For the record I am a resident in Scotland.

Virgin CC - default, sold to Cabot. They have previously offered to settle for 60% twice.

cabot sent me a letter saying they are still processing the request.

They've requested the information from the original lender.

Since they are unable to provide me the requested information they state the debt is unenforceable until they provide it.

They thank me for making payments towards the account and that I should continue to do so.

Am I right in thinking I should cancel my direct debit and not respond to this letter?

They have 12+2 days to fulfil the request.

Once that expires, stop paying them.

Cabot know the rules, but theyre the lowest of the low and still try to bluff people into paying.

Mainly because they know 90% of debtors have no idea of the rules.

Cabot have replied saying they have been unable to obtain my agreement and should it surface in the future they will let me know although its unenforceable they will continue to chase payment etc...

While I know it's unenforceable at the moment is it worth trying to go for a low F+F as if like to put this debt to bed without the worry of the cca showing up further down the line?

an F&F doesn't put it to bed and resets the SB clock

don't get taken in by some of the bad advice some sites peddle.

the CCA turning up is all cabot can do

and even then it wont be enforceable. I bet

please don't forget making people worry is ALL a DCA can do.

they are NOT BAILIFF

and have

ZERO legal powers.

No. no. no.

If they cant enforce it, you dont pay them a single penny. It is complete wasted money. You may think youre putting it to bed, but it already is. You may as well flush that money down the toilet. Literally.

Go spend it on something for yourself or family, and stop thinking a DCA can do anything to an unenforceable debt.

Cabot do not chase enforceable debts. They only deal with lemon debts and bluff and trick debtors into believing they have some kind of power. Please do not fall for it, simply because they MIGHT do this, or MIGHT do that, when it is extremely likely theyll NEVER do it.

Just keep hold of the letter that says its unenforceable incase another DCA comes calling when they sell it on.

Oh and dont think paying them will stop them selling it on. Theyll see youve paid, try and get more from you, then still sell the remainder telling the new DCA " here, this mug pays up easily. Try your luck".

Thanks. The SB clock has only just begun really since last payment was November. I guess I just feel that it is likely the CCA will turn up since it was a card opened in 2016.

If cabot have it, then the debt is unenforceable. You just have to find out how. Please dont fall for their silly lies and tricks.

Evening all,

I sent Cabot a CCA request in November 2018 with regard to a virgin cc from 2016, they replied around January saying they could not find the agreement and therefore it was unenforceable. I stopped paying them.

Today I received a letter from Cabot stating that they have enclosed all of the relevant information following my request.

In the even that we have provided a reconstituted true copy of your credit agreement, for the avoidance of doubt this complies with the Consumer Credit (cancellation notices and copies of documents) Regulations 1983 and therefore complies with the obligations set out in section 77-78.

They consider the agreement is now enforceable and therefore we are entitled to obtain a County Court Judgement against you. However, we would prefer that you work with us to set up a repayment plan to settle your outstanding balance.

It then goes on to tell me about the balance thats owed etc.

They have attached what they deem to be the agreement. It's then followed by some generic T&C's from Virgin followed by a statement of previous payments to Cabot prior to the CCA.

Whilst the name and address were correct on the agreement I find it very odd that it has a sentence saying I applied for the card through Uswitch Limited - I have NEVER used Uswitch to apply for a credit card (another site was used) - any advice on this?

It also doesn't appear to state whether it is a reconstituted agreement, it doesn't have a date the agreement was taken out, a credit limit or signature (not that it would since it was an online application).

Any advice on what one should do next?

scan up the full return to ONE multipage PDF

read upload

Morning,

Attached the full document I was sent, the very last page just has a statement of previous payments made.

Cabot_CCA_Redacted.pdf

total box roll

the 1st page contains not tick box or anything to show that you signed a compliant CCA agreement

its an application reply

the rest is just a pamphlet not naming you at all of T&C's that are generally available on the internet.

as for the statement

its on cabot letterhead for their system NOT from MBNA.

ignore them 

until/unless you get a letter of claim from a solicitor

dx

Fantastic, thanks. So still in default of CCA request and that would be the response if the solicitors get in touch?

It might be years before you hear from them again, just make sure you write to them with a change of address if you move house.

So prior to getting sent that "agreement" I had previously offered to settle for around 5% in a bid to just be shot of it entirely. 

Shortly after that letter turned up in the post. Today I received a letter saying;

Thank you for your recent letter.

As per our letter dated xxxx we can confirm that your request under the section [77-78] of the consumer credit act 1974 as now been fulfilled. As such your account has been reviewed and unfortunately, we are unable to accept £xxxx in final settlement.

However we are pleased to confirm we will accept £xxxx *more than 3.5k on top of what I had offered however about £2k discount still applied*

Goes on to say how important it is I contact them prior to making any settlement etc. Am I correct in thinking something doesn't add up? Why offer such a large discount on a balance they day is enforceable

as post 11 

their CCA return is bogroll 

note carefully..they say..

As per our letter dated xxxx we can confirm that your request under the section [77-78] of the consumer credit act 1974 as now been fulfilled.

not that its enforceable.

So pretty much just ignore everything going forward unless it's a letter before action?

Anything I should do in the interim so I have a headstart/response ready for further down the line?

yep PAP letter of claim from their pet solicitors

cant hurt to send a free SAR to MBNA.

Thanks dx, does anyone know the address for Virgin to send a SAR to it seems the link in the tutorial to check is down?

No mbna

Ok, are MBNA the parent company or something?

no

its a branded credit card issued by MBNA

get reading up 

No further correspondence from Cabot, still awaiting response to SAR from MBNA, Once their calendar month is up for replying to the request is there follow up I need to do on my part?

30days 

no harm in ringing them.

dx

Morning, 

MBNA replied within the 30 days saying they were unable to locate an account with my details and to reply with any previous name and address. 

Card was taken out prior to moving however virgin would of had the new address for some time before the default. Given them the benefit of the doubt and provided the previous address. 

I assume they now have a further 30 days to provide the info? 

you should of done that already

it says so in the guide.

pers i'd not worry about what time they have

cabot have gone radio silent so no rush..