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  1. Thanks dx I haven't paid anything to either of these since 01/12/2010, so all ok on that front. I will do as you say and wait until such time as they can produce an enforceable agreement. The default for both has been and gone, so they cannot do any more harm to my credit file, unless they manage to find an EA, which I am guessing is highly unlikely, as if it existed they would have already taken me to court. I'll post back when I hear anything else from them.
  2. I have received further correspondence from Cabot. In relation to the Vanquis debt - I received a letter saying they acknowledged my CCA request and the 12 day time limit, but they are unlikely to have in this time but expect to have something within 40 days. What should I do if they haven't supplied the information by the 31st July (12+2), is there another letter I need to issue to them and does them stating it will take 40 days have any bearing? Back onto the Next debt now and I received their letter about the CCA, that was dated the 15th July, however a few days later I received another letter from them, dated 13th July, which stated: "Your Fidelity Credit Management (Scotcall) account has been returned to us Your account was passed to Fidelity Credit Management (Scotcall) to recover the balance owed. It has now been returned to us and any future payments should be made directly to us." It the goes on about getting in touch to arrange a payment plan etc. I just don't get this letter, I never had any confirmation it had been passed to Scotcall in the first place and all the recent correspondence had been from Cabot, so not sure what this is all about. The other interesting thing is that the reference number quoted has changed on this letter, and when looking back through my bank transactions I can see it corresponds to some transactions with the last one being 1st December 2010, same time I stopped paying the Vanquis one. The letter template has also changed from being Cabot Financial (Marlin) to Cabot Financial (Europe), again not sure if this means anything? Does this have any material impact on my CCA request? Any thoughts guidance appreciated.
  3. Quick update regarding the Next debt, I have received a reply to my CCA request stating: 'We confirm that we have requested a Statement of Account and Copy of the Agreement from the Original Creditor and we will forward this to you upon receipt' My account is on hold while they do this. So looks like the letter about seeking a decree was just a threat-o-gram, as to actually carry it out, wouldn't they need to have proof the debt was enforceable etc? Nothing yet re the CCA request for the Vanquis one, will post back when I get their reply to this one, although I'm assuming it will be
  4. Thanks for sorting the pdf's, appreciate you doing that and I will heed your advice for any future docs I upload. Yes Next is for just under £1200 and as you say costs wouldn't exactly be cheap to take me to court over it, especially given I'm on benefits and don't have eff all to give them anyway. I will send a SAR to Vanquis to get all the data they hold on me and will post back when I get it through for that one. Now that I have sent CCA, does that buy me a bit more time before they can formally instruct sheriff proceedings on the Next one? They are so underhand the letter is dated 4th July and they gave 7 days but looking at the print on the vertical right hand side, clearly shows the letter wasn't even printed and therefore sent until 07th July and it didn't arrive with me until today, so they are not even really giving anyone the stated timeframe. Thanks again Regards Bingo
  5. Thanks again Renegade, CCA's are away so I will wait to see what they say and post back what they send. dx, I think this should be the letters uploaded for you as requested, I wasn't overly bothered about the Vanquis one as fairly tame, it was the Next one where they say they are going to next stage which worried me, as I am just about to come out the other side of all this and then these beggars come along and threaten to put me back to square one. Any further guidance fully welcomed. Regards Bingo
  6. Hi Renegade, I have just realised my bank lets me download 7 years worth of transactions, so I have just gone all the way back through to try and work out. From what I can see I was making DD payments to the Vanquis debt with them (based on reference numbers I have)and the last payment I made to them being on 01/12/10 - I have not spoken with or paid them anything since then as far as I am aware. Am I therefore screwed with this one given I have just sent them a CCA request? I will be gutted it so as I guess I could have chanced my arm for another couple of months and it would have been wiped? In regards to the Next debt they are chasing me for - I cannot see any reference to this one at all, certainly not with Cabot - I was paying another account by DD with Cabot but it is a different reference number, so I assume for a different debt, unless they have reassigned the number. There were other DCA's I was paying though and so I am not sure if the Next debt could have maybe been with one and then they sent it back to Next who have then reassigned it back out. I have sent the CCA off now for this one as well, so will they likely send me any statements etc so I can work it out for the Next one? or will I need to submit a SAR to both Cabot and maybe Next to try and work that out? Thanks in advance Regards Bingo Hi dx, Thanks for clarifying on the 5/6 years rule, so at least I now know it is 6 as I took the debt out in England. I will scan the letters now and remove my personal info and upload them so you can review, how do I upload them to the site once they are ready? Regards Bingo
