Reston Solicitors CPR 31.14

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

@FlamingParrot linked to a thread earlier on that talks about just that issue ... I'll pop the link in again here (http://www.legalbeagles.info/forums/...censed-trading) just to make sure you find it easily

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beat me to it FP :lol: xx

Actually, I linked to the other Cabot thread rather than this one, so the OP has quite a bit of reading to do!

[nemesis45]

Re: Reston Solicitors CPR 31.14

Actually, I linked to the other Cabot thread rather than this one, so the OP has quite a bit of reading to do!

Cabot Financial UK Ltd is part of the Cabot Credit Mangment Group of Companies Regulated by the FCA etc.
nem

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

Cabot Financial UK Ltd is part of the Cabot Credit Mangment Group of Companies Regulated by the FCA etc.
nem

We are all well aware of that fact, however, PT doesn't seem to think that matters much and I should think if anyone should know, it would be a lawyer who specialises in consumer credit litigation and deals with that side of things on a daily basis. :yo: As he says below, there's no reason no to raise a challenge.

Group permissions are dead and buried, stop and look at the solicitors industry for an example of that. All solicitors were covered by the group licence but that provision was withdrawn

i cannot see how the rules which have been revoked can be relied upon, it makes no sense.

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exactly, they dont any more.

And of course we have the Appeal Court decision of Hicks which confirms the use of an agent cannot oust the licening rules under the CCA.

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i would say this, there is an appeal on going which raises the question of licensing, i must stress the licence part of the appeal is a new limb as it wasnt argued below, but FCA guidelines do not change the statute, they do not give the Court a right to ignore the will of parliament, and if the FCA was to be given powers of altering the statutes, then parliament would have passed law to allow for this.

The appeal will answer these points soon enough, in the mean time i see no reason why people cannot raise a challenge of illegality in their defences. Look up Ex Turpi on google

All this has already been discussed quite extensively on that other thread and the OP has a link to it so they can make up their mind after reading it all if they wish.

[lawyer123]

Re: Reston Solicitors CPR 31.14

Thank you, I will read more on this.

[nemesis45]

Re: Reston Solicitors CPR 31.14

The quote was from Cabot's revamped website ang I understand a solicitor has had a reply to query on this in exactly the same terms.

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The quote was from Cabot's revamped website ang I understand a solicitor has had a reply to query on this in exactly the same terms.

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The quote was from Cabot's revamped website ang I understand a solicitor has had a reply to query on this in exactly the same terms.

[Berniethebolt]

Re: Reston Solicitors CPR 31.14

Having just spoken to the FCA I was told that as of 28th Feb 2015 cabot Financial (UK) Ltd have been unable to carry out any regulated activity which includes debt collection

On the down side it means that there is no recourse to the FOS for actions from that date onwards


I do wonder if these would be grounds for a set aside on judgements granted from 28th Fab

[nemesis45]

Re: Reston Solicitors CPR 31.14

Thank you, I will read more on this.

Read also Authorised Representatives Consumer Credit businesses ( individuals or companies FCA).

[lawyer123]

Re: Reston Solicitors CPR 31.14

Actually, I linked to the other Cabot thread rather than this one, so the OP has quite a bit of reading to do!

I once again thank all of you for your great support and advise. I think one of you lovely people suggested I could contact a lawyer who was very experienced in this field and gave me a link.
Since you are experienced in this field may be there is something I miss her that you could pick up.

Many thanks

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

I once again thank all of you for your great support and advise. I think one of you lovely people suggested I could contact a lawyer who was very experienced in this field and gave me a link. I called them and must state that they were very good. I sent them all the paperwork of the claim and my letters to these jokers!! ''Restons and Cabot Financial. They looked at everything and gave me the green light so they would do the defence for me next week. I just have to agree to their terms and conditions which are reasonable, otherwise I could file it wrong or say the wrong thing and mess it up.

What do you think of my idea? should I defend it on my own or ask them to do it for me, because even if I do it on my own, the claimant can have another 28 days for them to reply. But if I ask the solicitor to do this, they would seal it once and for all if the judgement goes in our favour. If not I was told that they could again with the same claim may be after 7 - 8 months.

Since you are experienced in this field may be there is something I miss her that you could pick up.

Many thanks

I went back to the beginning of the thread and note that this claim is over £10k so likely to be allocated to the fast-track rather than small claims. One significant difference between the two tracks is that in small claims, it is customary for each side to cover their own legal costs, however, in the fast-track the loser normally pays the winner's costs. That means a solicitor could work with you on a CFA basis, where they'd only get paid if you win, because the court would order Cabot to pay your legal costs. That also means if you were to, as you say above, say the wrong thing and ended up losing, you could end up not only with a CCJ, but also a costs order against you. :Cry: This is something everyone who is dealing with fast-track claims should be aware of, as the costs can be substantial, often not much lower than the claim itself. :mmph:

I'd say if you've got the opportunity to get a good solicitor working with you, you should seriously consider that option. :thumb:

[lawyer123]

Re: Reston Solicitors CPR 31.14

Thanks very much, I have got a reply tom Reston's today and will put it up here so you can read and would be good information for other to defend their case too.

[lawyer123]

Re: Reston Solicitors CPR 31.14

Attached you will find the reply from Restons, please digest and let me know your views.

[Amethyst]

Re: Reston Solicitors CPR 31.14

Exclusions
Arranging administration by authorised person

60I. A person (“A”) who is not an authorised person does not carry on an activity of the kind specified by article 60B(2) in relation to a regulated credit agreement where A—

(a)arranges for another person, who is an authorised person with permission to carry on an activity of that kind, to exercise or to have the right to exercise the lender’s rights and duties under the agreement, or

(b)exercises or has the right to exercise the lender’s rights and duties under the agreement during a period of not more than one month beginning with the day on which any such arrangement comes to an end.

??? thats in a draft SI - http://www.legislation.gov.uk/ukdsi/2013/9780111100493

which has been made http://www.legislation.gov.uk/uksi/2.../contents/made ( but I can't see the same in that ?)

[Amethyst]

Re: Reston Solicitors CPR 31.14

For M1

Entering into etc. a regulated credit agreement

6. After article 60A (information society services)(20), insert—
“CHAPTER 14AREGULATED CREDIT AGREEMENTS
The activities
Regulated credit agreements

60B.—(1) Entering into a regulated credit agreement as lender is a specified kind of activity.

(2) It is a specified kind of activity for the lender or another person to exercise, or to have the right to exercise, the lender’s rights and duties under a regulated credit agreement.

(3) In this article—

“credit agreement” means an agreement between an individual or relevant recipient of credit (“A”) and any other person (“B”) under which B provides A with credit of any amount;

“exempt agreement” means a credit agreement which is an exempt agreement under articles 60C to 60H;

“regulated credit agreement” means any credit agreement which is not an exempt agreement.

from http://www.legislation.gov.uk/ukdsi/2013/9780111100493

[Amethyst]

Re: Reston Solicitors CPR 31.14

''for the purposes of Chapter 14A of Part 2 of the Regulated Activities Order ''

I can't find that. the only one I can find is for Funerals.

[mystery1]

Re: Reston Solicitors CPR 31.14

Statutory Instrument 2001 No. 1201
The Financial Services and Markets Act 2000 (Exemption) Order 2001

http://webarchive.nationalarchives.g...1/20011201.htm

I see no 55 ?

Perhaps others may find out but i'd write back pointing this out asking for clarification or ask the FCA 1st.

If it's included in a defence the over riding objective dictates that the parties should narrow the issues down so there should be no issue in pointing the law out to anyone.

M1