Hi

I'm desperately seeking help please.

Ex wife and me took out a loan with Sainsburys Bank in 2008.

It was for her failed business but as she was self employed and I had a good credit rating,

we took it out in joint names.

We divorced in 2011 and she was supposed to carry on making the payments as she had the better income.

Defaulted in Jan 2012 and nothing has been paid since then.

Was disputed formally in December 2012 by me - wrote to Westcot who said they would provide agreement and never did

(I have that letter - their account was placed on hold until the agreement was sent and they never sent it).

Fast forward 4 years - October 2016.

I received a letter from Sainsburys advising they had sold loan to Cabot.

Also received a letter from Cabot asking me to make contact with them.

Wrote back to Cabot advising loan was in dispute and they have provided a v poor copy of agreement (photocopy of photocopy) and historic statement of account.

Both Sainsburys and Cabot have now written to me to say they think agreement is enforceable and Cabot have just sent me a further letter asking me to call them.

Ex wife has just buried her head in the sand and although she is the one with money, she is ignoring all this.

I work for a bank so have never had problems like this before.

What should I do now?

My credit file just shows one default to Cabot dated Jan 2012

Any advice would be great

Thank you so much

if it was enforceable then i'd guess Sainsbury wouldn't have sold it on.

it will vanish from your credit file on the defaults 6th birthday.

but that doesn't mean the debt is not owed.

when was the last payment?

and when did you CCA and whom?

Last payment was Jan 12. Thank you for your reply. December 12 was CCA to Westcot and they acknowledged request but never sent docs.

CCA request to cabot

so jan 18 its statute barred

yes but I don't know how long it will take Cabot to go through court process if they decide to do so and whether I should send anything to them now?

that's why I said CCA request to cabot

If cabot own the debt, then its 99.99% unenforceable. They dont deal in legit debts. Do the homework.

that's why I said CCA request to cabot

Hi. Thank you.

Sorry but what good would that do?

They have already sent me a bad copy of the agreement (copy of copy) and confirmed that they believe it to be enforceable.

I haven't had DOA, current terms and conditions or current statement.

I have also had no threat of legal action. I

'm sorry for stupid questions.

If cabot own the debt, then its 99.99% unenforceable. They dont deal in legit debts. Do the homework.

Thanks. So I should just ignore?

you cca'd wetcloths 5yrs ago before sale

you need to put cabot in their place

CCA them, the debt has been sold to them

they'll know nowt about the history

dx

I had an sainsburys credit card which was sold to Cabot, they kept saying it was enforceable, I argued it wasn't, it went to "solicitors" but never went to court, it's now statute barred, it was hard to not give in and pay them but advice from CAG was a great help...have you posted a copy of the agreement they sent? Have they supplied the correct T&C's? Every time I queried my cca with them they sent another set of t&c's totally different from the last...

Thank you. I have sent a CCA request a week ago and no reply as yet. Will update when I get a reply.

They have 12+2 working days to reply. They wont. Cabot dont enforce legit debts. They just buy up bad debts in bulk and harass people into paying.

Hi. So, I haven't had a reply. Just a statement confirming how much owed which is exactly a month after the last statement. Should I do anything? Regards Andrew

has it been 12+2 working days yet?

but anyway

no CCA = NO PAY

No - has been 10 working days.

It's just that they seem to sending these every month now but it is just a statement.

which as the 'creditor' they must

and even if they fail the CCA

they'll still do so

doesn't mean anything.

Hi

Letter received from Cabot confirming receipt of CCA and that they don't have documents so have requested them and they should be able to reply within 40 days. Should I do anything now? Thanks as always

yep ignore them

they have 12+2 working days

once passed if you were you can stop paying till they comply..

dx

Your actually paying Cabot ?

Hi

 

Letter received from Cabot confirming receipt of CCA and that they don't have documents so have requested them and they should be able to reply within 40 days. Should I do anything now? Thanks as always

Keep ignoring. Youve called their bluff, and now theyre panicking. Dont pay them a single penny or even consider it.