Damn! Another one has been snapped up. Cabot Have just bought MCS - Mortimer Clarke. They have now bought all of Marlin Group. Worrying! HERE Marlin Group Own Marlin Financial Services Mortimer Clarke Solictors They were subject to the Channel 4 Documentry on Debt Collection Practices through Dispatches.

Hi, I am new to the site and would appreciate some advice. Today i received a letter from Cabot Financial stating "The Cabot credit management group has recently bought the account you held with Hitachi Nova and we are responsible for answering your queries and receiving payments. According to our records you currently owe £ 13,323.22 Please contact us as soon as possible to discuss the options for repaying your account. We are aware that an agreed Repayment Plan was in place on your account for £50 per month. Cabot is willing to continue with this plan as long as you continue to make the agreed monthly payments directly to us." The history is i have held the account with Hitachi for 2 years never missed a payment, i subsequently had an accident and was unable to work, i came to the agreement with Hitachi 6 months ago now out of the blue this letter drops on my doorstep. Any advice would be greatly appreciated

A quick question as I might need to act fast. My wife has just had a Scottish small claims summons delivered to her previous address, though Nolans know her current address. I think that this is statute barred as I believe it to be over five years from her last payment. Is it safe to phone Cabot to ask when the last payment was made? Or should this be asked in writing and the court asked formally for an extension of time for their reply? I will try and post more detail tomorrow. The promised further detail. The Form 1a was sent by Walker Love, on the behalf of Nolans Solicitors, in the normal post to an address that we vacated over 18 months ago. I am aware of other communications directly from Nolans to this address, though I have no idea what debts they relate to. We also had one from Nolans is to our current address, followed by at least one more to the old address. Nolans say that they are now dealing with this matter on their clients behalf and that all future communications should be with them and not to their clients. Should I send an SAR or CCA Request to Nolans? The details of the claim are: 1. A paragraph to show that the defendant lives within the jurisdiction of the court, even though she doesn't live there any more. However, we have not moved far enough for this to matter. 2. [Verbatim] On 24/04/09 the defender entered an agreement with VANQUIS under which the defender borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974. The defender failed to pay as agreed on demand and is in breach of contract with the said Vanquis. The said supplier assigned all rights to the said debt to Cabot Financial UK Ltd on 26/08/2011 and the pursuers have advised the defender of same. The said sum of £1103 is the sum sued for. The pursuers have made frequent requests to the defender to make a payment of the said sum but the defender has refused or delayed to do so. I think that this was for a credit card which was used for a short period time and I believe that no payments have been made since at least the summer of 2009 if not before. My thinking is that our best defence is that the debt is too old and hence statute barred. However we have no records to confirm when the last payment was made therefore I think that we need to contact either Vanquis, Cabot or Nolans to ask them. Should this be done by phone, an SAR and/or CCA Request, or a specific letter? Who should we ask–all three? Do they need payments included? I think it would worth asking for the Credit Agreement and all other data as well, as we may have other grounds of defence too. And the amount may not correct. I intend to respond to the court that we will defend the claim before the return date. However, I expect that we will need to ask for a sist–delay to get the information we need back. No account numbers except for Nolans reference.

Hitachi Capital has sent me a letter threatening court action if I don't pay in full and baliffs sent to remove items to the value of the loan now £775 pounds with default charges. I have been paying £5 per month and was recently sent a default notice. When I called to enquire, I was told that the payment I've been making was insufficient and could no longer be accepted. I tried to make an arrangement to continue paying £5 but the woman was so arrogant and behaved as if I borrowed the money from her! She refused to accept anything other than full payment and hung up. I'm happy to go to court if that's the only way I can make a reasonable arrangement. Can someone tell me what's the best move to make now or what to expect from the Courts? I appreciate your help. Thanks.

Hi guys need some assistance helping my elderly neighbour with this claim and who is regrettably not very computer literate. The debt is an old Vanquis card. I have filed the AOS online for him and sent the CCA to Cabot and CPR request to Wright Hassell. I have not drafted a Defence yet as its early days but would appreciate your views on anything else I should do/be doing at this time?? Actually not sure if there is a Defence as such to this but am rather hoping that the DCA will have trouble obtaining the CCA as the account was opened in 2006 and presumably this will be required to enforce any claim?? Name of the Claimant ? Cabot Financial UK Ltd Date of issue – 11/05/15 What is the claim for POC (including spelling mistakes) Claimants Claim is for debte arising from Consumer Credit Act 1974 Agreements. The Claimant is an Assignee of the following debts , notice of the assignment having been given to the Defendant in writing. Vanquis Credit Card a/c xxxx 1654.xx. Despite demands for payment the above sums remain due. The Claimant therefore claim the sum of 1644.xx interest under s69 County Courts Act 1984 and costs. What is the value of the claim? £1839xx Is the claim for a current or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is the debt purchaser in this case Cabot Financial UK Ltd Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? - Possibly Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? - Financial Difficulty What was the date of your last payment? Aug 2010 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

