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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Cabot and historic HBOS Card and OD debts paid via a DMP for 5yrs


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Good evening all,

 

I've done a bit of research trying to close accounts which led me to requesting CCA's to Cabot. I sent two for two different accounts which they took off Halifax (1 x CC & 1 x Current Acc Overdraft). I posted the following to them:

 

Dear Sir/Madam

 

Account No:

 

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

 

2. A full statement of account.

 

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

4. A copy of any other documents referred to in the agreement.

I understand that under the Consumer Credit Act 1974 (sections 77-79)

 

, I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.

 

A speedy response would be appreciated to resolve the matter amicably.

 

I look forward to hearing from you soon.

 

Yours faithfully

 

THE LETTERS WERE RECEIVED ON 17TH/18TH JULY AND TODAY I RECEIVED THE FOLLOWING LETTERS:

 

Thank you for your CCA request etc etc...

We currently do not have this information on file.

 

However I have requested the relevant details, which include a copy of the credit agreement, statement of account and relevant terms and conditions from the original lender.

 

You have requested a copy of the Deed of Assignment.

 

Please be advised that the DOA is a confidential document between Cabot and the original lender.

It does not contain any personal details relating to you or your account and is not available for disclosure.

 

We sent you a Notice of Assignment for your account to your address, which is sufficient to confirm our ownership of this account.

Only the courts can request this... Blah blah blah.

 

A couple of things here... I asked for a true copy, they are referring to simply a copy. If they do obtain a copy, is this enforceable?

 

Also is it acceptable what they are saying about disclosing the DOA to me?

 

I don't ever recall being sent a Notice of Assignment, if I did, is this sufficient to confirm ownership and enforceable?

 

I have been currently paying towards what they are claiming, on a monthly basis via DMP. The next payment is due in a couple of days.

 

Should I continue paying or is it advisable to stop until they wholly action my request?

 

Thanks in advance and any help/advice/feedback is much appreciated! I'm looking to get a mortgage by the end of the year so I can get my son into the school I/he wants.

 

Many thanks.

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didn't get that CCa request from here did you..

looks like FMoTl twaddle too.

 

was this for the card or the OD [which CCA doesn't apply as theres no agreement to sign]

 

if on the card they've failed the 12+2 working days time limit stop paying

 

for the OD i'd stop paying anyway

 

what other debts are you blindly paying thru this DMP , which I hope is a free one not by a fee paying bunch of fleecers.

 

if you've got defaults on your credit file

then a mortgage is out the windows till they vanish on their 6th birthday along with the whole account never to return..but that doesn't mean the debt is wiped.

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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Thanks for your response. No I got the template from this website... [removed - please read our rules}

 

I got the same letter for both CC and OD,

although one letter (OD) says thank you for continued payments

whereas the other one (CC) says I don't currently have a plan with them, which I do through DMP!

 

 

The DMP is through Payplan. The 12+2 days is up on the 6th August.

I got the letter signed for which was received on Weds 18th.

 

I'm paying for others too, one of which I have sent another CCA request to Link Financial (bought from Co-op).

 

I do have defaults but I'm led to believe there are mortgage lenders who accept people on DMP, or IVA etc.

 

Cheers

 

To add to this - I have also had a settlement offer from them on the OD (45% of the balance) in June 2017 and another one (60% of the balance) July 2018 for the same OD.

Edited by mpolly99
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if you are getting discount letters then pers id stop paying that debt

 

cca is 12 working days then

 

not sure where you got the bit about dmp/iva from

another load of ole twaddle.

 

99% of highstreet lenders will not touch you with defaults.

back street brokers might but you'll get ripped off om the rate.

 

list your debts and who get paid through pp

how long have you blindly been paying all the dcas via payplan?

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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  • 4 months later...

Evening all,

 

I sent a complaint letter to Halifax (despite the debt already been sold on to Marlin Europe/Cabot).

They said part of my complaint was outside the 6 years therefore disregarded that part however, the other part does go on to say...

 

"I will arrange to waive a portion of the debt equal to the charges you paid on the current account (overdraft debt) since Sept 2016.

Those charges total £861.

I understand the debt has been sold to Cabot Finance so we will buy back this portion of the debt to effectively write it off.

This offer is made without any admission of liability"

 

The debt is about £3,300 but interestingly, back in June 2017 they offered me a settlement figure of £1,852.

I have since requested from Cabot a CCA agreement which they have not got.

I also requested Halifax my SAR, which returned very very little info.

 

Any help on the following question would be so helpful:

 

- Should the £861 be paid directly to myself as opposed to buying back a portion of the debt.

 

- They say "to effectively write of the debt" - does this mean £861 of the £3,300 debt is written of, or does it mean they sold the debt to Cabot for less than £861 so they have bought it back for what they paid and written the whole lot off?

 

- With Cabot seemingly having no leg to stand on, if the debt is still owed (and not written of as mentioned in the last question), should I make a very small F&F settlement offer?

 

- What should my next step be?

 

Many thanks in advance

Edited by dx100uk
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ive merged your new thread with the existing one

as it make more sense

 

you cant CCA an overdraft !!

 

it would be better if you scan up the letter please to PDF

read upload.

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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you are not complaining 3 yrs after you realised

you only realised very recently that you could make an IRL complaint.

 

so complain that it is unfair as you didn't realise

and they cant invoke the 6yrs rule on the OD nor the credit card.

 

dx

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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yep

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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Would you have a document that says that they can't invoke the 6 year rule on an OD or CC?

 

I'm replying to the letter shortly, in your opinion, should I respond with the approach that I didn't know I could make a complaint or that the 6yr rule can't be invoked?

 

Many thanks again for your help.

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the 3yrs rule, that invokes the 6yrs clearly states 'when you become aware'

 

look at the FOS website PPI case examples

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

  • 5 months later...

Evening all,

 

I've been sifting through my Experian credit report and on there I've noticed that a Halifax account owing £2500 was defaulted in Jan 2014 and marked as settled in Feb 2017 (nothing was paid or agreed to close the account).

 

I have also noticed another account which is open with Cabot with a default date of Jan 2014 with the balance of £2500 (this is the same account as the Halifax one above).  Does this mean that Halifax closed the account and is no longer enforceable?

 

I does it simply mean they sold the debt on and is still enforceable?

 

I have had contact from Cabot but they failed to provide a CCA so i'm not paying a bean anyway,but just curious as to what status the account is at.

 

Many thanks

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Hi,

 

It means that Cabot have purchased the Account from Halifax, Halifax is correctly showing zero balance.

Cabot is correctly showing the amount and the same date as the original Halifax account of January 2014.

 

As you have CCA'd Cabot, this means it is either a Credit Card or Loan, have you reclaimed all charges and checked for PPI as the deadline is coming close so you have to act fast.

SAR to the original creditor (Halifax), SAR template in the Library section.

 

You should have been made aware by letter that Cabot had purchased the debt from Halifax.

 

Since your last contact with Cabot, have you moved addresses, if so update Cabot so this stops any backdoor CCJ's.

 

No CCA, No pay, When did you take the original debt out as a 2014 date Cabot can reconstitute an agreement.

 

Take Care

 

Stigman

 

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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old and new threads merged for the third time.

 

dx

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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  • dx100uk changed the title to Cabot and historic HBOS Card and OD debts paid via a DMP for 5yrs
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