  7. Just a quick update, I found a more up to date link for a CCA letter template from another post of yours on a different topic. Have sent both CCA's, 1st class recorded, just now with £1 PO, left it all blank, apart from writing on back that it was only for the statutory fee. Will update when I hear back from them Thanks Bingo
  8. Hi fko, Firstly thanks for the quick response, and I do hope so. I am not sure if or when any payments were made to these accounts, it is all a bit of a blur and I can't remember who or what I paid when this all happened, how can I find this out as it is no longer showing on my credit file - do I need to submit a SAR to get the detailed info on any payments made to the accounts or will the CCA likely get me that info? Also I live in Scotland now, however the original debts were incurred in England - is it where you live that applies regarding the time elapsed at the time they come calling for the debt? On the CCA, are the templates in the template section still valid as looks like they are from 2006? Just want to make sure I use the correct one, which I think is letter N in that section of the site? Thanks again Bingo
  9. Hi all, Really looking for some help with some recent and out of the blue letters from Cabot Financial. In the last week I have received letters about 2 debts, I will cover both separately. Next Retail - Retail credit - £1200 I received a letter late last week or early this week dated 27th June, telling me I owed them money and to call them etc. I then received another letter today dated 4th July - basically saying they had decided they were going to take court action against me and seek a sheriffs court decree for the debt. Help what should/can I do. I haven't had any correspondence about these debts for years - I know they do not appear on my credit file with any of the agencies, I have checked all online recently, I cannot remember making any payments to them. Vanquis - £750 I also received a letter dated 1st July saying I owed them money from a Vanquis credit card, again similar to the above I have not had any correspondence from the for years and don't recall making any payments to them. However I am now worried I will have another letter in it's way shortly similar to the decree one above. I am currently unemployed after being made redundant and am only on job seekers and housing benefit, my wife works but is not on a significant income. These debts can from a 1st marriage which ended badly and I was left with all the debt, including a joint bank account overdraft, we also have a young child and really cannot afford to pay out anything more than we are already doing. Over the years I have managed to get my credit sorted out and have been rebuilding and a lot of my defaults will be dropping off my file in the next 12 months or so, I am now worried that if they take action I will be screwed again for another 6 years and it will seriously impede me getting another job as my background is in the financial services sector and these all carry out credit checks etc. Please can someone guide me on the correct steps to take and the quickest way to stop them taking any court action against me? Regards Bingo
  10. So sent the email to Mr Hester last night and this is the response my fiancee received today: ------------------------------------------------ Dear Miss xxx Thank you for your email which has been received by Stephen Hester's office. I am sorry to hear of the problems you have encountered recently. In view of your comments, we have asked for a full briefing from those involved. Once this is received, your complaint will be allocated to a case manager who will be in touch within the next two weeks. We will aim to get a response out to you as soon as we can but we also want to make sure that a thorough investigation takes place. If, for any reason, there looks like being a delay, we will, of course, write to you again to explain why. If you do have any queries in the meantime, please feel free to contact us. Yours sincerely Group Executive Office ----------------------------------------------------------- What are your guys thoughts on the wording and time scale? Is this just the standard response to complaints sent to Mr Hester? None the less I will post back when I get the next response. Thanks Bing