After checking my credit file I noticed a company called Cabot saying I had a debt of 780 and default on my account after ringing them and not being able to give them the correct details my d.o.b was wrong. I had to get cab to involved to get the to speak for me about this account they said it was from a catalogue... the debt in question had been paid but had not proof as it was paid from a very old now closed bank account. I am currently writing to the bank to try and get the Statements. After being told I would be taken to court I stupidity said I will make monthly payments but also said I'm taking it further and want all info and credit agreement for this account.. I also rang simply be and asked them for the same info.... then a week later simply be sent me a credit agreement blank saying they hasn't received my credit agreement and I must have forgotten to sent it back.... Do I have to pay if they have no credit agreement? Where do I stand? I have just had a Baby and suffer mental health issues and the whole thing is making me very ill as well as affecting my chance of getting a mortgage. Any help advice would great thanks.

GM firstly a note to say this is a temp. thread as all of my previously started threads are currently lost in cyberspace. Bit of history:- Credit card first taken out in August 1999. Hubby always been self employed. DMP started in 2008 Stopped payments in 2009 and account charged off and has since been passed to several DCA's but I have dealt with them all by CCA requests which none have been able to comply with. SAR requested in March this year in an attempt to get the CCA and all statements to do PPI claim. Information received in June. Looking through the mountain of paperwork received it would appear that the account was opened in 1999, but then in 2001, closed and the balance transfered to a new card, which is the account being pursued. So, I have received some, but not al,l statements from original account, and application form/agreement (presume it's the CCA) that has been filled in by bank, PPI selected by bank and clearly stating self employment status so shouldn't be a problem claiming this back. However, Lloyds still have not supplied a CCA for when the transfer took place, they have so far sent me 3 reconstituted agreements following my CCA request for this account, but what they sent relates to the previous account. I'm flummoxed ! - and pretty annoyed at their suggestion that I am trying to "write off a legitimately owed debt " I have written to them several times pointing out that I am not trying to do this, but I am just trying to confirm the amount owed either by me to them or indeed them to me. They just keep sending me duplicate letters. I might be being pedantic, and perhaps I should just go ahead and send claims for both accounts, but without the CCA for the later account I'm not sure if both accounts are 1 in the same. There is nothing in the SAR paperwork that indicates the closing of 1 account and transfer to new account other than the statements and 2 account numbers. I don't trust Lloyds (or any other bank ) as I have several disputes going on with them at the moment and have learnt that will do anything to avoid admitting responsibility. I've spent hours and hours going through others' threads trying to find a similar situation but no joy. Any advice or suggestions as to where I go from here?

Wow... Cabot are becoming a debt powerhouse... The extract is from CreditToday's article of 4th June.

hi to all, this is first post and if ok will try give shortest version for you advice etc. I had a overdraft of 2k with cbank in 2010 I started having health issues and ended up out of work during next few months, at this time I had explained to bank who weren't interested. also at time trying to claim back unfair bank charges. it was getting to the stage I could no longer stay afloat and although now at 2012 I had paid the debit interest since 2010 to stay under my 2k limit the bank refused to help even by freezing interest, I told them I cannot pay. this took me over the limit and I left as waiting to see if bank would pay back unfair charges which would clear the overdraft but they did not. they refused to look at us under hardship terms although we were always in debt and really struggling, a few months went by and I got the odd letter fron debt agency and to be honest can't remember if it was cabot at time never the less time went on and although I had told cabot I did not except the debt and it was wrong in my opinion that the bank had sold to them a disputed account. it seems april 2012 that the balance was paid off but no mention on statement by who, cabot told me they took over on sept 2012. now. earlier this year 2015 I started getting more letters of demand by cabot including offers to pay a reduced amount but through principle my debt was with Clydesdale who I still believe due us and there was no way I was going to pay cabot who I guess bought my debt for a lot less than 2k. moving on I then started getting letters from weightmans and threats of taking to court, it was now at this stage I decided yes take me to court maybe I can explain and see what happens. now at stage where cabot had started cout proceeding via mc online and jumping ahead now have date to appear court which is later this month. I did get notices and unsure of what to do I kind of put my own defence which looking at some here was very crap. but they offered mediation I decided not to and then a few days ago sent as instructed a copy of defence paperwork to court and weightmans it was 2 days after that I received a basic letter from weightmans stating " by way of service,we enclose a notice of discontinuance filed and served at court today on behalf of the claimant" along with the letter is the notice and not knowing what is it says to the court the claimant xxxxxxx all blanked out, discontinues all of this claim xxxxxxxxx blanked out and against the defendant xxxxxxxxx big sentence blanked out and finishes I certify that I have served a copy of this notice on every other party to the proceedings. firstly I assume whatever I had done in my defence it worked, and does this mean its over? can they try again? and if so what should I be looking at doing? many thanks for your help

