** DISCONTINUED **Cabot Financial/wright hassell solictors v paulfloor

[R0b]

Re: Cabot Financial/wright hassell solictors v paulfloor

That should do sufficiently, see what they say. You could send it by email to the file handler on the case

[charitynjw]

Re: Cabot Financial/wright hassell solictors v paulfloor

hypothetically speaking, if my debt was purchased by cabot credit management group (the main company) but they as it looks like to me have issued the claim under cabot financial uk limited company, would they be in breach as cbuk ltd are not authorised to act as a representative of the main group (ccmg) either on full or interim permissions as permissions have lapsed? as id assume the debt would of been bought by the main company with one of the offshoots doing the leg work for them.

My letter draft is below to be sent to wright hassell:


Dear Sir/Madam

Ref: 'claim no.'

I am writing to seek clarification from you as to who your client is which has instructed you to bring the claim referenced above against me, I am aware that you are obliged to provide this information to me and await your reply.

Yours Sincerely



Would that be sufficient to ask for their clients details? or should I be putting more in there and does it make a difference if they realise why im asking for that information?

IMHO, it is more likely that the debt portfolio was purchased by CF(UK), who I believe may be an SPV or similar.

[nemesis45]

Re: Cabot Financial/wright hassell solictors v paulfloor

IMHO, it is more likely that the debt portfolio was purchased by CF(UK), who I believe may be an SPV or similar.

Or purchased by Cabot Financial Management or Europe Ltd. an passed to CFUK.

nem

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

If it were purchased by either cfmg or cfeurope then passed down to cfuk how would that affect me in the sense of are they authorised to make the claim.

I take it for them to be on solid ground they would need to be making the claim from one of their sub companies that is an authorised agent on the register or from the main company that has the authorisation to act as a debt collector and if coming directly from cfuk they could be on shaky ground, or am I misunderstanding something as to a layman it seems quite simple, if you want to collect debt somewhere in your company structure you need to be authorised to do so by the fca and if you use sub companies they can use the main companies status as long as they are appointed agents to said company.

[R0b]

Re: Cabot Financial/wright hassell solictors v paulfloor

If it were purchased by either cfmg or cfeurope then passed down to cfuk how would that affect me in the sense of are they authorised to make the claim.

I take it for them to be on solid ground they would need to be making the claim from one of their sub companies that is an authorised agent on the register or from the main company that has the authorisation to act as a debt collector and if coming directly from cfuk they could be on shaky ground, or am I misunderstanding something as to a layman it seems quite simple, if you want to collect debt somewhere in your company structure you need to be authorised to do so by the fca and if you use sub companies they can use the main companies status as long as they are appointed agents to said company.

sounds about right, but as they are agents they would need to have an agreement in place as per my comments above. Again, confirmation from Wright Hassall as to their client would confirm who is instructing and then more likely lead to the fact that no agreement is in place.

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Ok will have to wait and see what comes back from Wright has sell then, thanks for all the help so far everyone, really is a great site for help in matters like these

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Had the n180 drop through letterbox today have filled it in and just wanted to clarify, do I send the original back to the court and a photocopy to the solicitors as well?

[Wingco]

Re: Cabot Financial/wright hassell solictors v paulfloor

hypothetically speaking, if my debt was purchased by cabot credit management group (the main company) but they as it looks like to me have issued the claim under cabot financial uk limited company, would they be in breach as cbuk ltd are not authorised to act as a representative of the main group (ccmg) either on full or interim permissions as permissions have lapsed? as id assume the debt would of been bought by the main company with one of the offshoots doing the leg work for them.

My letter draft is below to be sent to wright hassell:


Dear Sir/Madam

Ref: 'claim no.'

I am writing to seek clarification from you as to who your client is which has instructed you to bring the claim referenced above against me, I am aware that you are obliged to provide this information to me and await your reply.

Yours Sincerely


Would that be sufficient to ask for their clients details? or should I be putting more in there and does it make a difference if they realise why im asking for that information?

