Cabot / Shoosmiths letters

[Ant80]

Hi folks, great advice on the forums here, thank you! I'm usually a 'watcher' but now need a little help.

I have had Cabot chasing me for an old HBOS credit card for about a year, I've been through the fortnightly letters, 'statements' and increasing settlement discounts. I have no regular job, no assets and no means to pay (which I'm pretty sure they can 'see') so I've been ignoring them in the hope that they'll realise they have nothing to gain and just keep lettering me until it goes SB'd (early 2017 I think - I'm in Scotland so that would be the 5 years since last payment before original default?).

However, this morning I received a Shoosmiths letter, "We have been instructed by our client... yada yada yada... treat this letter as notice that ... 14 days... we are instructed to commence court proceedings... etc"

I have two questions I hope someone could give me an opinion on:

- is this just another letter trying to prompt me into an acknowledgement that I can file and ignore - or is this a genuine LBA so it's time to CCA Cabot and CPR Shoosmiths?

- as a tangent, I did come across a mention on here to check Cabot's FCA status, and sure enough, Shoosmiths client "Cabot Financial UK Ltd" has a lapsed FCA status - "the firm no longer has interim permission to undertake consumer credit business". If they don't have permission to undertake consumer credit business, should they be sending my account out to a solicitor to pursue collection? Is there any worth to this instead-of/as-well-as CCA and CPR?

Thanks for your help!

[FlamingParrot]

Re: Cabot / Shoosmiths letters

Hi folks, great advice on the forums here, thank you! I'm usually a 'watcher' but now need a little help.

I have had Cabot chasing me for an old HBOS credit card for about a year, I've been through the fortnightly letters, 'statements' and increasing settlement discounts. I have no regular job, no assets and no means to pay (which I'm pretty sure they can 'see') so I've been ignoring them in the hope that they'll realise they have nothing to gain and just keep lettering me until it goes SB'd (early 2017 I think - I'm in Scotland so that would be the 5 years since last payment before original default?).

Hi
It would be 5 years from the cause of action, which would be at least a month after your last payment.

However, this morning I received a Shoosmiths letter, "We have been instructed by our client... yada yada yada... treat this letter as notice that ... 14 days... we are instructed to commence court proceedings... etc"

I have two questions I hope someone could give me an opinion on:

- is this just another letter trying to prompt me into an acknowledgement that I can file and ignore - or is this a genuine LBA so it's time to CCA Cabot and CPR Shoosmiths?

Sounds like a real LBA and time to CCA Cabot, however, you wouldn't send a request under CPR 31.14 yet because they've not issued a claim, instead you should respond to Shoosmiths in accordance with the pre-action conduct as below. The advantage of this is that you are not restricted to whatever it's mentioned in the particulars of claim (once they've issued one), you are complying with the protocol and it often has the effect of making them go away :bolt: when they see they're not going to just obtain default judgment. ray:

Dear Sirs

Ref: xxxx

Thank you for your letter dated xx/xxxx/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.

I require copies of the following:

• The original credit agreement;
• The Default Notice
• The Notice of Assignment;
• Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.78 on xx/xxxx/2015 and I am awaiting a response.

I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,

[FlamingParrot]

Re: Cabot / Shoosmiths letters

- as a tangent, I did come across a mention on here to check Cabot's FCA status, and sure enough, Shoosmiths client "Cabot Financial UK Ltd" has a lapsed FCA status - "the firm no longer has interim permission to undertake consumer credit business". If they don't have permission to undertake consumer credit business, should they be sending my account out to a solicitor to pursue collection? Is there any worth to this instead-of/as-well-as CCA and CPR?

Thanks for your help!

@mystery1 thinks it should be brought to their attention, I would say in addition to all the above rather than instead of.

Clerical error ? On the assignment, various begging letters and on a claim form with a statement of truth ?

Somebody has seriously messed up and as far as i see this info should be brought to the attention of the claimant, claimants legal team, court, SRA and FCA in every single case.

[Ant80]

Re: Cabot / Shoosmiths letters

Hi FP, thank you very much for the info and taking the time to respond. I am sending CCA tomorrow and reply to sols. on Monday. I will update as I get info back!

[Ant80]

Re: Cabot / Shoosmiths letters

Hi, I received the following from Shoosmiths today. Could any share their thoughts and any suggested directions please?

Notes:

- Yes, the currently unlicensed Cabot Financial UK Ltd.
- DOA - not sure, Cabot started contacting me mid-July 2014.
- The matter certainly does NOT relate to a Clydesdale Bank credit card, I have never had any financial relationship with Clydesdale.
- The date of the agreement given may be correct (December 2005), I would need to dig through a load of old paperwork to see if I still have the original.
- Account number given is 'correct'.
- The Termination Date is given as 23rd August 2012, however this does not tie up with any dates relating to the default notice I received which demanded payment by June 2012
- The Last Payment Date is given as 22nd August 2012 (the day before termination) - however this is impossible, the last payment to the account was in March 2012.

Thanks!

[FlamingParrot]

Re: Cabot / Shoosmiths letters

Hi, I received the following from Shoosmiths today. Could any share their thoughts and any suggested directions please?

Notes:

- Yes, the currently unlicensed Cabot Financial UK Ltd.

Hi

In that case, I'd suggest sending Shoosmiths the following letter, which I have adapted a little as they've not yet issued a claim:

theiremailaddress@shoosmiths.co.uk (the actual details are on their letter but I can't make them out - and/or send it by post)

---

REF: xxxxxxx (as on letter)

Dear Sirs,

Client Name: Cabot Financial UK Limited
Client Agreement Number: xxxxx
Balance Outstanding: £xxxx.xx

I refer to your letter of October 16 2015 regarding the above matter, where you state that your client is Cabot Financial (UK) Limited. I note that upon a search of the FCA register, that the status of your client's license is LAPSED and it did indeed lapse on 28/02/2015, which I note is before your letter of claim was sent. I would like to draw your attention to s.39 of the Consumer Credit Act which makes it a criminal offence to engage in activities for which a license is required without having one.

If a claim was to be issued, it is also potentially contempt of court 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 also point out that s.40 of the Consumer Credit Act makes enforcement without a license impossible.

I await with interest your response.

Yours Sincerely,

---

I note on their letter their reference to the CPRs not being applicable in Scotland, unfortunately I wasn't aware of your location when I drafted the response to their letter before action above. :sorry:

However, the Consumer Credit Act still applies and so does the need to hold a valid Consumer Credit License. :grin:

[Ant80]

Re: Cabot / Shoosmiths letters

Update - Cabot reply acknowledging CCA request, standard "40-day" response... No further info from Shoosmiths...

[MIKE770]

Re: Cabot / Shoosmiths letters

Update - Cabot reply acknowledging CCA request, standard "40-day" response... No further info from Shoosmiths...

after 12 + 2 days for a CCA request then they are in default, 40 days haha = for SAR request, these people need fining heavy for being liers and bringing the Financial services into disrepute.

[Ant80]

Re: Cabot / Shoosmiths letters

An update for you...

[nemesis45]

Re: Cabot / Shoosmiths letters

An update for you...

Standard garbage " we know we can't enforce the debt and have no proof
you owe it but please be a mug and pay us anyway"!!
nem

[wales01man]

Re: Cabot / Shoosmiths letters

They really are Comedians should say( we cant prove you owe this alleged debt but be a nice person and pay us) a standard 2 word reply may be needed

[Debt Camel]

Re: Cabot / Shoosmiths letters

a standard 2 word reply may be needed

Or you could be polite and quote Private Eye: "I refer you to the reply given in the case of Arkell v. Pressdram"