Hi all, My wife had a small BC balance (£250) when I lost my job back in 2009. To summarise, BC sent a Notice of Default in May 2009 so as we thought this account had defaulted we added it to our DMP which we started in August 2009. BC refused to accept DMP payments and sold the debt to Cabot in November 2011. Cabot have happily received the DMP payments since then. We have recently been trying to tidy up our Credit Reports to move on with our lives and have contacted BC to complain with regards to the fact the balance has never been recorded as diminishing (It went up to £500 with charges) on her report and that there was not a default showing from May 2009 only '6' late payment markers.... We then discovered that the BC 'Notice of Default' (From Mercers) was actually NOT a Notice of Default and that they had very cleverly worded it and mis spelt certain clauses to make us think it was a Notice.... So my wife wrote to the 3 CRA, BC and Cabot last week to complain and to back date a Default to May 2009. This is what happened next: Cabot instantly recorded a Default dated February 2015. BC came back with an offer to back date the original debt to a default on March 2010 when they say they sent the 'proper' Notice, and offered £500 compensation for the stress. They admitted the May 2009 Notice was confusing.... The 3 CRAs have confirmed they will investigate the matter. We never received a notice in March 2010. Is there anyway we can formally complain to have the default backdated to May 2009? We have the copy of that 'confusing' notice from Mercers And how on Earth can Cabot just flippantly record a default dated February 2015..? Any help greatly appreciated as we are at our wits end with this...

I had a loan originally from Welcome finance some 10 or 12 years ago for an amount I cannot even remember, but approx £1500. I was making the normal payments until I got into financial difficulty and they let me pay a small amount of £20 a month and they said interest would be frozen. Some time later I moved house but continued to pay the £20 per month, right up until I changed banks and the direct debit was not set up again. I have now started getting letters from Cabot demanding over £4500 for the debt. Looking back on old bank statements I found that the last payment to Welcome was made on 17th June 2009 which means that I am a few weeks short of statute barred. The latest letter I got from Cabot was telling me that they are going to instruct their solicitors to commence court action. Should I still send an SB letter? Can anyone advise me what to do.

Hi, heres the timeline of my problem. December - Claim form arrives in my name, wife who suffers from depression hid it from me Feb - Judgement awarded by default as I didn't defend. May - Bailiff notice sent out, (I see this one and realize what happened) I apply to reduce the payments. June - First payment due. The debt is a none statute barred credit card original balance around 300 debt now about 1000, dont know how it got that high assume charges and court fees the debt is from around 2010. Redundancy forced me to stop paying it. I sent Cabot a CCA request in 2012, they did not comply but I do not have the recorded delivery proof any longer. What are my options, clearly I did not receive the claim form due to my wife hiding it. (I found it recently and she confessed, till then she had claimed ignorance.) I would have defended it citing the CCA request which Cabot would have probably then dropped the claim. Again, please what are my options? Set aside due to none receipt with the CCA defence? I have no option but just pay it? Set aside based on charges, PPI and the CCA ignoring the none receipt? Thanks for any advice.

Hi just had a doorstep visit from debt collectors moorcroft my husband answered the door and nearly let her in i asked her to leave my property which she did no problem and just said she would put me down as a refusal i was just sorting out my ccas do i now send them to moorcroft or citicards

Hi guys, Long story short, wife has a debt from 2001, hasn't paid anything since 2004. Cabot recently took us to court we cca'd them, they dropped the case and we heard nothing. Until now, the case was dropped in December, they sent a CCA today that looks legit, it has her old signature on it, she's now married ofc. Do I now reply with the statute barred defence? Any advice would be good.