How will a Court view the fact that the last payment was 6+ years ago? I appreciate that it is a defaulted overdraft but..............

Wingco

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

How will a Court view the fact that the last payment was 6+ years ago? I appreciate that it is a defaulted overdraft but..............

Wingco

Id worked on the default date being how id work the stature barred dates on, plus its a defaulted credit card account, until I get the cca information back from cabot im not sure on anything to be honest as I have no information from matters circa 6 years ago!

[Wingco]

Re: Cabot Financial/wright hassell solictors v paulfloor

Id worked on the default date being how id work the stature barred dates on, plus its a defaulted credit card account, until I get the cca information back from cabot im not sure on anything to be honest as I have no information from matters circa 6 years ago!

Paul,
Sorry if I'm going over old ground but your last payment was made on 7th March 2010. Surely that = SB? Or does the SB stop as soon as they take Court action?
I hope you win as this looks decidedly "dodgy".
Wingco

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

I had this through the post today from the solicitors which judging by other threads is a default/template response from them, will add the letter up below, had no response to my email in regards to who their client is, but this is the second letter where they keep referring to their client being cabot financial uk limited at every opportunity now so im leaning toward it definitely being them, if that is the case would that be my defence assuming that they come up with the cca information before the court date.

edit: after having a look on noddle/clearscore, cabot financial europe ltd are who comes up as the lender on my reports

Also if I get the claim struck out or they discontinue before the court date, what happens in regards to the stature barred clock, does it start all over again from claim date or would it be like proceedings never happened and the 6 years would run up till day after anniversary of original default?




will be expecting the next letter from them to offer to stop proceedings by making a reduced payment going by most other threads

Paul,
Sorry if I'm going over old ground but your last payment was made on 7th March 2010. Surely that = SB? Or does the SB stop as soon as they take Court action?
I hope you win as this looks decidedly "dodgy".
Wingco

Once court action has been issued the stature barred clock starts again I believe.

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

I didnt send the n180 back by recorded post for some reason didnt think of that as had a couple of stamps in doors, would it be best to phone the court/wright hassall early next week to make sure they have received it? court copy im sure will be fine, the solicitors copy im less sure, if I phone up tues/wed and they claim to not of got it then I will email them a copy.

[R0b]

Re: Cabot Financial/wright hassell solictors v paulfloor

Yes, just double check early next week and confirm it has been received. Judging from that letter it would seem that WH's client is in fact CFUK and if they are not authorised then they are committing a criminal offence as I see it. That is something you will need to argue and you could seek to have the case struck out on that basis.

[Wingco]

Re: Cabot Financial/wright hassell solictors v paulfloor

I didnt send the n180 back by recorded post for some reason didnt think of that as had a couple of stamps in doors, would it be best to phone the court/wright hassall early next week to make sure they have received it? court copy im sure will be fine, the solicitors copy im less sure, if I phone up tues/wed and they claim to not of got it then I will email them a copy.

For the sake of a few stamps, I would resend recorded signed for postage - perhaps even next working day delivery is worth the extra cost. It's hard to prove a phone call in Court, but it looks like you have a very strong case anyway - good luck.
Wingco

[paulfloor]

Re: Cabot Financial/wright hassell solictors v paulfloor

Ok resent the n180 to both the court and to wright hassall via recorded delivery, had till the 5th of may for them to get there anyway but wont bother chasing the first ones up ill just check for signatures on tuesday via royal mail site.

Hypothetically speaking if my case gets discontinued or I can get it struck out, what happens in regards to my statute bar date? I know that the ccj proceedings have stopped it at the moment, but if they discontinue or the claim gets struck out will the clock carry on as it proceedings had never been brought? Cant seem to find a definite answer on that question

ie: 1/1/10 is the default date, so 2/1/16 would be statute barred date with no payment or acknowledgement made between, but if they brought a claim on 1/8/15 which subsequently got struck out or discontinued on say 1/3/16 would the debt then be statute barred? or would the clock restart the 6 years at 1/8/15?