lloyds Current account

[Diana M]

Re: lloyds Current account

. . . . assigned the debt to Cabot Financial UK.

Cabot Financial (UK) Ltd are not currently authorised by the FCA.

Di

[McGinty]

Re: lloyds Current account

Thank you. Does this mean they could not currently enforce?

[Diana M]

Re: lloyds Current account

As to Moorcraps " request to know where the funds are coming from for the offer it's none of their business!!
DCA's believe that they have a " right" to see detailed financial details but no such " right " exists.

It is your money and your right to make an offer

If the payment is coming from a third party then it's not unreasonable for a business to ask for further information to comply with Money Laundering Regulations.

The OP says this is not his debt which he is negotiating and intending to pay.

Although I agree that asking a third party to complete an I & E is intrusive.

Di

[nemesis45]

Re: lloyds Current account

If the payment is coming from a third party then it's not unreasonable for a business to ask for further information to comply with Money Laundering Regulations.

The OP says this is not his debt which he is negotiating and intending to pay.

Although I agree that asking a third party to complete an I & E is intrusive.

Di

As I understand it Mc will be paying with money from a third party but paying it himself??


At present I would not be relying on the alleged " non licensed " claim and it is only conjecture.

nem

[Amethyst]

Re: lloyds Current account

Until there is a judgment confirming the issue it is too much of a risk to use as a defence on it's own as a Litigant in Person defending a claim. If there are additional strong defences ( such as non compliance / statute barring etc) then the licencing issues can be added in to bolster the defence. Once there is a judgment or some evidence that making the point affects the claim postively on the defendants behalf, then it'll be better, else it's stabbing in the dark a bit.

On the asking where the settlement money is coming from - they have to do that under CONC rules - as well as Money Laundering - they have to ensure you aren't putting yourself into more debt etc.

[McGinty]

Re: lloyds Current account

Just to recap on the above so as everything is in the one place; The account is in my wifes name and was a Lloyds 'Gold' Account.. The last payment through a DMP was made 15th December 2014. Lloyds sent a letter in July this year saying it was being assigned and at the same time my wife received a letter from Cabot. The most recent letter from Cabot on the 18th September mentions possible legal action if she does not contact them within 28 days. Apologies if I have missed any essential details.
Am I right in thinking I should now make an offer in the region of 10%, sourcing funds from a third party, as a full and final settlement or is there another route? Thanks, Mc

[warwick65]

Re: lloyds Current account

If you want to make an offer that is up to you and I would never say yes or no.

It is up to you to decide if this is what is the best choice for you and your wife although it seems Di's firm have successfully used in a defence but how..I have no idea.

There may be other routes you could follow and one of them is just sit it out and wait and see if they turn up the heat

[Diana M]

Re: lloyds Current account

I posted on your thread yesterday but they’ve been deleted.

We (Joanna Connolly Solicitors) hope you and your wife achieve your desired result.

Di

[McGinty]

Re: lloyds Current account

Thanks Di. I have sent you a PM. Mc

[Diana M]

Re: lloyds Current account

Thanks Di. I have sent you a PM. Mc

Yes you have.

I’ll reply tomorrow.

Di

[Diana M]

Re: lloyds Current account

At present I would not be relying on the alleged " non licensed " claim and it is only conjecture.

nem

Not necessarily.

If court judgments have not been published/posted on an internet forum or in cyberspace that doesn’t mean they don’t exist on ‘terra firma’.

Di

[McGinty]

Re: lloyds Current account

Another letter from Cabot today-potential legal action. How should I respond on this please? Mc

[Guest]

Re: lloyds Current account

Another letter from Cabot today-potential legal action. How should I respond on this please? Mc

One fact to be considered is that over 80% of debt payments follow a default judgement. Do you want to add to that figure?

[Guest]

Re: lloyds Current account

Another letter from Cabot today-potential legal action. How should I respond on this please? Mc

In the immortal words of "Clint - Do you feel lucky?"

[Diana M]

Re: lloyds Current account

One fact to be considered is that over 80% of debt payments follow a default judgement. Do you want to add to that figure?

That should only happen if the Defendant fails to file the Acknowledgement of Service or subsequent Defence by the appropriate court deadline.

It also happens if a claim is served on an address where the Defendant doesn’t live in which case they would probably make an Application to set aside the Default Judgment.

The new Pre Action Protocol introduced on 1st October requires the creditor/debt owner to jump through some hoops before issuing a claim.

I think the statistic you’re quoting is 87% not 80%.

Di