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Cabot re Capital One - Is this default OK?


dale1988
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Hi,

 

Please can someone look over this default and let me know if it is enforceable?

 

From the previous S78 I believe the debt to be unenforceable, it's from 2014 but I haven't been in contact with the DCA and other than the default on my CRA there's been no correspondence since.

 

I recently sent a SAR to cap 1 just to test the waters and see what came up, so my questions are is the default notice ok and also - on my transaction I "only" missed 2 payments before it was issued, does that make a different at all or is the rule surrounding timings only for issuing the default notice?

Cap1 Default.pdf

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Default Notice if fine...the creditor can issue a default notice after 1 missed payment if they so wished.....also there is no such thing as a " Enforceable Default Notice " there is a valid default notice and a enforceable credit agreement.

 

Andy

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Thanks for your swift response, I gather I have just fell lucky with the lack of pursuit then?

 

I can see my S78 from when it was first applied in 2014, but I've had no contact/chasing from the DCA since then.

 

But ideally I would like the default removing, so onto grovelling F&F it is then by the looks of it.

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A F&F wont remove a default..it must remain for 6 years...it will be marked as satisfied.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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and kill your credit.

 

the dca will sit on this until it gets near SB to maximise interest they can claim.

 

whos the DCA?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The DCA is Cabot? With re. to interest, what are you referring to? I've had no correspondence and the debt remains the same value as it did in 2014.

 

If it goes to court they will claim section 69 interest (8%) on top of the value of the debt

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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court int section 69..

IF they go there.

 

what you have from the sar is immaterial to any claim.[you keep it to yourself

 

you could send cabot a cca request are they chasing?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No that is the thing, I haven't had any correspondence since I sent a CCA to Cap 1 and Cabot in 2014.

 

At this point I was hoping to send F&F and negotiate default removal (hoping)

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not a chance cabot will don't do that.

the default will drop off in a couple of months too.

 

have you moved since 2014?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Have you written to them since your move?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

so officially they don't know where you live as you've not told them so in writing?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

good well don't waste your money then.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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