Cabot Financial (uk) limited - Unlicensed trading?

[mystery1]

Re: Cabot Financial (uk) limited - Unlicensed trading?

Does this mean I could have a defence based on their not been legally licensed to do business? (a :tinysmile_grin_t:faint glimmering of hope...) humanbean

No could. You definitely do. The CCA makes it unenforceable and it's also a criminal offence that they are committing.

M1

[Endlessnine3]

Re: Cabot Financial (uk) limited - Unlicensed trading?

Shame I still have to pay them

[mystery1]

Re: Cabot Financial (uk) limited - Unlicensed trading?

I would send these letters suitably edited. (try email as it's free)


cabotcustomer@cabotfinancial.com


Subject :- Court claim xxxxxxx


Dear Cabot Financial (UK) Limited,

I am in receipt of court claim xxxxxxxx and note that Cabot Financial (UK) Limited are the claimant. I note that upon searching the FCA register that the license for conducting regulated consumer credit activities lapsed on 28/02/15. 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.

Yours Sincerely,






legalteam@yourfecked.com (the actual details will be on some communication or phone them up to get them, or post with proof of posting)


Subject :- Court claim xxxxxxx


Dear Numbnuts,

In the matter of Cabot Financial (UK) Limited 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 Sincerely,




ccbcdefendants@hmcts.gsi.gov.uk

Subject :- Court claim xxxxxxx Cabot Financial (UK) Limited v ME


To the manager of the court.

Please put this letter before the judge.

I would like draw to the attention of the court that the claimant is carrying on regulated consumer credit business without a valid license. The FCA register number for Cabot Financial (UK) Limited is472690 and shows as lapsed and also that it lapsed on 28/02/15.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

This will obviously be a feature of my defence however due to the large volume of these claims i felt the court should be informed so any investigation deemed necessary, or not, could reduce the burden placed upon the courts.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court as they cannot have held an honest believe in the truth of the statement and i would ask that that particular matter be referred to the Attorney General.

Yours sincerely





http://www.sra.org.uk/home/contactus.page

Select - consumer- other and proceed to step 3.


Subject - Criminal act - Consumer credit - Solicitor aiding

I would like to inform the SRA that (solicitor named on the claim form, if they signed as e.g. mortimer clarke solicitors just put that) have lodged court papers against me on behalf of Cabot Financial (UK) Limited. I appreciate that doesn't seem like a problem so please bear with me.

Cabot Financial (UK) Limited is, according to the FCA register for consumer credit, no longer a license holder and has not been since 28/02/2015. Registration number 472690.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court and have asked the court to refer this to the Attorney General.

Yours Sincerely



http://www.fca.org.uk/site-info/contact

Call them and report the matter of unlicensed trading.


M1

[MIKE770]

Re: Cabot Financial (uk) limited - Unlicensed trading?

see where they got their name = Crackpots

[mystery1]

Re: Cabot Financial (uk) limited - Unlicensed trading?

The emails also act as a safety net in that you won't be surprised if they pulled out authorisation under another guise (group license) although that is doubtful.

Don't rely on someone else getting a result because, unless the courts intervene after several emails land on someone who is switched on a la http://nebula.wsimg.com/e3da92cb966c...&alloworigin=1 , they'll plead ignorance in your case.

M1

[WineGums]

Re: Cabot Financial (uk) limited - Unlicensed trading?

Hi,

I also have Cabot Financial (UK) Limited claiming against me at the moment, I sent a letter as above to Restons who are representing them, I've just received the following response :-

"The fact that the FCA Register shows that the Interim Permission for Cabot Financial (UK) Limited has lapsed will not assist you.

As is quite usual within the debt purchase industry, the creditor (and the Claimant to these proceedings, Cabot Financial (UK) Limited) appointed Cabot Financial (Europe) Limited service the portfolios of debt as master servicer. Cabot Financial (Europe) Limited has then appointed Cabot Financial (Marlin) Limited as sub-servicer.

Pursuant to Article 55 of the Financial Services and Markets Act 2000 (Excemption) Order 2001, Cabot Financial (UK) Limited is exempted from the requirement for authorisation. A similar exemption applies as a result of Article 60(i) of the Regulated Activities Order.

The FCA Register confirms that the permission for Cabot Financial (Marlin) Limited has not lapsed. In addition, the FCA have expressly accepted our client's position in terms of which entities have applied for permission.

In the circumstances no criminal offence (whether referred to in your correspondance or otherwise) has been committed either by our client or a member of this firm."

Any thoughts or comments?

Thanks,

WineGums

[R0b]

Re: Cabot Financial (uk) limited - Unlicensed trading?

http://www.legalbeagles.info/forums/...tors-CPR-31-14

Might be worth a read, particularly last couple pages.