Hi all,

It's been a long time, it has been very quiet from Cabot re Halifax but now I have Natwest selling the account (circa 10k) to, who else, Cabot - here we go again!

I have just received the introductory letter from Cabot, the new owners?

And a generic NoA probably produced by Cabot but allegedly from Natwest.

Earlier this year I CCA'd Natwest

they responded that because this account is so old (my first ever credit card) they cannot supply a CCA as the account is so old.

They went on to say that although they know that this makes it unenforceable through the courts they expect me to honour the debt etc, etc.

I was surprised by their honesty in this matter straight from the off.

Perhaps, because this Credit card is approx 40 yrs old, that may have something to do with it!

still have that letter - but what should I do about Cabot.

They are asking me to arrange payments with them (giving me their bank details).

I have no intention of doing this.

My question is this:-

The account is still in dispute because of Natwests failure to comply with the CCA.

What is the legal position of this account?

Can they sell it on to a DCA without the agreement (whilst it's still in dispute)?

Any advice greatly appreciated.

sidley

Ignore them ...do not respond and try not to answer the phone to them.

When did you last make a payment to Westcot/NW ?

Andy

Hi Andy,

thanks for the response. Payments of £5 p m are still going on. This has been for the last 6 yrs anniversary very soon.

Does the 6 yrs have anything to do with the account being sold?

Do you think I should send a copy of Natwets response?

sidley

Hi Andy,

 

thanks for the response. Payments of £5 p m are still going on. This has been for the last 6 yrs anniversary very soon.

Does the 6 yrs have anything to do with the account being sold?

 

Do you think I should send a copy of Natwets response?

 

sidley

No..retain that for future needs...but you could send Cabot a fresh request....then they are alert to you and the debt if they consider litigation further down the line

Hi

When Cabot first bought my credit cards accounts from RBS , I sent CCA requests , this was about 15 months ago. I had one acknowledgement then nothing since

The other option is to just write to them and tell them there is an outstanding CCA request with Natwest

A CCA request does not have a shelf life and is not reliant on ownership remaining the same

Thanks Andy & Fletch,

I think I will send them a fresh CCA request and when they find out there is nothing to be had, i'll take it from there.

sidley

Just a CCA request sidley...dont be divulging information to them re the debt

You should have stop paying on CCA failure

All you've done is extend the SB Date needlessly

Thanks dx,

I didn't think about SB date.

Well you live and learn.

sidley

Hi All,

Firstly, thanks for all your help.

I have been chasing up the CCA with Cabot and Natwest. No news from Cabot apart from letters encouraging me to phone them to discuss a discount.

However, today received this letter from Natwest.

So, a) do I stop paying the £10 p.m. token payment? - currently going to Natwest who then forward it to Cabot.

b) What can Cabot do other than keep on asking me to contact them?

I did also ask them for the DN. I know this is not part of the CCA request but I thought it wouldn't hurt. No mention of it in their letter.

Thanks again.

sidley

NatWest 23.pdf

Hi All,

 

Firstly, thanks for all your help.

 

I have been chasing up the CCA with Cabot and Natwest. No news from Cabot apart from letters encouraging me to phone them to discuss a discount.

 

However, today received this letter from Natwest.

 

So, a) do I stop paying the £10 p.m. token payment? - currently going to Natwest who then forward it to Cabot. Yes

 

b) What can Cabot do other than keep on asking me to contact them? Well they can issue a claim but they would be wise to check with NW first given there is no agreement available.

 

I did also ask them for the DN. I know this is not part of the CCA request but I thought it wouldn't hurt. No mention of it in their letter.

 

Thanks again.

 

sidley

Andy

Thanks very much Andy,

NW admission that they cannot find this CCA, does this mean it is unlikely to ever be found? I first took out a CC with them in early 1980's (think it was called ACCESS ACCOUNT then). However, my CRA file states it started 1993. Maybe they upgraded the account over the years.

----------------------------------

or that could be when I moved to my current house?

Cheers

sidley

I think the Access Cards simply became Mastercards...so no upgrade or change of agreement numbers.

get out of the cash cow milking parlour......

Sidley

If you carry on paying what was the point in sending the CCA Request and the hassle you have gone through. Of course they can’t find an agreement from 1980’s lets face it you almost certainly didn’t sign one with the PTs on it.

If the worst comes to the worst you can defend and there are plenty of good solicitors out there that would help , particularly if its a large amount

You dont need a solicitor.......there is a wealth of experience here that can advise on the process.

Andy

I was only thinking that as the debt was about 10k it might go fast track and Sidley may be able to get a CFA with no success fee. Much easier if you can get a good barrister or solicitor advocate against them. Particularly as this is owned by cabot financial UK who are unlicensed. The argument for that is quite complex but proven in court ty court - unreported so I don't know how.

Thr original ACCESS cards had no written agreements - if you made a purchase using the cards then that was the so called agreement. they were chucked out by Banks willy nilly as long as you held an account with them?

thread created for this NW Access Card.

Thanks to Andy, fletch, old cogger & dx.

Quick recap: Started getting into probs late 2011 (health) went to CAB - suggested making token payments (MBNA refused and sold immediately). Have kept making token payments to NW as this seems to have kept them quiet. This July got intro. letter from Cabot, obviously saying new payment plan needed.

This is what started me asking for CCA etc.

Andy what is

able to get a CFA with no success fee.

thanks everyone for your help.

sidley

Conditional Fee Agreement (CFA) ,,,,no win no fee

Ah, thanks Andy.

cheers

sidley