Northern rock's started to get me! i took a loan out in 2003 and fell into problems in 05. Sorted out a payments plan with payplan and have been paying ever since Any they keep every three months asking or an increase in payments, so to try and get some bargaining power i requested the CCA. 11 days later a puker CCA drops through my door with full accounts gutted:confused: suppose i'll be paying until i die:x

Hi there, New posting here. Firstly, I hope I'm in the right place for this and if not would someone please let me know? I am discussing this on behalf of my wife who has today received a court summons for a debt accrued under Vanquis Bank, now owned by Cabot Financial and they are suing via Weightmanns LLP, Liverpool. The total value of the debt (which includes their costs is just over £2900.00). Now, I recall my wife having some difficulty with Vanquis re a charge they administered to the account and there was some fallout, I don't know the exact facts and she's in such a state I can't find out. The long and short is, can anyone help / assist with this.... I know if there is a debt and it has been paid within 6 years then they have every right to go ahead and take you to court. I suppose what I am asking is there any way that we can prove they have not followed procedures, I know that she hasn't received mail from Weightmanns but has from Cabot but filed it suitably! If anyone can help we'd appreciate it. Cheers, C

Long story short, I I defaulted on a catalogue debt in 2010. I was in a bad place mental health wise. I'm in no way trying to use that as an excuse. And I've just got a court letter saying Cabot are taking me to court and will get a CCJ against me. I've been working hard to improve my credit over the last two years and admit I should have sorted this out but I've been ignoring it. I went online to acknowledge the case. But I've sold a few things and will be able to pay the debt in full by this Friday. Will this prevent a CCJ being logged against me? I'm lost here because this is the first time this has ever happened to me. But I don't want a CCJ on my credit file.

Sent a CCA request to Cabot 6/6/15 Signed for and received 8/6/15 Reply received today and I have attached an edited copy. They mention that information will be provided in 40 days. If details are not provided by 23/6/15 will it still therefore be unenforceable ? Cabot bought the account from Equidebt in 2013. I have never received any form of annual statements from anyone including the OC. I have only been advised of the debt balance so therefore have they failed to comply with FCA handbook CONC 13.1.5 ?

Citi-Opus-Cabot Court claim issued Acknowledged to Court and solicitors CPR 31.14 submitted to solicitor Agreed extension with solicitor Have had no further contact from Solicitor Would like help with submitting defence without any info

Hello this is going to be a really rushed thread because I decided to try and go this alone, but think I have made lots of mistakes I had a claim form through with the claimant: Cabot Financial (uk) Limited with the address for sending detail as: Restons Solicitors Limited I asked the court and they said all documentation and payments needed to be sent to Restons. I sent my CCA request there to which I have received this reply: Dear Madam Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt not provide any response. Yours Faithfully Mr S Bray, Litigation Executive pp Restons Solicitors Limited I think i have not only messed up by leaving it so late....my defence is due tomorrow, but the court recommended i send it today, but also by only sending a CCA request and nothing else. I spoke to Restons on the phone and they said i should have sent the CCA request to Cabot not Restons. Have i also messed up there? The court said that if a company has a solicitor working on their behalf then all correspondence and any payment should go though them. Although there was no mention of this in the letter, Restons only told me that on the phone! If there is anyone there ASAP that could help with what to write in my defence, which I have to fill out today, i would be forever grateful. Or do i even have a defence now?? thanks in advance Linzi x

Hi, My husband and I have been on a debt management plan for 9 years know. During this time we have done regular reviews and our repayments to creditors have gone up as well as down depending on our circumstances. Various debts have now been sold on to debt collection agencies, one agency who currently has 3 of my debts is cabot financial. After a recent review with payplan our repayment has unfortunately gone down temporarily. Cabot financial have been ringing me constantly since. I eventually spoke to them on Friday and they said it was because i wasn't meeting the contractual amount on my Barclaycard account so it was now in a pre-default state. They recommended i ring Barclaycard and inform them of my situation which I did only to be told by Barclaycard that they sold the debt to Cabot so it is no longer anything to do with them. I rang Cabot back who then started saying if I don't meet the "contractual amount" each month then my account would default. I asked why the contractuall amount couldn't just be changed and all he kept saying was that they couldn't and that they have a legal obligation to update my credit file, he also kept talking about "they" implying it was Barclaycard that set the rules and nothing to do with Cabot. when I asked who he was refering to when he spoke about "they" he denied saying that and said he said "us". My query is, if during the 9 years of being on the debt management plan my payments have gone up and down, why hasn't this account defaulted before now? Can Cabot change this "contractual amount" and could any one give me advise on trying to find out when this contractual amount was set please and if it can or can't be changed legally? Thankyou in anticipation

What if anything do I do next?? I have recently found out that Cabot have bought another of my old debts from Yorkshire bank, the difficulty is that Yorkshire bank took me to court in February 2011. after I gave them the request for my original signed documents they then wrote to me stating the debt was unenforceable. Should I tell Cabot about this or wait for another claim form?

