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

[BillyRay01]

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

Received an email today from SRA, with a report form on, regarding Cabot lapsed status. Should I fill this in?


Report form

This form is to help you make your report about the professional conduct or regulatory concerns about a person or firm regulated by the SRA. The information that you provide will assist us to regulate in the public interest and deal with your concerns quickly.

For all other enquiries or complaints, please refer to the services listed at the end of this form.

You can complete this form electronically or print it and fill it in manually.

Please return this form to:

Solicitors Regulation Authority
The Cube
199 Wharfside Street
Birmingham
B1 1RN

Or email it to report@sra.org.uk with any supporting documents

In all cases please tick the relevant boxes.

Contact details

Mr Mrs Ms Miss Other – please specify

Your surname:

Your first name(s):

Your firm (if applicable):

Your address and postcode:

Your contact phone numbers(s):

Your email address:

If you have a disability, and require any assistance or adjustment in making this report, please tell us here:

Details of your report

Name of the person you are reporting:

Name of the firm:

Firms’ address and postcode:

Firms’ phone number:

Has the person you are reporting acted for you in the past? It is important for us to know if you are complaining about someone who is or has acted for you as your solicitor. Please note that if you want to complain about the service that you received from your solicitor, you need to contact the Legal Ombudsman directly – see contact details as the end of this form. a) Has the solicitor’s firm acted for you in the past about this matter? Yes No b) Does the individual you’re reporting to us act for another person? Yes No If the answer to the above question is “Yes”, who is the solicitor acting for?

Please describe your concerns as clearly as possible, using dates where applicable.

Please send in copies of any relevant documentation that supports your report together with a copy of this form. Without this supporting evidence, we are unlikely to consider the matter further. Please do not send us any original documents or paperwork which does not specifically relate to the allegations in your report. Your signature: Date: We recommend that you keep a copy of this form before you send it to us.

Data protection notice We will use the information you give us to assess your report and in serious cases to investigate your report. We will not use that information for an unconnected purpose without your permission. We may have to reveal your information to the firm or person that you have reported. We may also have to reveal that information to our agents (people acting on our behalf) and others involved in: · Regulating the legal and other professions; or · Law enforcement generally. To help us maintain a record of solicitors’ professional details, we will have to keep your information after we have dealt with the complaint itself. If any of the information you have given us is sensitive, or personal under the Data Protection Act 1998 (for example, information about your health), you agree to us holding that information. You can apply to us for a copy of your information (for which we may charge a fee), and to have any mistakes corrected. You should contact our information compliance manager at: Law Society 113 Chancery Lane London WC2A 1PL Email: informationcompliance@lawsociety.org.uk

[nemesis45]

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

Perhaps I've missed something so excuse me if this is so!

Why a complaint to the SRA regarding Cabot's " lapsed" permissions?
Cabot is not a firm of solicitors.
Cabot instructs firms such as Restons and Mortimer Clarke are you complaining
that Cabot cannot instruct solicitors therefore the solicitors cannot issue claims
for Cabot?

nem

[BillyRay01]

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

I just sent this email, that another member said to send?

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.

[nemesis45]

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

Thanks Billy,
You have the form now complete it and send.

nem

[BillyRay01]

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

Thanks :-)

Is there anything specific I should say, where is asks for my concerns? I'm unsure what to put, as just going from advice on here

Thanks

[Amethyst]

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

[MENTION=5354]mystery1[/MENTION] [MENTION=551]pt2537[/MENTION] - just tagging so they can look in and give you a hand.

[mystery1]

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

I would like to report x for issuing court papers and furnishing them with a statement of truth which they cannot have held an honest belief in thier truth. The claimant, according to the FCA register, has not held a license for regulated consumer credit activity since 28/02/15. The claimant has a duty to know this, as i understand it, and should be investigated. I have also asked the court to refer the matter to the attorney general for potential contempt of court.





Something like that. They may do nothing but they certainly will if you don't ask.

M1

[FlamingParrot]

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,

Indeed that seems to be the consensus, that they are NOT covered: http://www.legalbeagles.info/forums/...591#post585591

Received an email today from SRA, with a report form on, regarding Cabot lapsed status. Should I fill this in?

