claim xxxxxxx Cabot Financial (UK) Limited v ME

To the manager of the court.

Please put this letter before the judge.

I would like draw to the attention of the court that the claimant is carrying on regulated consumer credit business without a valid license. The FCA register number for Cabot Financial (UK) Limited is472690 and shows as lapsed and also that it lapsed on 28/02/15.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

This will obviously be a feature of my defence however due to the large volume of these claims i felt the court should be informed so any investigation deemed necessary, or not, could reduce the burden placed upon the courts.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court as they cannot have held an honest believe in the truth of the statement and i would ask that that particular matter be referred to the Attorney General.

Yours sincerely

D) Report to the SRA: http://www.sra.org.uk/home/contactus.page -> Select - consumer- other and proceed to step 3.

Subject - Criminal act - Consumer credit - Solicitor aiding

I would like to inform the SRA that (solicitor named on the claim form, if they signed as e.g. mortimer clarke solicitors just put that) have lodged court papers against me on behalf of Cabot Financial (UK) Limited. I appreciate that doesn't seem like a problem so please bear with me.

Cabot Financial (UK) Limited is, according to the FCA register for consumer credit, no longer a license holder and has not been since 28/02/2015. Registration number 472690.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court and have asked the court to refer this to the Attorney General.

Yours Sincerely

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Done and sent!

Wrote it in a letter to Renstons? as mentioned they don't reply to email

[FlamingParrot]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Done and sent!

Wrote it in a letter to Renstons? as mentioned they don't reply to email

Well done! :clap2: :clap2: :clap2:

Well worth a try IMHO.

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Has anyone had a reply from emails sent to court, regarding their Lapsed status?

Also if Cabot do not respond to my CAA letter, how do I proceed with my defence?

[nemesis45]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Has anyone had a reply from emails sent to court, regarding their Lapsed status?

Also if Cabot do not respond to my CAA letter, how do I proceed with my defence?

If there is no response to the CCA request do nothing, failure to comply renders the debt unenforceable until the agreement is supplied.
You can enter a" non compliance " defence.

If the claimant does not respond to your defence within 28 days the court can/will stay the claim you will not be informed if this happens and you will need to check with the court.
I'll not comment on the lapsed licence.

[FlamingParrot]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Has anyone had a reply from emails sent to court, regarding their Lapsed status?

It's still early days:

The emails also act as a safety net in that you won't be surprised if they pulled out authorisation under another guise (group license) although that is doubtful.

Don't rely on someone else getting a result because, unless the courts intervene after several emails land on someone who is switched on a la http://nebula.wsimg.com/e3da92cb966c...&alloworigin=1 , they'll plead ignorance in your case.

Also if Cabot do not respond to my CAA letter, how do I proceed with my defence?

There's no need to chase the CCA request because non-compliance is a bar to enforcement. Cabot will very likely respond saying it will take them 40 days or something to that effect. You still need to file your defence in time. If you've not received any documents when the time comes, you'll just file a generic defence based on that fact, examples can be found here: http://www.legalbeagles.info/forums/...t-Court-Claims :thumb:

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

Thanks for your help, will just sit an wait!!

I'll any letters I recieve thanks again

[BillyRay01]

Re: County Court Claim: Cabot Finance re: Old Welcome Finance Loan

I've been doing some digging around Companies House and the FSA register, to see if they are covered by a 'group license' and it would appear they are not!! :tinysmile_twink_t2:

My court papers clearly state Cabot Financial (UK) Limited as the Claimant,

And the directors of Cabot Financial (UK) Limited have personal status's on the FSA as inactive, wanted to see if their personal license for another company could carry over, but it seems none of them have an active license
Status: Inactive

(Reference number KJS01104)An individual (and some firms) that was previously approved to perform certain tasks in a regulated firm. These individuals and firms would have been described as 'approved persons' and the tasks as 'controlled functions'.

Cabot Financial (Europe) Limited	CFE, Cabot, Cabot Financial, CFEL, Morgan Solicitors, Morgans, Morgan, Cabot Credit Management, Ccm	Consumer Credit Interim	441205	IP issued
Cabot Financial (Marlin) Limited	Marlin, Marlin Financial, Bramber Debt Recovery, Marlin Credit Management, MFS, BDR, Marlin Financial Services, Bramber;Cabot Financial;Cabot	Consumer Credit Interim	537243	IP issued
Cabot Financial (UK) Limited		Consumer Credit Interim	472690	Lapsed
Cabot Financial Management		Firm	191425	No longer registered as an Appointed Representative
Cabot Financial Portfolios Limited		Consumer Credit Interim	661584	Cancelled
Cabot Walk Financial Advisors Ltd		Firm	401175	No longer registered as an Appointed Representative
Midland Credit Management India Private Limited	Cabot, Cabot Financial, Cabot Credit Management, Cfel, Financial Investigations And Recoveries (Europe), F.I.R.E., Fire, Midland, Mcm, Apex Credit Management, Apex	Consumer Credit Interim	661513	IP issued