Hello,

Quick synopsis,

my Husband has had a RBS debt of a stupid amount with Blair Oliver Scott since 2006.

We have paid this every month at the agreed rate (£1).

Recently we received a letter from Cabott Financial informing us that they now owned the debt.

There was a letter apparently from RBS too but nothing said Notice of Assignment.

At this stage we would normally have CCA'd them,

but there was a new ruling that said they could make anything up and it would still stand in court.

Instaed we wrote asking for a copy of the Deed of Assignment to prove their ownership, I am still paying Blair Oliver Scott who are cashing cheques.

ten days after we sent the letter the reply has come stating that the deed of assignment is confidential and that they own the debt hard cheese etc etc etc.

(We really don't need any more court stuff as we are waiting for the bank to come back to us re our remortgage,

at which point we will have 10K to offer them.

We have been waiting for HSBC for two years now

So in a nutshell.

What do we do to put them on hold for a bit?

Have read that the Deed of Assignment is needed for proof.

Happy to use your brilliant letters just don't know where to look.

Whatever I can throw at them to keep them off our backs between now and christmas would be great.

Thank you

Thread moved to Debt Collection forum.

You own't get the Deed of Assignment.

A letter telling you that an account has been sold on etc is good enough BUT check your credit file just in case.

You should still send them a CCA request and they still have to comply although it may be a reconstructed agreement that they send you.

What type of account is this...Loan/Card/Current?

My husband took out a loan for £30k to support his business before it was liquidated in 2005.

No idea why RBS gave him the loan in the first place over the telephone, but it was a different world then...

It was passed to Blair Oliver Scott in 2006 and we have paid it at £1 pcm for six and a half years.

It's taken that long to try to get sorted to some extent. We have a number of debts in dispute.

We have conflicting advice,

will CCA them,

could we ask for he Deed number?

Surely though, if they have bought it does that mean that the original debt has been settled?

Would it be worth just offering a couple of hundred?

Can't let this wreck Christmas.

You wont get sight of the Deed of Assignment that is a confidential document between the Debt seller/purchaser. They should have sent you a Notice of Assignment.

If Cabot have purchased a debt with a repayment plan in place.. then that is their problem.

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

You should indeed send a request for the CCA - the changes you refer to are for agreements made AFTER 2007.

Do you know if there are any default charges added to the account. Do you know if there was PPI on this loan ? If so, you could look into whether the PPI was mis sold - but certainly you should look to reclaiming any charges.

Also, he should check his credit file, this shouldn't be on there now.

but there was a new ruling that said they could make anything up and it would still stand in court.

Only after 2007, if taken out before which yours was then the original document must be produced.

Stigman

Yes you are correct once a debt is paid for once(purchased ) the debt is settled in accordance to the bills of exchange act 1882, think about it how can a debt be paid for twice?

Also a notice of assignment isn't worth the paper it's printed on and you have every right to ask for deed of assignment but will make excuses not to show you it.

Yes you are correct once a debt is paid for once(purchased ) the debt is settled in accordance to the bills of exchange act 1882, think about it how can a debt be paid for twice?

 

Also a notice of assignment isn't worth the paper it's printed on and you have every right to ask for deed of assignment but will make excuses not to show you it.

OP

You should ignore this nonsense.

OP

 

You should ignore this nonsense.

Can u explain to me why this is nonsense?

Start by having a read of the Law of Property Act

Because it is FOTL information, FOTL has no place on this site, hence why there are specific sites for FOTL information for those who wish to pursue it.

I totally agree with you here and I use FOTL in my daily life, but just not when advising debtors or those on here as it has no place in these forums.

I have never heard of FOTL stuff if u read all necessary legislation all the info is there to be read and used

Here we go!

Please stick to the topic....

OK, thanks. I will ask them for an original CCA then pop it into dispute like the others, Does the letter template state that the CCA has to be original because it was taken out before 2007?

Must admit Moorcroft who bought his credit card debt sent us a reconstituted one and we haven't replied, that was nine months ago...

We didin't actually get an official notice of assignment either,

To summarise:

1. check credit file - may mean we get a proper mortgage.

2. CCA them, if we do it on Monday then they should be out of time because of Christmas and New Year.

3. Stick to our guns, payment plan in place.

Thanks for the help.

Cabot like to "conceal" their notice of assignment on the back of their "welcome to Cabot" letter, which is what they did to me, when I wriote back to refute their claims, they had proof of my receipt of their "NOA" sneaky beggars:!:

it would be worth a minute to take a look

We wrote to request the deed of assignment which we obviously didn't get,.wonder why.

Am now trying to get confirmation that a debt pre 2007 needs to have the original CCA in order for it to stand up in court.

Any links greatfully appreciated.

Happy New Year to you all.

you will never see the deed

you need the notice

yes to the second question

dx

Does this have to be the actual physical CCA or would a photocopy suffice?

copy

dx

Does this have to be the actual physical CCA or would a photocopy suffice?

Just a quick word of encouragement here. Don't worry about enforceability of a CCA until you are sure one exists. I recently CCAd RBS on a personal loan taken in Nov 2005 - they replied that the CCA was 'misfiled' and not enforceable until it was located. (With RBS, misfiled usually means shredded).

Good luck

Hello all,

we received a reply to the CCA, apparently though don't have one but are requesting the original..........

So will pop into dispute.

It isn't on his credit file anyway, so, you never know.

Hello all,

we received a reply to the CCA, apparently though don't have one but are requesting the original..........

So will pop into dispute.

It isn't on his credit file anyway, so, you never know.

How daft is that, they dont have a "copy".. so they are requesting the "original" !!

I know, it does seem rather silly. I hope it just goes away really.......

it will

cabot rarely have ANY documentation

ruddy fleecers

dx

ok shock and annoyance today

cabot not only provided the original credit agreement but also a full statement.

the original debt was for £30k

why on earth he was lent it i don't know.

we paid 1.00 a month for seven years.

we cannot afford to even pay half of it

but if our re mortgage goes through we can do £8-£10k

advice to proceed please.

is it worth fighting that the loan should never have been given?