Hi, I have an old Bank loan from the early 2000s that I was making small payments towards until about a year or so ago when I ended up out of work. I think it was with Lloyds but I forget now as I had a lot of debt at that time and paid off a lot of it but not all. The balance is £3,7xx. Having receieved a lot of letters from Cabot since I stopped paying (which I foolishly ignored) I have now received a letter from Shoosmiths saying that :- "your agreement with our client is terminated and our client requires your proposals for payment, in the short term. PLease treat this letter as notice that , unless an agreement is reached within 14 days of the date of this letter, we are instructed by our client to commence court proceedings against you ....." They say their client is cabot financial and the original lender is Prime CRedit 1 s.a.r.l. I am wondering whether it would be too late for me to go down the route of sending them a CCA or such like as although I was making payments for years I'm not sure Cabot ever had authority to collect on the debt, but at the time I was too scared not to make an arrangement with them. I'm not even sure if cabot even had authority to pursue my debt or whether they simply bought it from Lloyds when Lloyds contacted me to say they were writing it off, but I had wanted to make payments anyway. I'm back in work now but struggling each month as I have 2 young kids now. I could start paying again but it would be small amounts each month, whereas the letter suggests they want full payment. I'd appreciate any advice. I went through the whole CCA procedure with an old debt and they never responded and I heard no more about it, but I wonder whether it's too late for that here since I was making payments for a few years. Many thanks.

Hi guys looking for some help with this that came a couple weeks ago before i went on holiday. Name the issuing court: Edinburgh sheriff court Who Is The Claimant: Cabot financial uk limited Who Are the Solicitors: Nolans What type of action? Simple What is the claim for – On 19/03/2014 the Respondent entered a Retail Credit Agreement with HITACHI NOVA under which the Respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974.. The Respondent failed to pay as agreed on demand and is in breach of contract with the said HITACHI NOVA. the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 28/01/2016 and the Claimants have advised the Respondent of same. The said sum of £988.32 is the sum sued for. The claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent has refused or delayed to do so. Last Date Of Service:-19/09/2018 Last Date For Response:- 10/10/2018 What Documents are listed in Box E2:[or in your form requesting the same?] 1. No Defence - No evidence required. 2. No stateable Defence (Rule 4.4 breach) - No evidence required 3. Defence on Prescription - Copy statement of account only. (Agreement must be admited to plead prescription. So agreement not required.) 4. Denial of Agreement - Copy Agreement dated 19/03/2014 N.B. Generic Rule 8 Orders should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead evidence such as assignations or default notices until/unless specific Defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be pled due to Omnia Praesumunter Rite. Acta Esse (Trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419, 420) HP Agreement BOX D5 what has the claimant stated: from your knowledge: answer the following: When did you enter into the original agreement before or after 2007?. After 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No When was you last payment:- Unsure but for sure sometime in 2015 Why did you cease payments:- Major gambling problem 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 management plan Yes Any help would be appreciated, this is a great site doing good work Thanks Craig

Back in 2010 I received a ccj which I have been paying £10 a month to Hillesden Securities who were managing the account on behalf of Cabot. I have recently received a letter from Cabot informing me that they have asked Mortimer Clarke to take over managing my account. Apparently Mortimer Clarke are happy to keep to the repayment plan agreed with Hillesden, but they will need to speak to me to arrange for my payments to be sent to them directly. I don't particularly want to speak to them as I'm worried they will start to harass me for higher payments. I have found an email address for them so am going to use that. My question is though, should I be worried that Cabot have moved the account to Mortimer Clarke after all this time?

Hi, Just received a county court claim form on behalf of cabot financial, the solicitors are Restons. This is a first for me, never dealt with this kind of thing before, honestly dealing with debts has been a struggle, so maybe i shouldnt be surprised but for £330 im a bit suprised but it is owed, my questions if possible Can i offer an agreed amount with the solictors to start clearing? Or is it a case the whole amount is owed and im screwed i guess is the word I was made redundant 4 weeks ago so this is not the greatest of timings .How do i proceed, im not going to disagree with the claim as im fairly sure the debt is valid its just myself who didnt organize my debts properly that led to this. So do i accept the claim, then contact the solictors etc?

