Cabot Financial (UK) Ltd / Capital One vs Millsisintrouble credit agreement received

[Diana M]

What are my options now? Shoosmiths appear to be determined to pursue this case in the courts, would it better to complete the statement of earning and negotiate a repayment? I have to admit the threat of further court action is panicking me!

Don’t let the thought of court action panic you.

That’s why Shoosmiths have sent you that letter together with an Income and Expenditure form in the hope you’ll feel intimidated and pay up without questioning the credibility of the documents they’ve produced. They’ve sent you ‘something’ but that doesn’t necessarily mean it complies with the various sections of the Consumer Credit Act which is needed to enforce the debt in court.

You need a professional view on what they’ve sent. Running forensics over documentation is one of my favourite parts of my job.

Claims can be defeated for many reasons not just the paperwork. There can be assignment issues etc.

Have you been served with the statutory Notice of Sums in Arrears (s86) every year since the account defaulted?

You say the Claimant is Cabot Financial (UK) Ltd which is unlicensed which will cause them problems too.

Di

[warwick65]

I know it is can be very tempting to capitulate when faced with what may seem an uphill struggle but in my opinion, that is what solicitors are for.

The claim has been stayed for a very long time so I am guessing as part of their application for a SJ they will also have to apply to lift the stay - I would wonder just why it has taken them so long to produce the goods

Has anything positive happened in your financial circumstances that may lead them to believe you are now a better prospect? I ask because I think my claim arrived after I was able to get a credit card - It really might be worth having a chat with a solicitor to assess your situation

[Millsisintrouble]

Thank you both for your response. It does look like I need professional advice .

Could you recommend how to find a solicitor? And how much the advice is likely to cost?

Warwick65 yes my finances are in much better order now and I did get a balance transfer credit card in January. It is possible that this has altered then some how and now they assume I am more likely to be able to pay the debt!

[Millsisintrouble]

And no I don't believe I have been sent a statutory Notice of Sums in Arrears (s86) every year.

[Diana M]

It does look like I need professional advice .

Could you recommend how to find a solicitor? And how much the advice is likely to

I’ve been helping you on your forum thread since 2016.

My email address is in my signature which says that my firm’s initial advice is free.

You can’ contact me using di@joannaconnollysolicitors.co.uk

Before you throw in the towel at least seek to establish your legal position (especially since Cabot Financial (UK) Ltd is unlicensed)

Di

[Diana M]

And no I don't believe I have been sent a statutory Notice of Sums in Arrears (s86) every year.

Which may give them a problem if they want to enforce this debt in court.

Di

[warwick65]

If you look for a thread of mine, you will see I used the firm Diana M represents. Jo (and Di) were brilliant. As for fees I can not comment but the initial advice was free and I used one of their fixed fee schemes. I think. I am semi articulate but am sure I would have ended up with a ccj without their help. I say that because Lowell tried at least one dirty trick.

[Millsisintrouble]

Apologies Diana i didn't mean to say that your advice is not professional. Far from it, your guidance has been invaluable.

I will contact your firm later today.

Many thanks

[Diana M]

Apologies Diana i didn't mean to say that your advice is not professional. Far from it, your guidance has been invaluable.

I will contact your firm later today.

No need to apologise - I didn't take your comment the wrong way

People don't realise they can contact me direct off the forum if they don't see my email in my signature.

I look forward to helping you with your next step.

Di