The following is general information on the Cabot Group, one of the debt purchasers we frequently find ourselves fighting in court. We do not act for this company, we act for clients being sued by them.
Cabot Credit Management Group Limited
Cabot Credit Management Group Limited is based in Kings Hill in Kent and has multiple offices throughout the UK. They are part of the Cabot Credit Management Group and have been operating since 1998. The Cabot Group of Companies specialise in purchasing consumer credit debt.
Companies that are part of the Cabot Credit Management Group include:
- Cabot Financial (Europe) Limited
- Cabot Financial (UK) Limited
- Cabot Financial Limited
- MFS Portfolio Limited
- Cabot Financial (Marlin) Limited
- Marlin Europe II Limited (ME II Limited)
- Marlin Europe V Limited (ME V Limited)
The Cabot website uses the quote “I’d never heard of Cabot until I got into debt”. That is something we can relate to, as many of our clients have said similar to us after having received a claim form issued by Cabot or notice from the court that Cabot are trying to enforce a default judgment the Defendant was not aware of.
Enforcement includes instructing bailiffs, attachment of earning orders, orders for questioning, charging orders and orders for sale. Cabot have also been known to use the bankruptcy process once they have obtained judgment.
Cabot usually issue the claims against consumers in bulk using a firm of Solicitors namely Mortimer Clarke Solicitors, who are also part of the Cabot Group. Prior to issue of proceedings they usually instruct Westcot Credit Services who are also part of the Cabot Group of companies to chase the debt.
If you have received a letter of claim or a County Court Claim from Cabot, or Cabot have obtained a default judgment against you, we can advise you how to proceed, or we can act for you. These claims can be defended and default judgments set aside.
Our view is that these companies, once they issue county court proceedings must show us and the courts that they have complied with the statutory requirements of the Consumer Credit Act 1974, the Financial Services and Markets Act 2000 (FSMA) and the Law of Property Act 1925. If they have not then they are not legally entitled to enforce these debts. We defend all cases vigorously – our record of success in defending these claims or setting aside default judgment is near 100%.
Here are just a few examples from the many cases we have successfully defended against the Cabot Group:
Cabot Financial (UK) Limited v Harvey (2020) (Leicester County Court)
Application to set aside Judgment and Summary Judgment for the Defendant and Claim struck out as the Claim has been issued totally without merit, fails to bring any Cause of Action against the Defendant and is an abuse of the process. Cabot consents to Judgment set aside and the claim dismissed.
Cabot Financial (UK) Limited v Dean (Basildon County Court) (2020) – Claimant instructed Gough Square Chambers – Claim for monies owing under a consumer credit loan agreement – Default Judgment obtained – Defendants application to set aside- part heard – Claimant consents to set aside and dismissal of claim
MFS Portfolio Ltd v Phelan West (2019) (Cambridge County Court) – We were unsuccessful at first instance and the Claimant obtained Judgment against our client. The Judgment was successfully appealed after a four-day appeal before HHJ Walden Smith on the issue of assignment and the current account overdraft itself was declared to be unenforceable under s.127(3) the Consumer Credit Act 1974.
Marlin Europe 1 Limited v Dzirvinskis (before CJ at Gloucester County Court) (May 2019)- (Claimant part of Cabot Credit Management Group) represented by Gough Square Chambers- Claim for monies owing under a HSBC Bank plc consumer credit loan agreement and a HSBC Bank plc personal current account overdraft – claim dismissed as claimant could not prove title and the loan agreement and current account were unenforceable.
Cabot Financial (UK ) Limited v Roper (2019) (Brighton County Court) Cabot obtained judgment in lower court. Judgment successfully appealed. Grounds of Appeal included agreement unenforceable within multiple sections of the Consumer Credit Act 974 and the Claimant had not established title to sue. The Claimant consented to the appeal.
Please note that County Court decisions are not binding on other judges. Each case has to be argued and defended on its own merits.
Contact us at [email protected] or telephone 0151 254 6980.