Hi everyone My first post here. I’m seeking advice on being asked by Cabot for an MBNA credit card debt of £2300, opened in Dec 2005 and defaulting in May 2011. They have history of most of my addresses and I received a letter from them recently to my current address. They say they have no documentation to clarify the amount owed nor are they able to request any from MBNA. Apparently the account is on hold for 30 days and then they want a direct debit arranges for repayment. Any advice welcomed thanks

Hi Guys I have received a letter of claim from Restons solicitors for a debt bought by Cabot financial. I have made a complaint to the financial ombudsman that the original creditor ‘ a credit card company ‘ refused to deal with several mistakes on my account over a year before Cabot bought the debt and simply told me to deal with the 3rd party debt collectors. The ombudsman said that as they were still the legal owners of the debt they had a duty to deal with me and not pass the buck to the debt collectors. The amount Cabot are claiming is for £1800 when the correct amount after deducting the disputed amount is £1150. My question now is, should I contact Restons who have sent me a letter of claim and say they will start proceedings on 18 05.2018 or Cabot or both and tell them its a disputed amount sold by the original owner of the debt and I have now made complaint to the FOS for which I have received relevant paperwork and a reference number. So would they like to put proceedings on hold whilst this matter is dealt with by the FOS as I see no point in starting court proceedings when they are trying to claim the wrong amount.I I don't dispute the lower figure. So far I have made no contact with either company.

Hi I had a credit card debt with Providian that was sold to Cabot a number of years ago. The last monthly payment I made on the account was in July 2012. In August 2012, I wrote a CCA request to Cabot using the CAG template from the library. They wrote back stating that they would attempt to get the information requested within 40 days. In October 2012, Cabot wrote that they had not obtained the info I needed under S77/78 CCA 1974 and as a result, the debt was unenforceable. In the meantime, they recommended that I continued to make repayments to the account. Obviously, no such repayments were made and I made no further contact with Cabot. Similarly, they have not been in contact with me in the intervening years until this month. Earlier this month, I received a letter from Cabot out of the blue, offering to write of the debt for around 12% of the apparent outstanding amount. The figure is a few hundred pounds. This “offer” to free me of the account as they called it, was valid for twenty days. The said payment would mean that they would no longer contact me about the account. I made no contact with them regarding the matter. This week, I’ve received what no doubt is the first telephone call from one of their call centre staff. Upon asking for me and revealing who they were, I said “All communication in writing only” and put the phone down. It seems to me I have two options here: 1. I could photocopy the October 2012 letter from them and write something like “still waiting for the documentation” on it and enclose a copy of their begging letter or 2. I could send them a Statute Barrred letter from the CAG library. Which of these would you advise or is there an alternative? I take it that as no payment has been made since July 2012, the entire debt is Statute Barred? Thank you very much for your continuing help

help please I have received a letter from cabot finance stating a claim for over £2000 , with court papers there is only a brief out line with what this claim is for (julipa catalogue) default on payments. nothing about what is supposed to have been purchased such as shoes -clothes also it just states a name no date of birth or any more information .or prof this is my debt plus these papers do not look official court papers. I do not know if this is relevant , I have been getting phone calls late evenings and early mornings plus being bombarded with text messages. the letter before this one with court papers stated that contacting me the way they have is not classed as harassment and as this is the case they will carry on contacting me in this way funny how all calls and text have stopped. I have M.E. and with this comes clinical depression and trying to fight this is leaving me feeling that I am in this big black forest with no way out . included in this is response pack, Admission (specified amount) , Defence and counterclaim, Admission (specified amount). if any one can point me in the right direction it would be greatly appreciated .I do only have 14 days it states to reply it is dated 19/09/17.

Hello everyone. Im new here, so I hope I am in the right place. I really dont know where to begin. I was paying my credit card off at a reduced rate until around 3 years ago when my debt was sold to Cabot who more than doubled my payments. It was too much for me to afford with no job, recently divorced and a young family to support. So I defaulted. Other than one letter from Cabot asking me for full payment of my debt, I have not received any further payment requests nor notifications of home visits during this time. I have lived at the same address for 6 years. I am in Northern Ireland. Last week I received a home visit from Resolve Call debt collection agency. He said I would have got a letter giving me 7 days notice of his call, but I honestly did not. He was very rude and really frightened me. He said various nasty things and made some threats of court action, bailiffs and being made homeless if I failed to pay in full. He also said that he will keep coming back until I pay up. I have been terrified to answer my door for almost a week. I really dont know what to do or where to go from here. I dont have the money to pay them and they wont listen to reason. I did query the account with him when he tried to push his way into my home by attempting to walk straight through me, but I did not admit to the debt. They want the full amount or they will take me to court. My original debt was for £15000 and with my previous payments it now stands at almost £9000. Any advice would be deeply appreciated.