  11. Hi rebel, Current update, I originally sent the letter into their complaints department, which was answered but not satisfactorily (I thought I would give them a chance). Basically they told me they had noted my complaint but a collections company (Transcom) was dealing with it and they had passed the details on and they would be in touch shortly and I should contact them from now on. Clearly they have just ignored the fact that all this has happened because they did not close the account as instructed. Have now taken your guidance and written a formal complaint to Mr Hester and emailed it off this evening, telling him not only about the original complaint but also how his company have failed to deal appropriately with it. Let's see what we get back and I will update you, I feel I may need some further support with this one. Thanks Bing
  12. Hi, Hoping someone might be able to give a little guidance for me and even maybe a letter template. I recently got my fiancee to check her credit file and get her score from Experian usign the 30 day free service, so that we could see how we were both looking. When my fiancee's report came back there was a default logged against her for RBS. Looking into the information it appears that she went £25 over her overdraft limit and since then the charges have piled up and amassed to a staggering £723 in 24 months. They logged the deafult status against her last year in August, even though the debt had been creeping up gradually since before then. I asked my fiancee about this and she swears that she went into her local branch and asked them to close the account, as she had moved her banking to BOS at that time, clearly they didn't do this and because of it they also allowed a DD to go out which triggered the charges. She tried to ring them but the guy on the phone was so rude and unhelpful, he effectively told her he couldnt do anything as they had passed it onto a debt collection company and she had to deal with them. I asked if she's had any correspondence but she also moved house soon after and never redirected any mail etc so never new about it. We havent even had anything from a debt collectors as it looks like the debt is now registered against her last address which she moved out of a month after the default date. I guess the debt collection agency will catch up eventually but I am really looking for some guidnace on the best approach to take with them as I can't believe they have let what appears to be a £25 cost accumulate into such a massive debt and are now effectiovely washing their hands of it. This is having a massive impact on her credit rating, she has no debts whatsoever apart from a small OD with her BOS account that is managed perfectly every month. I am sure that if teh RBS default wasnt there it would be much healthier. Any help would be greatly appreciated. Kind Regards Bingo
  13. Thanks Raydetinu, whys does the vehicle have to be taxed? It has just passed the MOT and I have just put 6 months tax on it so I was hoping I could claim the remaining back, can I not remove the tax disc when I deliver it to them or they collect it? The car is in very good condition, just needs to be valeted and a small scratch on front bumper but I am hoping I can get that out with some T-Cut. Thanks again for your reply.
  14. Hi all, Hoping you can help and advise as I go with this one. I am about to start VT process with BCT. I took a car out with them in June/July 2009 over 48 months. I didn't take any insurances or extras so it is just the basic HP costs for the car. I am now at the official half way stage under the 50% rule. I am proposing to send the following letter, can anyone advise if this is good enough to cover everything and am I actually factually correct in being able to cancel my DD from the date they sign for the letter? I wanted to make sure I covered all bases up front with them so I don't experience some of the issues that others have done previously. Your feedback would be greatly appreciated, as well as any tips on what to look out for on returning the vehicle etc. Many Thanks ----------------------------------------------------------------------------------------- Dear Sir/Madam Re: XXXXXXXXXXXXX I am writing to notify you that I am exercising my right to terminate the above Agreement under Section 99 of the Consumer Credit Act 1974. I understand that I shall be liable to you for the amount calculated under the formula in Section 100 of the Consumer Credit Act 1974. As 50% of payments due under this agreement have been made on time and with no arrears, I will be cancelling my direct debit with effect from the date you receive this letter and making no further payments under the agreement, regardless of how long it takes for you to correspond with me about the return of the vehicle. Also please accept this letter a notification of a change to my residential address from xxxxxxxx to xxxxxxxxx. Please send me written details to accept receipt of this letter and how the vehicle can be returned to you. Please also confirm receipt of this request by telephone to me on xxxxxxx or via email at xxxxxx. The letter has been sent recorded delivery and I will therefore deem the date the letter was signed for as the official date the voluntary termination will come into effect. Yours faithfully xxxxxxxx
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