Cabot are not a law firm so they are not regulated by the SRA, they are regulated by the FCA who is in charge of consumer credit licensing, the SRA only regulates solicitors and law firms.

I just sent this email, that another member said to send?

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.

That would be to report the firm of solicitors acting for Cabot rather than Cabot itself. In this case Mortimer Clarke, which is fine, however, your post above referred to reporting Cabot to the SRA which wouldn't be applicable.

[BillyRay01]

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

I received that message from SRA, after posting on their website, the complaint was about Reston's Solicitors and not aqbout Cabot. I sent the message but changed the names, to show the right solicitors and cabot financial UK

I sent one to Cabot, and one to the courts too, which was posted, on the post?

[FlamingParrot]

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

I received that message from SRA, after posting on their website, the complaint was about Reston's Solicitors and not aqbout Cabot. I sent the message but changed the names, to show the right solicitors and cabot financial UK

Ah, a bit of a confusion with all the posts above :sorry: but we are clear now. :thumb:

I sent one to Cabot, and one to the courts too, which was posted, on the post?

That's fine, did you also send a letter to Restons themselves? I think we discussed somewhere that Restons don't accept emails.

[BillyRay01]

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

Sorry that's me, and monday morning head

Yes I posted the letter to Reston's last week and sent recorded delivery.

I have to submit my defence 2nd November, so will see if have anything through the post this week from them

[BillyRay01]

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

I've received an email back from the courts, regarding the status lapsed email i sent:

Good Morning

Thank you for your e-mail.

The court has received your acknowledgment of service, you may wish to file a defence within the timeframe to avoid the claimant requesting judgment.

If you think that a claim has been issued against you incorrectly you may apply to strike out the claim using the N244 ‘Application Notice’.

If you wish to apply please read this letter and the enclosed notes thoroughly before sending the application to the court as incorrectly completed applications will be returned to you. There is £155.00 court fee to process the application, payable by cheque or postal order to HMCTS. If you cannot afford to pay this fee you can check if you are eligible for help with court fees by downloading the EX160A booklet or using the enclosed EX160 guidance notes. Alternatively you can contact our helpdesk on the number above to pay by credit / debit card. If you have already paid the application fee you can file the completed forms via email at ccbcfees@hmcts.gsi.gov.uk. Card payments for application fees can be taken by contacting the Helpdesk on the above number between 9.30 and 3.15, Monday – Friday.


Please note, an application to strike out the claim is not automatically granted. The outcome of your application is at the discretion of a Deputy District Judge or a court appointed Legal Advisor.


I hope this assists you with your query, but should you require any further assistance, please do not hesitate to contact us.

[nemesis45]

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

I've received an email back from the courts, regarding the status lapsed email i sent:

Good Morning

Thank you for your e-mail.

The court has received your acknowledgment of service, you may wish to file a defence within the timeframe to avoid the claimant requesting judgment.

If you think that a claim has been issued against you incorrectly you may apply to strike out the claim using the N244 ‘Application Notice’.

If you wish to apply please read this letter and the enclosed notes thoroughly before sending the application to the court as incorrectly completed applications will be returned to you. There is £155.00 court fee to process the application, payable by cheque or postal order to HMCTS. If you cannot afford to pay this fee you can check if you are eligible for help with court fees by downloading the EX160A booklet or using the enclosed EX160 guidance notes. Alternatively you can contact our helpdesk on the number above to pay by credit / debit card. If you have already paid the application fee you can file the completed forms via email at ccbcfees@hmcts.gsi.gov.uk. Card payments for application fees can be taken by contacting the Helpdesk on the above number between 9.30 and 3.15, Monday – Friday.


Please note, an application to strike out the claim is not automatically granted. The outcome of your application is at the discretion of a Deputy District Judge or a court appointed Legal Advisor.


I hope this assists you with your query, but should you require any further assistance, please do not hesitate to contact us.

That's the way the system works the application and the reasons given for making it the gets before a judge who
no doubt would order the claimant to show their authority to make the claim and regulatory authorisation.

nem

[BillyRay01]

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

Ok, so should I pay the money and state my reasons?

I've also had a letter of Cabot about the information I asked them for, will scan an uploads

[mystery1]

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

I wouldn't pay £155. Just file it for the moment and bring it up in court at some point in the future and see if the judge runs with it then.

M1