I have today received a claim from Northampton issued by Cabot in respect of a Marbles credit card which fell into arrears some months ago. Without boring everyone with my life story and the reason I am in financial turmoil but I got into the payday lending trap last year, struggling to find work and wasnt able to pay my credit cards and so earlier this year stopped paying. I did write a letter but never had a reply just started getting DC letters which I ignored and now they have issued a claim. I am shocked to be honest at how quick Marbles assigned the debt to Cabot. Advice on how to proceed would be greatly appreciated.

Advice please I have received this letter, see pics, its a debt with marbles credit card which was then sold to cabot this year, now i have got this letter from Mortimer Clarke regarding potential court action if i do not respond in 30 days. ( i also have an aqua credit card and aqua loan which i have also not paid off they are sending me letters as well but not go to this stage yet and they are the same company as Marbles so i guess will be doing the same thing next. I cant afford to pay this and have been struggling. Long story short, my ex used to take my money and use my cards to gamble and pay for a drug habit i didn't know about i was subject to mental torture for an extended period of time, if i didnt let him do this he would threaten to tell my job lies to get me sacked which made me feel sick as i love my job and i am good at it, now he is finally out of my life i have a shed load of debts that will be chasing me like this one. What is the best thing for me to do. Thanks in advance.

My husband received a letter from this shower on Friday morning, telling him that he owed over £7k on a current account with HFC Bank. To the very best of his knowledge, he's never had any sort of account with HFC - is a "prove it" letter in order to start with? We intend telling them that he denies it is his debt, in any case. Thank you all so much. Catherine Just adding to my own post - I have looked again at the letter from Ruthbridge - it accompanies one from the lovely Cabot Financial, which is telling my husband that, as they have not come to a mutual agreement with him to repay "his" debt, they are passing it on to Ruthbridge. There is no account number given for this alleged current account with HFC Bank, only a reference number from Ruthbridge. I'm inclined to think that this is a phishing exercise - he's never had anything from Cabot about anything. Thank you again. Catherine.

Hi i have received a letter from cabot about an old credit card, how can i tell if this is statute barred, i dont think i have made a payment since 2010 as i moved abroad, i came back in 2012 but was not in a financial position to make any payments. Please advise thanks

Good Afternoon, I am hoping somone would give me some advice, I have been recieving letters from Mortimer Clarke Solicitors, i have attached the most recent one. This debt is from a Loan i had from Sainsburys in 2011. I had been making payments on it for some time and paid 70% of it off. For some reason the payments stopped, possible due to closing my old Barclays Bank Acc and moving address aruond the same time, the loan was fogotten about completely. Cabot are now after the remaining £300 of the debt + all their fees and charges. I have responded saying i will pay £70 per month which is what i used to pay Sainsburys but they now want me to fill out their expenditure form. What are my options here? They mention Court Judgement and a Warrent of control? but i havent reieved anything from the Court this issue was only bough to my attention about 6 weeks ago. I have not refused to pay, i have responded to all thier letters a Warrant of control seems slightly over the top. Any help would really be appreciated. i checked my Clear Score and its been hit hard by this! infact its gone down about 90 points. Many thanks

Today my other half received a rather strange letter titled Notice of Transfer Of Proceedings from Cabot Financial UK Ltd that states this claim has been transferred to the county court at _____________ for enforcement. This was done apparently because she did not reply to N56 (form for replying to attachment of earnings application) within the specified time. She did not receive this form. The receiving court will arrange for the bailiff to serve N61(order for statement of means) The only CCJ she had was over 10 years ago and is now definitely statute barred. Is there anything I can do to prevent any further action on this? Surely Cabot are taking the mickey??

