Hi,

I have today received a letter from Cabot chasing a debt from an old Aqua card I defaulted on back in 2016.

It's the first letter, there's no other information in there, no notice of assignment, nothing.

Is there an initial response letter I can send to them.

Cheers.

Yes its called a section 78 CCA request:-D

CCA request

Thanks. Will post tomorrow.

Hi 

Apologies for the delay, I had misplaced the paperwork for this case.

Cabot sent a letter dated the 10 April:

Dear ****

Your request for information under the Consumer Credit Act

We have been unable to get the information requested from the original lender. If this information ever becomes available to us we will complete your request, but until we are able to supply this your account is unenforceable.

What does this mean?

This means we are not permitted to obtain a judgement or decree against you in court, but we can still request that you repay your outstanding balance. We will still try to contact you to help you repay this outstanding balance.

If this account in on your credit file it can affect your ability to get credit, obtain a mortgage or a mobile phone contract. Repaying this account could have a positive affect on your credit file as it will show that you are making regular payments.

We would like to talk to you about a Personal Payment Plan where you can arrange to repay your account at a rate that you can afford.

For more information on what could happen now that we've been unable to reply to your CCA request there is further information available on the National Debtline website on their 'Credit agreements - getting information' factsheet.

_____

I'm guessing now they can't do anything until they either find the CCA or after 1 year I apply for the order to be lifted/stayed/removed??

Cheers.

" or after 1 year I apply for the order to be lifted/stayed/removed?? "

What Order ?

Is that not what it's called? 

The case has been stayed so I would have assumed there's some order to that affect if not then my terminology is wrong.

So am I asking for the case to be closed after 1 year? If not, then what?

Ah okay didn't know there was a court claim...no mention of it here on the thread.

If its stayed they make application to lift the stay and proceed...no time frames..

Gotcha.

You really need to add the background here because if they do make application no one will be able to advise as there is no details re the debt or court claim.

Ok thanks. I'll update with the details. I'll need to dig them out now though. 

title updated

topic moved to Legals