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Cabot Financial UK vs Me

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  • Cabot Financial UK vs Me

    Hello all,
    Im brand new here. Hoping you can help me?

    I have had a DMP in place for a good few years. Last week I received a CCJ letter from Morton Clarke Solicitors for a debt that I understood to be part of the DMO. Upon further discussion, it turns out this debt was not included in the original DMP. I had received but letters re
    payment, but I haven't been very well, so I hadn't quite grasped the severity.

    Anyway, I called both the solicitors and Cabot Financial and neither are very helpful. I am not denying that I owe this money, I am just asking to enter into a payment arrangement. Morton Clarke wouldn't allow the arrangement, and said they could offer me a 20% discount if I paid in full, and Cabot said it was too late as the debt had been sold on.

    Ive followed your advice in the help section, and I have also contested the validly of Mortimer Clarke issuing CCJs on behalf ofCabot Financial (UK) as they are not licenced.

    I just wondered if there is anything else I can do? I don't dispute owing the money, I just want the opportunity to pay in instalments.

    Received a claim? Yes/No: Yes
    Issue Date: 14th Aug
    Have you Acknowledged the Claim?: Yes, asked for extended time
    Total Amount Claimed: £820.43 (£690.43 plus costs)
    Claimant’s Name: Cabot Financial (UK) Limited
    Solicitors Firm:Mortimer Clarke
    Original Creditor: Capital One
    Original Debt (eg. Credit card/Loan/Overdraft) :Credit Card
    Particulars of Claim: Please type out in full excluding names/account numbers:By an agreement between Capital One bank (Europe) PLC & the defendant on or around 16/07/2014 ('the agreement') capital one bank (Europe) PLC agreed to issue the defendent with a credit card. The defendant failed to make the minimum payment due & the agreement was terminated. The agreement was assigned to the claimant. The claimant therefore claims £690.43
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
    List any letters you have sent (eg: CCA/ CPR ) CCA and CPR. Also emails re Cabot Financial services not having a licence.
    Any Other Information or Background Details:as above

    Thankyou in advance
    Tags: None

  • #2
    Re: Cabot Financial UK vs Me

    Tag [MENTION=87380]Diana M[/MENTION]

    Comment


    • #3
      Re: Cabot Financial UK vs Me

      Hi

      So you sent d a cca request with fee to the claimant as on the claim form.
      You send a cpr31. 14 request to the solicitor, all you can ask for is
      The agreement
      The termination notice
      The assignment (I would add to include the notice and deed of assignment)

      I am a little confused that Cabot have said they can't deal with this as it has been sold on... Who to?

      I would also send a SAR to capital one to get the accurate details of the default and termination.

      I am afraid being in a DMP is no barrier to them issuing a claim

      When you say you have acknowledged the claim, was that on MCOL

      You also said you asked for e tended time-consuming you explain please. Is the extended time because you acknowledged or did you enter anything in the defence box or have you written to MC. Or was it something else

      Comment


      • #4
        Re: Cabot Financial UK vs Me

        Hello
        Cabot are saying the debt has been passed to Mortimer Clarke. They are the ones who have started the CCJ process.

        I acknowledged the claim online. I asked for extended time as I wanted to buy myself some breathing space. I really want to get an arrangement in place that isn't enforced by a CCJ.

        Comment


        • #5
          Re: Cabot Financial UK vs Me

          How did you actually ask for the time?
          Was it on the acknowledgment of service
          Was it in a letter

          Maybe you could tell us exactly what you said and asked for?

          Are Cabot shown as the claimant?

          Comment


          • #6
            Re: Cabot Financial UK vs Me

            Yes, on the acknowledgment of service. I ticked a box to ask for extra time to submit a defence.

            Yes, Cabot Financial (UK) limited are shown as the claimant

            Comment


            • #7
              Re: Cabot Financial UK vs Me

              Originally posted by MrsBudden View Post
              I have also contested the validly of Mortimer Clarke issuing CCJs on behalf ofCabot Financial (UK) as they are not licenced
              This is true.

              Cabot Financial (UK) Ltd are not currently authorised/regulated by the FCA.

              Di

              Comment


              • #8
                Re: Cabot Financial UK vs Me

                Originally posted by MrsBudden View Post
                Yes, on the acknowledgment of service. I ticked a box to ask for extra time to submit a defence.

                Yes, Cabot Financial (UK) limited are shown as the claimant
                Thanks. I just needed to establish you hadn't written anything in the defence box because some people do and it is taken as a defence.

                Comment


                • #9
                  Re: Cabot Financial UK vs Me

                  Originally posted by warwick65 View Post
                  Thanks. I just needed to establish you hadn't written anything in the defence box because some people do and it is taken as a defence.
                  So I posted the letters today. I'll enter my defence, online, the day before I should. If I don't hear back by then I'll include this in the defence too.

                  Comment


                  • #10
                    Re: Cabot Financial UK vs Me

                    Sorry to bother everyone again. Can I check if Inhabe requested extra time online, does this go from the date the CCJ was issued , or from the date I asked for the extension?

                    Comment


                    • #11
                      Re: Cabot Financial UK vs Me

                      Hi
                      So once acknowledged the time is 33 days from date on the claim form.

                      Comment


                      • #12
                        Re: Cabot Financial UK vs Me

                        Many Thanks

                        Comment

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