I received a voicemail message today on a mobile phone that I just use for data. Only two close family members know its number. It has a sim on a monthly rolling contract. My Equifax CRA file, via ClearScore, has an entry showing TalkTalk and the last 2 digits of the account number, but no details of the phone number. The call was from 03445560216: "This is a private call from Cabot Financial. If you are available now, please press 1" ...pause for a few seconds... "This call was placed by Cabot Financial. We can be contacted on 03450700112." Equidebt wrote to me over six years ago, soon offering 80% off. When they went out of business, Cabot took over. Last year, they wrote that they, Cabot, a debt collector, were passing my account to Ruthbridge, a debt collector. Serious stuff. Ruthbridge offered 70% off. Meanies. If I didn't take them up on this magnificent offer, they might, they wrote, return the account to Cabot, who might 'look at alternative activity'. Do they mean skullduggery? Does anyone here have experience of this sort of thing, debt collectors getting hold of phone numbers unlawfully? Or is it just some kind of scattergun approach where they don't actually know who they're phoning? I'm not really bothered, more curious. I just haven't got around to sending them the Limitation Act letter, which I used a couple of years ago on another matter to stop Robinson Way. Which was nice.

When Carboot offload a debt to a Debt Manager,it must say something..... even sarcastic comments welcomed

Hi, I am looking for some concrete advice please on where I stand with a debt that's hanging over me. The debt is for around £9k and was originally a HSBC credit card. I received a CCJ toward the end of 2013, along with a Charging Order against my property, which I unfortunately didn't contest. As I am self-employed and have children, there has been no enforcement action that the courts would take against me, so I have never paid anything toward the debt, or acknowledge it. HSBC gave up earlier this year and have sold the debt to Cabot. I have read a number of threads on this forum and others which contain a lot of conflicting information. So I guess my questions are: 1. Can I get the Charging Order removed on the basis HSBC no longer have an interested in the debt, or have Cabot effectively taken ownership of both? 2. Am I right in thinking Cabot have no enforcement options whatsoever unless they get the CCJ and CO re-assigned officially in the court? 3. Will Cabot likely affect a low F&F settlement to see the back of this debt, or do they usually hang on for the long run? 4. I believe there are probably at least 1-2k worth of charges and interest added to this credit card, can I pursue HSBC for them, and if they are awarded, can HSBC withhold it against the original debt? Thanks in advance. JD

Hi apologies for the long winded post. Please can someone advise on a debt issue i have with Cabot financial. They purchased the debt from Aqua and sent various letters relating to the debt. Eventually it was passed to Mortimer clarke solicitors advising pending ccj request. As they didnt have a web portal to complete an income and expenditure form i did it on cabot's website instead after about a week i received an email saying contact Mortimer clarke. I neglected to do this and was issued with county court papers on 06/07, i contacted both parties to make a payment arrangement but was declined and it was as if all they wanted to do was get the ccj. After pleading my case with no willingness to negotiate on their part i decided fight the case and request a cca which i have done. They have failed to provide a cca i have received a letter dates 30/08 from court saying they have 30 days to notify how to proceed then case will be stayed. Prior to this i have been in touch with debtline who said i could request a tomlin order which is at the creditors discretion i contacted cabot and mortimer clarke with the request and needless to say they were unwilling to agree and just wanted the ccj. At the time i just thought it was a mutual agreement between myself and cabot but it turns out it is an official court order which i suppose is better than a ccj. I have received a letter the other day 06/09 from Mortimer clarke headed "without prejudice save as to costs" it says that cabot are willing to agree to a tomlin order and i have 14 days. They have attached an income and expendature form to complete along with an offer. The debt collection teams for both companies were so unhelpful and unwilling to listen to the fact i had initially completed the online form for cabot or the reason i was in debt in the first place. The debt is from a bad point in our lives and i am not unwilling to pay it back but these companies buy the debt for a fraction of the price and go straight for a ccj, absolutely despicable. The defiant side of says stand your ground and keep fighting on the grounds it is currently unenforceable but my head is saying complete the form. If i agree to a tomlin order and there are issues further down the line the lack of a cca will be irrelevant ill just end up with a ccj and this will have been for nothing. Just wanted to know if anyone had been in a similar situation or can advise what my options are. Kind regards Ian

