Cabot finance taking me to court

[Jasonknox]

Re: Cabot finance taking me to court

Yes I think so

[R0b]

Re: Cabot finance taking me to court

Cabot are licenced - http://www.cabotcm.com/important-inf...n-with-the-fca

I'll put that on a separate thread actually as it comes up quite a lot xx

Sooooo where's the proof that CF UK are not instructing solicitors and it's one the AR's? CF UK must have a servicing agreement for a start and even if they do that then the AR's will need to be acting on behalf of the non-authorised firms no CF UK. If CF UK is directly instructing law firms to collect debt, then does that not follow the exemption rules and they will be procuring the debt and in doing so will be considered carrying out regulated activities.

Maybe I'm being too inquisitive but just because there's a statement on their website does not necessarily mean that they are in fact doing it. In addition to that they have been chasing for the last 2 years, which means if they did have a servicing arrangement since April 2016, anything prior to that is a criminal offence.

I just thought I'd bring that up for the benefit of this thread but anything else should be discussed no the thread you made Ame.

[nemesis45]

Re: Cabot finance taking me to court

I'm a bit confused, do you have a copy of the contract or not? Kati posted up some pages of what appears to be a contract so you either have it or you don't?

Is it Cabot Finance (UK) Limited?

If you have the contract, you have a statement of how much you have paid, you specify to the court that Cabot Finance (if its CF UK) are not authorised and are committing a criminal offence. I would suggest print out copies of the relevant sections I have referenced.

Finally, if they have brought a claim which they are not entitled to do so ask the court to amend your claim to allow a counterclaim for malicious prosecution. The Supreme Court has recently accepted that if a person brings a claim which is groundless and the intent of causing injury to another, the ought to be liable for compensation. That case is Willers v Gubay 2016 UKSC

If you have all the necessary ingredients why have you not just provided all of this in court (if you haven't already)?

@nemesis45, I also made inquiries recently and the FCA does not have any group licence permissions. Every business who conducts a regulated activity must have their own licence as the group licence under the OFT is now revoked - The FCA published a guidance booklet on this so I will try to dig it out. Unless you mean something else? An example of this is the Law Society's group licence under the OFT - this allowed law firms to operate under the LS's licence but since the FCA has moved in, firms must now apply for their own.

Edit: here's the link https://www.gov.uk/government/upload...ion_to_fca.pdf

Section 3.19 at page 26

Section 3.12 Authorised representatives???

nem

[Jasonknox]

Re: Cabot finance taking me to court

So please can you tell me were I stand and what to say in court and what you think my chances are

[Amethyst]

Re: Cabot finance taking me to court

So the hearing is for the claimants application to lift the stay ?

You can put in a 'witness statement' before the hearing if you think you'll have trouble detailing things to the judge on the day - that way the judge will have a good idea of the case before the hearing starts. This can include
when you VT'd the car, how much you paid and when, and a copy of the contract etc.

You need to have paid £8592 to VT as well as any overdue/arrears charges etc. So can you evidence that you paid that amount - eg. bank statements showing payments etc?

Can you answer this pls.

[Jasonknox]

Re: Cabot finance taking me to court

Yes have all this

[R0b]

Re: Cabot finance taking me to court

Can I ask why you didn't show the judge the agreement and your statement which shows how much you have paid? Did the payments come out of the bank you are currently with or another bank? Either way, have you inquired as to whether or not they are still able to get you a copy of those statements showing your payments?

[Jasonknox]

Re: Cabot finance taking me to court

Because when I mentioned there was no contract the judge declined there application this time
I have statements the judge did have a copy of the payments

[Amethyst]

Re: Cabot finance taking me to court

Has anything changed since their last application to lift the stay ?

Could maybe you post a copy of the application ?

[Jasonknox]

Re: Cabot finance taking me to court

All they got since there last application is the contract they are saying there is nothing in the contract to say I could hand the car back early and are liable for the rest of the finance 9000

[Amethyst]

Re: Cabot finance taking me to court

Really? That's their argument ?

They disprove that themselves by disclosing the contract.

[Jasonknox]

Re: Cabot finance taking me to court

Sorry what does that mean

[Amethyst]

Re: Cabot finance taking me to court

All they got since there last application is the contract they are saying there is nothing in the contract to say I could hand the car back early and are liable for the rest of the finance 9000

and the contract clearly says you can hand the car back and owe nothing more once you have paid £8592.

Can you do a photo of their application and post it on here?

[Jasonknox]

Re: Cabot finance taking me to court

Ok how do I do that

[Amethyst]

Re: Cabot finance taking me to court

or email it to me admin@legalbeagles.info