Not seen any reference to these. Equidebt phishing trip passed to them, I suspect it's the next desk along as it's the same envelope & address. Anyhoo "ignoring them is not an option" as if:lol:

Hi really hope someone can advise me.. I received two court claims on the same day from Cabot through County Court Business Centre. Dated 29th April 2015. They relate to debt from 15 years ago. One in my old name and one in my current name I wish to defend both of them. Particulars of claim are: Claim 1) By and agreement between Royal Bank of Scotland ( ) & the defendant on or around 03/06/2000 ('the agreement') agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement. The agreement was assigned to the Claimant. The claimant therefore claims 3479.86 Claim 2) By and agreement between Royal Bank of Scotland ( ) & the defendant on or around 08/09/1999 ('the agreement') agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. in breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement. The agreement was assigned to the Claimant. The claimant therefore claims 4969.80 I submitted the acknowledgement of service and requested a copy of the agreements from Mortimer under CPR 31.14 and copies of the CCAs from Cabot. Mortimer replied on 13th May regarding claim 2 saying , they are willing to the extension, and I must notify the court in writing of the agreement. It also says they believe i have already inspected the documents. They want me to confirm what documents I have to avoid duplication and then they will take their clients instructions. Mortimer replied on 19th may regarding claim 1 just saying they are taking their client’s instructions and will come back to me, again I need to notify the court Question 1) do I need to notify the court and what do I say? In between the two letters I got two further letters from Mortimer both the same but relating to each claim separately (see below) We were instructed recently to issue proceedings for an outstanding sum owed by you to our client Cabot Financial (UK) limited. The particulars of clai referred to an agreement between you and Equidebt. We have however been informed by our client that the original creditor is RBS. This does not affect your liability to repay the outstanding balance to our client. It would be possible for our client to seek to formally amend the particulars of claim; however we do not propose to do this. We suggest that the parties focus on addressing the outstanding balance rather than the procedural aspects. If you take different view, please let us know, and provide your consent for our client to file and serve amended particulars of claim. If you have responded to the proceedings please let us know in 7 days if your position has changed. If you have not responded we have been instructed to provide you with an additional 7 days to respond to the court proceedings. If we do not hear from you within this time we are instructed to request judgement by default without further notice to you Question 2) What is this all about and what do I need to do!? I have also received from Cabot on 18th May two letters both the same saying: Thank you for your request for information under the CCA. We currently do not have this information on file, however have requested it from the lender. We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits we will write again Question 3) What do I do now? I calculate I have until 1st June to file the Defence but without any documents what do I do? This debt is soooooo old that I have no idea if this amount is right or not either. Many thanks in advance for your help

I have argued that the claimant did not serve demands for payment in writing in a competent manner. I never received a Notice of Assignment to Cabot from the original creditor, Halifax. Further more, when I received a letter from Cabot, I wrote (in May 2013) to them with a section 78 request (CCA), enclosing £10 and stated that as far as Cabot were concerned I had no knowledge of any debt that was outstanding to them, which would not be subject to the Statute of Limitations Act 1980 (the original agreement having been taken out with Halifax pre 2007). Furthermore, despite asking Cabot to supply the original creditor’s statements of account, showing when the last payment was made and when the account technically went into default (according to the accounts terms and conditions) I received no direct response. Finally, I have been making nominal payments as a token of goodwill & acknowledgment of the debt. This was done upon the advice and guidance of the Consumer Credit Counselling Service. I notified Cabot of this and caveated the correspondence that unless they heard otherwise would assume that this arrangement was to the creditor’s satisfaction. Wright Hassal have now issued court proceedings only yesterday I received two letters in the same envelope, one stating they would look to have my defence struck and proceed with the court case and the second offering me a 10% discount to settle by the 28th March 2015. Am I on a hiding to nothing and should I just get on with negotiating a better discount? I presume that Cabot would not have paid more than 20 p in the pound?