Good evening CAG, I am new to this site but I must say that I have heard how fantastic you are at helping, so, I am hoping you could point me in the right direction. I have received a claim form from Northampton which has been issued by Cabot Financial. Now they say that I owe money to Moneyway (a loan) and give an account number but, it has been issued to me in my maiden name which I have not used since 2007. Now, I dont ever remember taking a loan with a company called Moneyway so I am pretty amazed at this, let alone using a name I havent been known by for a number of years. they say that the debt was assigned to them, so I am guessing they brought this supposed debt cheap, but I think they must have picked me off an old voters list or something as I have never done business with a Company called Moneyway. Now I dont really know much about rights as a consumer or anything but I thought that debts became statute barred after a certain time. I need to do something but I dont know what and I dont know how much time I have to do it before a judgement is registered against me for something I have not had. Could someone please point me in the right direction. I would be so grateful. Thank you LTB

Name of the Claimant ? Cabot Financial UK Limited Date of issue – 17th January 2018 What is the claim for – 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Tesco Personal Finance Plc dated on or around Oct 20 2012 and assigned to the claimant on Aug 14 2017. Particulars are a/c no xxxxxxxxxxx DATE 11/12/2017 ITEM Default Balance Value Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a PAP and responded with a CCA (postal order etc) What is the value of the claim? Between 3 and 4 k Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After 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. Assigned to Cabot who are the claimant. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes probably, didnt keep letters, was in a bad way. Did you receive a Default Notice from the original creditor? I believe I did. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I do not recall getting these. Why did you cease payments? Financial hardship, Mortgage arrears accumulating What was the date of your last payment? Some time in 2014 Was there a dispute with the original creditor that remains unresolved? Not that I am aware of Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO unfortunately. Hi all, thanks for being here for those of us who are having a hard time.. ..Before Xmas (so that postal delays were at the maximum) I received a PAP from Restons/Cabot to which I responded with the CCA according to the forum guidelines. Within a day or two of this I received a Claim Letter from Restons I am trying to prepare the CPR31 but the particulars dont really amount to much so what should I request in respect of the evidence they may be presenting? The clock is ticking and I am yet to post the Acknowledgement of Service. The claim also doesnt give a court 'name' as such, just a county court business centre and a number. Is this correct? Thank you for any help/reassurance you could give me.

This is for an old overdraft that may or may not be statute barred but no one will reply to me to tell me! Court papers issued, filed defence asking for all paperwork etc and proof not statute barred, Northampton then asked for some kind of form to be filled out where Restons asked for a three month stay and its now been transferred to local court and I attach what the Judge has asked for. Need some advice on what I do as this arrived yesterday and dated 26th so I guess 5 days service plus 7... .Interesting to see that Judge has a) Referred to mediation and Restons have previously put on their form before transfer that they wont enter into mediation. b) Judge has asked for us to liase, but Restons wont enter into correspondence with me at all c) The court fee is nearly as much as the claim Hopefully this will help, perhaps a mod can delete the two above please as not to confuse issues

Hi all. Really appreciate an opinion on next step, if indeed I should even bother. I had a debt with Black Horse which I disputed with them in 2008 approx. I received many letters from various agencies over the next few years, Clarity, DLC, and Lucas, up until 2013. I didn't ring or write to them and certainly never gave them a penny. This became Statute Barred in around 2014. It hasn't been on my Credit Report since about 2014. Out of the blue today I received a letter from Cabot saying they now have my account and list some methods of payment etc'! Love to hear your thoughts. Cheers, Billy.

I've had a MoneyClain from the Northampton BC, Sainsbury's Credit Card/ Cabot - Restons Solicitors). I have acknowledged receipt through MCOL online and I'm filing a defence today. I sent a CPR 31.14 asking for the documents mentioned in the Particulars of Claim. I have this morning received a letter from Restons stating the reasons for not sending me the required documents. I did try to speak with Restons when I first got the claim but their position was pay up now in full or else. Pretty unhelpful and somewhat Cavalier. I must send my defence today but haven't got any documents from the Claimant.

My wife had a Lloyds credit card back in 08th June 2007. Account Terminated 12th February 2009. This debt was never acknowledged by my wife at the time nor has she acknowledged this since. There is nothing on her credit file regarding this outstanding £2,463.99. We have checked back to when they are claiming the last payment was made and we cannot find any evidence of this at all. Am I correct in thinking that this is statue barred and both Cabot and Reston's are chancing their arm by trying to frighten her into paying this amount? They are threatening her with a ccj if she does not pay the full amount by 9th December 2016. What would you guys advise as I want them gone and out of her life. Many Thanks Julie