Hi there

I am guessing this is a common problem.

Around 2 years ago, I received a threat from Cabrot regarding an £8k credit card from Halifax taken out in 2000 (I think - may have been 2001).

I followed instructions and sent them a letter requesting a copy of the CCA and got the usual BS saying they couldn't find the file but I am still liable for the debt, the last I heard from them was August 2016.

Anyhow, out of the blue. Yesterday, I received a letter from our beloved friends stating they had found said documents and they believe these were enforceable to obtain a CCJ.

There is no signature on the forms and the page numbers do not correspond properly with corresponding numbers either missing or duplicated (I have copies attached with details blanked out - I can only upload 5 but have another 5 or 6).

Additionally, there is no credit limit either, just a note to say that it will be determined and could vary. They do however, have my name & address on the top of the form.

Based on this would it be enforceable and accordingly, how should I reply?

I had hoped this had been put to bed but sadly not and I'm hoping I am not screwed.

Thanks in anticipation.

KR

Oh and yes there was PPI on there too which for obvious reasons I have not pursued.

Pop your scans up as ONE multipage PDF please!!

dx

is this the same debt?

https://www.consumeractiongroup.co.uk/forum/showthread.php?461371-Cabot-Letter-Before-Action-old-LLoyds-Credit-Card.

No, but it is a similar scenario. Please find attached PDF.

The situation is that the card was taken out in 2000.

I got into major financial difficulty in 2005 and entered into a DMP.

I ceased payments end of 2013/ early 2014 as I didn't realize I was on a DMP but thought I was on an IVA.

I sent a CCA request in 2016 (May I think).

I got the usual BS, but didn't hear back from them until August 2016 saying they can't find it and I was still liable.

The next I heard was this letter yesterday.

My situation is that I reside in the USA, however, it is always a possibility that I will return.

I do get to work out of the London offices for around 2-3 months of the year and I don't want to get bogged down by this & having a CCJ against me is not ideal (obviously).

I am here in the UK at the moment as my grandmother passed away and their timing is impeccable.

The letter dated was Apr 12th arrived day before last at a family members address.

- Do they have a case given that the agreement is not signed or dated?

- Does it matter that it is not an exact copy?

- Does it matter that the pages are not synced correctly?

- Does it matter that PPI was applied w/out my knowledge?

- Should I request a NoA and copy of DN?

I'd almost prefer to pre-empt this and kick it into the long grass if possible as I've got under 2 years to go before it's SB.

I beat them in that other thread

case brought against me in 2015 for for £1500 and they wrote to say they couldn't find the required documents, so were not pursuing this any further.

If anyone can advise that would be great - thanks

Name and address is showing correctly at the top of this sheet.pdf

pers id let this run

2 sets of T&C's

that they cold have gotten from their filing cabinet or here and typed your details on

no signed agreement which for 2000 take out they will need if they progress this to court

I know people are busy, just an idea would it be wise to send off a SARS request?

post 6

I know people are busy, just an idea would it be wise to send off a SARS request?

Only if you intend reclaiming PPI..it wont help with the agreement.....only a section 78 can be used...which you have done and they have complied with a reconstituted version of the agreement...they dont have the original.

So shall I ignore or write back saying this is not the original? (Obviously worded better than that). The reason I ask is because I mostly live overseas, I don't want this rearing it's head with court action and then it's more difficult for me to deal with.

They do have my address in the USA but they refuse to write to me there.

they cant they know you are resident abroad.

they cant go to court knowing that.

Thanks for your help.

So that'll explain why they keep writing to my recently deceased grandmothers house.

The plan is now for that house to be sold so that option will be taken away within six months subject to legal proceedings etc.

Would you advise I write highlighting again that I am overseas with no address in the UK and the only address I have is in the USA?

I did wonder about calling from my USA cell which would undoubtedly show up on their caller ID.

I'd normally be adverse to this but it may make them realize this.

I even copied my drivers license etc. in with key info like DOB and ID # deleted to prove my living overseas.

you have informed them legally you reside abroad

you have written to them and told them that is NOT your address but was used as a C/O address for a time period

that is now ending.