**DISCONTINUED** Today received a court claim **UPDATE**

[FlamingParrot]

Re: Today received a court claim **UPDATE**

Yeah, there is plenty to think about ...

There is, but I'd change that to a big :grin:

erm perhaps banging a letter into their lawyers citing the fact they have no authorisation would be the way to go? i mean nothing like a criminal offence to focus the mind.

Of course, if you want to ignore such an obvious advantage then thats your call .

[Stu]

Re: Today received a court claim **UPDATE**

Might there be a template letter i could use to send to the lawyers stating the have no authorisation?

[nemesis45]

Re: Today received a court claim **UPDATE**

Might there be a template letter i could use to send to the lawyers stating the have no authorisation?

Hi stu,
This is a whole new subject so no templates yet.

nem

[Stu]

Re: Today received a court claim **UPDATE**

Mmm ok thanks Nem

[mystery1]

Re: Today received a court claim **UPDATE**

Dear Numbnuts,

In the matter of you 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 etc,


Something along those lines. Edit to suit, obviously.

M1

[Stu]

Re: Today received a court claim **UPDATE**

That brilliant Cheers Mystery1

[mystery1]

Re: Today received a court claim **UPDATE**

I should also warn you, it doesn't matter how many letters you send and to who you send them or how strong your case is,

If you miss the defense deadline you'll lose. Do not hang about like a bad smell.

M1

[Stu]

Re: Today received a court claim **UPDATE**

Weightmans LLP
The plaze 100 old hall street
Liverpool
L3 9QJ






To whom is may concern

In the matter of Cabot/weightmans V Stu82

I note that your client , the claimant, is Cabot Financial (UK) Limited. I note the claim form has been signed by Mark Burch (Claimants legal Representative) on behalf of Cabot finical (uk) limited and as is normal practice is accompanied by a statement of truth.

I further note that upon a search of the FCA, (Finical Conduct Authority) 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 Mark Burch. 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 Mark Burch 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 Stu82

[nemesis45]

Re: Today received a court claim **UPDATE**

Weightmans LLP
The plaze 100 old hall street
Liverpool
L3 9QJ








To whom is may concern

In the matter of Cabot/weightmans V Stu82

I note that your client , the claimant, is Cabot Financial (UK) Limited. I note the claim form has been signed by Mark Burch (Claimants legal Representative) on behalf of Cabot finical (uk) limited and as is normal practice is accompanied by a statement of truth.

I further note that upon a search of the FCA, (Finical Conduct Authority) 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 Mark Burch. 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 Mark Burch 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 Stu82

I would say that's fine !! just check spelling " Financial ".
It'll be interesting to see what the answer is.

I have a suspicion what it might be.

nem

[MIKE770]

Re: Today received a court claim **UPDATE**

Cabot Financial
Cabot Financial upgraded to B+ rating by Standard & Poors 15 September 2015 – Cabot Credit Management, a leading ethical acquirer and manager of consumer debt, today announced that Cabot Financial’s credit rating has been raised from B to B+ by Standard & Poors (S&P)

[Berniethebolt]

Re: Today received a court claim **UPDATE**

Stu

You might want to add the company number that is included on the claim form, just dotting i's and crossing T's

[Stu]

Re: Today received a court claim **UPDATE**

My spell check never picked that up Grrr lol, it should not make much difference should it Nem?

What does this mean for my case Mike im not altogether with the finer points...

And ive sent it out already Bernie, i hope it dosent make to much of a change ..

[FlamingParrot]

Re: Today received a court claim **UPDATE**

My spell check never picked that up Grrr lol, it should not make much difference should it Nem?

What does this mean for my case Mike im not altogether with the finer points...

And ive sent it out already Bernie, i hope it dosent make to much of a change ..

A spelling mistake like that shouldn't make any practical difference, although it's always better to ensure everything is proof-read before being sent, even solicitors and their employees make glaring mistakes in their communications. A fairly recent case I know of involved a statement which referred to 2013 when it should have been 2014! :eek2: Not to mention a series of witness statements used on another case, where the dates are also way off between one and the other. :lol:

The company number was just to make it double-clear so to speak. A quick search on the Companies House website will show the company number associated with the company name.

At the end of the day, your letter was only intended to make them aware of the fact that you know what's happening with their clients, and it should achieve that purpose. :thumb:

[nemesis45]

Re: Today received a court claim **UPDATE**

My spell check never picked that up Grrr lol, it should not make much difference should it Nem?

What does this mean for my case Mike im not altogether with the finer points...

And ive sent it out already Bernie, i hope it dosent make to much of a change ..

Neither point will change any thing, Mike post is
interesting

nem

No it wont make difference stu the letters ok.
It will be interesting to see what comes up,

[Stu]

Re: Today received a court claim **UPDATE**

I will be sure to keep you all updated on any response, although I wont hold my breath for them to do anything