Cabot finance taking me to court

[Jasonknox]

Re: Cabot finance taking me to court

How do I do that

[nemesis45]

Re: Cabot finance taking me to court

How do I do that

[MENTION=49370]Kati[/MENTION] please can you help Jason to post a copy of his agreement.

nemxx

[Kati]

Re: Cabot finance taking me to court

How do I do that

@Kati please can you help Jason to post a copy of his agreement.

nemxx

Of course ... Jason, if you email a copy/pic of the agreement and put a link to this thread in the email I'll redact and post up
kati@legalbeagles.info

[Jasonknox]

Re: Cabot finance taking me to court

Just sent agreement

[Kati]

Re: Cabot finance taking me to court

it's a bit blurry ... but here goes

[R0b]

Re: Cabot finance taking me to court

Jason,

Do you have proof of payment or any correspondence that you VT'd and paid half the total amount payable? If you do this is a straight forward case.

In addition to that, you could also argue that Cabot are not authorised by the CCA and therefore committing a criminal offence in trying to obtain judgment for an alleged debt (which you deny as you have paid of 50%) so either way they cannot obtain judgment.

Bank statements would prove how much you have actually paid under the agreement.

[Unregistered]

Re: Cabot finance taking me to court

I have a statement from bct to say how much is paid what do you mean it's a legal what they are doing how can they get it to court

[Jasonknox]

Re: Cabot finance taking me to court

No proof of vt but statements showing how much was paid what you mean Cabot are not authorised by the cca

[R0b]

Re: Cabot finance taking me to court

Well if you have a statement showing how much has been paid have you shown this to the court already? If so, why not take the contract to court along with the statement to prove that you paid this much and you VT'd the agreement which you were entitled to do. Presumably you don't have the car anymore right?

If Cabot Financial are named on the claim and have been giving instructions to solicitors they are committing a criminal offence. Debt collection is a regulated activity which now falls under FSMA 2000 and within the remit of the FCA, therefore businesses need to be authorised to carry out regulated activities. To be more specific, section 19 of FSMA states there is a general prohibition on carrying out regulated activities and is guilty of a criminal offence if a person/business is not authorised to do so.

Article 39F of Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 confirms that debt-collection is a regulated activity that includes taking steps to procure the payment of a debt under a credit agreement.

Finally, a person or business that purports to hold out as if it is authorised is also guilty of a criminal offence. Cabot are also in breach of this as they are acting/behaving as if they are authorised to carry out regulated activities when they are not (section 24 FSMA).

You can find Cabot Financial's authorisation here has lapsed ('Current Status')-> http://fca-consumer-credit-interim.f...w?accId=472690

[Jasonknox]

Re: Cabot finance taking me to court

That's why the court through it out last time as no contract present
Cabot finance have instructed Reston solicitors to act for them and on the court forms it says Cabot finance versus j Knox
They have tried on 2 occasions to get the judgement changed without a hearing but failed

[nemesis45]

Re: Cabot finance taking me to court

That's why the court through it out last time as no contract present
Cabot finance have instructed Reston solicitors to act for them and on the court forms it says Cabot finance versus j Knox
They have tried on 2 occasions to get the judgement changed without a hearing but failed

There has it seems been no judgment made, the claim was stayed and now the stay has been lifted.
Cabot Financial does not appear to have any problems with the FCA as it operates under the permissions of it's parent company. ( from a reply to an inquiry I made earlier this year.)

nem

[R0b]

Re: Cabot finance taking me to court

I'm a bit confused, do you have a copy of the contract or not? Kati posted up some pages of what appears to be a contract so you either have it or you don't?

Is it Cabot Finance (UK) Limited?

If you have the contract, you have a statement of how much you have paid, you specify to the court that Cabot Finance (if its CF UK) are not authorised and are committing a criminal offence. I would suggest print out copies of the relevant sections I have referenced.

Finally, if they have brought a claim which they are not entitled to do so ask the court to amend your claim to allow a counterclaim for malicious prosecution. The Supreme Court has recently accepted that if a person brings a claim which is groundless and the intent of causing injury to another, the ought to be liable for compensation. That case is Willers v Gubay 2016 UKSC

If you have all the necessary ingredients why have you not just provided all of this in court (if you haven't already)?

@nemesis45, I also made inquiries recently and the FCA does not have any group licence permissions. Every business who conducts a regulated activity must have their own licence as the group licence under the OFT is now revoked - The FCA published a guidance booklet on this so I will try to dig it out. Unless you mean something else? An example of this is the Law Society's group licence under the OFT - this allowed law firms to operate under the LS's licence but since the FCA has moved in, firms must now apply for their own.

Edit: here's the link https://www.gov.uk/government/upload...ion_to_fca.pdf

Section 3.19 at page 26

[Amethyst]

Re: Cabot finance taking me to court

So the hearing is for the claimants application to lift the stay ?

You can put in a 'witness statement' before the hearing if you think you'll have trouble detailing things to the judge on the day - that way the judge will have a good idea of the case before the hearing starts. This can include
when you VT'd the car, how much you paid and when, and a copy of the contract etc.

You need to have paid £8592 to VT as well as any overdue/arrears charges etc. So can you evidence that you paid that amount - eg. bank statements showing payments etc?

[Amethyst]

Re: Cabot finance taking me to court

Cabot are licenced - http://www.cabotcm.com/important-inf...n-with-the-fca

I'll put that on a separate thread actually as it comes up quite a lot xx

[Jasonknox]

Re: Cabot finance taking me to court

Yes have contract and statement so just to be clear it is Cabot finance
What do I need to say in court