I have response from Cabot to my CCA request.

This is for Barclays loan (36K) which they bought in 2010.

they do not have information on file and have requested said documents from original lender. they acknowledge the 12 day time limit but state they hope to comply with my request in 40 days, if the unlikely event that cannot obtain the information after 40 days, they will write again.

original loan was 42K - do i sit tight and see if they produce documents or go for a silly F&F to clear up the matter on the basis they may take something now, in the event they do find the documents it may cost me a lot more in the long run ?

no cca = no pay

when was your last payment to them?

last payment - last month via my DMP which is now cancelled,

I think payment was due end of last week as cabot text me to say payment was due,

guess I just have to play the waiting game to see if barclays come up with the paperwork and pass to cabot,

fingers and toes crossed that Barclays do not produce it

seems rather suspect to me that Barclays would sell a loan of that size for no reason.

why, they could have crushed you in court.

i'd get an SAR to Barclays running

get all the statements

something smells here

barclays wont be able to get the paperwork. it probably got lost, or it as a mismanaged loan on their side, so they decided to offload it fast. As DX said, get a SAR off. Cabot do NOT chase valid debts. Be aware though that they are extremely greedy and they will see the 10k on the debt, and potentially go to court fast.

get your paperwork in order so you can stop them in their tracks.

Hi Robbo,

SAR is a good move as said by DX but, until Cabot reply to the CCA request, you need do nothing at all.

We also need to know when you originally took out the loan.

thanks guys - will get SAR done today

to be honest I cannot remember all the facts, as was going through a messy divorce at the time. this is what I can recall

I had a repayment woolwich mortgage which allowed me to take a drawdown against it - during divorce the very kind judge awarded the debt from the drawdown account to me, it should have been paid off, once the house was sold - buts that's another story.

I took a Barclay loan to consolidate this debt and money for court costs etc etc, hence the size of loan, I was not being totally reckless, iirc it was a standard loan - taken out approx. 2007 - unfortunately due to many moves in rental properties I mislaid documents

have started SAR and read the notes - what is a CTAX bill - can I use any other documents to prove who I am as have moved several times since the loan was taken out, however

I do believe Barclay now have my current address as recently there was an overpayment on another account, I had to visit a Barclay branch to prove my new address so they could refund me £65,

when speaking to Barclays recovery, they have all accounts now listed to my current address, including this one as I asked them about it - Barclay recovery are the ones that told me they sold this debt to Cabot in 2010.

council tax bill.

as this goes right back to the Woolwich days

i'd suspect theres something dodgy about that sum that they made you take a loan out for, and that's why they shipped it to cabot.

to wash their hands of it

I bet theres all manner of insurances and arrears fees and PPI to reclaim that makes the balance up

hope so - ppi etc

Sar will go in post today - watch this space

Make sure to sar the OC. not cabot.

SAR to OC - Barclays Bank

still no reply from Cabot with CCA or Barclays in response to SAR

I am guessing that Cabot cannot go to court without CCA - found the pre-action protocol by the Master of the Rolls -

section 3.1 para a iv BUT not sure if v overrides iv as guess this debt has been assigned now

trying to get all info possible for defence, in case they go to court

- have read loads about others stories and taken notes

- you guys are great

- thanks

sar is 40 days

dx - tks - I was aware of that

was really wondering if Cabot can start court action without CCA - I would like to see my SAR details before any court action so I know where I stand and build defense

am concerned they might just go straight to court as a scare tactic (not that it would scare me, I have you guys in my corner)

defence not defense

bit stupid to goto if they failed to follow the new pre action protocols

just a typo - see post #13 where it is spelled correctly lol

Still nothing from Cabot and well past the 40 day period, guess I just ignore now, although they did say they would write again in the unlikely event they were unable to get said documents.

Also - nothing at all heard from Barclay re the SAR - I have proof of receipt from Barclays dated 26th Oct - DO I now chase Barclays as they are over 40 days ?

yes ring or send the sar failure letter

tks DX - will do this tomorrow

And if they still dont comply, take them to court

The Failed SAR template letter is in the library.

I had a good look around and could only find the lba letter,

not sure I am ready to go down that route at this time,

can anyone advise who in Barclays I can call first - tks

I just popped into the Barclay branch next to Churchill Place - guy did not have a number but emailed the relevant department with my details etc and now await a response,

guy was helpful and advised me to wait 2 days and then go back to see him if nothing received

Click here - https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?404-Data-Protection

#7 in the list - Failed SAR with no reply after 40 days.

Have been in contact with Barclays as still do not have all the paperwork, have given them some space as they send me details of person who signed for package, although never heard of the person, last week they agreed to resend.

On the Cabot front - have heard nothing at all since the letter advising they have requested from OC, this is from last October now so assuming Barclays has not sent them anything.