jonlawton
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Hi all Thank you for responding. I will be able to find the last payment when I get home but it was definitely in the last 6 years, probably about 3 years ago. The original DCA was with Direct Legal and they have now passed on to Moorcroft or Moorhouse. I will get as much info together and re-post so thank you all so far for the advice. The letter they sent was actually quite polite considering so you are right I smell a rat with them being so nice! Thanks again J
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Hi, I am looking for some advice. I have a CCJ issued in 2008 for an old credit card for around £7000. I was paying £50 a month as that was agreed and what the judgement was issued for. After 3 years I suddenly started to have payments returned to my bank account from the DCA so I just stopped paying it. Last week they sent me a letter saying they want to work with me to pay the debt off and noted that there was still a CCJ to enforce if i didn't pay. They want me to fill in I & E forms but my question is can I just offer them the £50 again and refuse the I & E as that was what the original CCJ was for? I don't mind paying it but I will not and cannot pay more than £50 a month. Can they refuse to accept that payment and take further action? Thank you. J
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Default Howard Cohen, Robinson Way and H2H AGAIN! Hi all I have been scanning this forum and see that plenty of people have had the standard pending legal action letter from HC. I have just received one chasing a Santander overdraft for £1700. Not paid anything since 2009 but defaulted in Jan 2010 so not sb yet. They are obviously chasing because they have less than 12 months before it is sb. I saw a really helpful post by another member on another forum which he had really good advice from the guys on there. I was just about to post the template on there to HC and a CCA to H2H then realised this is an overdraft not a credit account/card. How do I go about telling HC that in order for me to make a judgement on whether this debt is indeed mine I need more information (hopefully stuff they cannot provide). The letter was dated 6th April and I only received it yesterday so the 10 days is up tomorrow so need to act quickly. Do any of you have any advice or should I just ring and offer them £70 a month for 2 years? Any swift help and advice would be greatly appreciated. Thanks - J
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I'll check out the charges on the statements but I didn't have PPI taken out on it. Thanks Jon
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No I haven't got any of the original documents as it was nearly 7 years ago and I was terrible for keeping stuff like that. I have since learnt! Let's see what Cabot come up with if anything. Thanks for all your advice, much appreciated. If I hear anything in the meantime I will repost. J
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Sorry to keep reporting the same message. Not sure how I'm doing that. I think you are right, I may as well wait to see if Cabot come up with any documents. The last payment was made by the CCCA in August 2009 2 years after the default which I am gutted about or else it would have been stature barred. Not sure if Cabot would even have a record of the payment so that might be worth pursuing. Nonetheless if they do come up with arguable grounds then I will enter a negotiation with them for a payment plan. J
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It was taken out September 2005. It does not indicate my credit limit and says that will be determined but doesn't describe how. It appears to cover repayments, apr and actual interest and I have signed it. The only thing I think is dubious is the lack of credit limit but reading on the forums this appears to be acceptable under the CCA. Also the rest of the t & c's are not on the same document that I signed. You are right, as yet Cabot haven't come up with the copy yet but I am guessing if HBOS have readily got it for me it's only a matter of time before Cabot receive their copy from HBOS. Thanks
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It was taken out September 2005. It does not indicate my credit limit and says that will be determined but doesn't describe how. It appears to cover repayments, apr and actual interest and I have signed it. The only thing I think is dubious is the lack of credit limit but reading on the forums this appears to be acceptable under the CCA. Also the rest of the t & c's are not on the same document that I signed. You are right, as yet Cabot haven't come up with the copy yet but I am guessing if HBOS have readily got it for me it's only a matter of time before Cabot receive their copy from HBOS. Thanks
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The Halifax sent about a ream of paper most of it reconstituted statements. They did enclose a copy of the t & c's at the time the account was opened but this is nothing more than a printed copy and isn't photocopied like the CCA. The CCA has been reconstituted within the t & c document but does not contain any signatures. I could scan this in if it would help but it's quite a number if pages. The only signature is mine in the photocopied CCA. Thanks Jon
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The Halifax sent about a ream of paper most of it reconstituted statements. They did enclose a copy of the t & c's at the time the account was opened but this is nothing more than a printed copy and isn't photocopied like the CCA. The CCA has been reconstituted within the t & c document but does not contain any signatures. I could scan this in if it would help but it's quite a number if pages. The only signature is mine in the photocopied CCA. Thanks Jon
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have attached them Thanks
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Hi, This was a Halifax credit card started in September 2005 and defaulted in 2007. I received the usual debt collection letters and subsequently started a CCCA debt management plan which I only made 1 payment through them to all my creditors in 2008. I believe a nominal amount of about £11 would have gone to this account to whoever was the DCA at the time (Fire I think). Has various letters over the years but ignored them until a letter first from Marlin saying they were acting on behalf of Cabot, then after about a week a letter from Restons solicitors came saying they were acting on behalf of Cabot and about to issue proceedings. It was at this point, I thought I would just see if they could produce a CCA. I sent them a £1 PO and simultaneously sent an SAR off to Halifax. Cabot came back within a matter of days saying they did not hold such information and would endeavour to get it within 40 days. I received my SAR information earlier this week on the 15th with the CCA copy that is in the attachment. Today I received the letter from Cabot attached. I guess it's only a matter of time before they send me the same thing as the Halifax have done and at that point, if the CCA is enforceable, I would be best to negotiate with them rather than them go for a CCJ. What do think? Hope this is enough information for you. Thanks
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Hi Nearly 2 months ago, I had a letter from Restons threatening court action over a 6 year old debt. The reference has since been removed from my file but 5 years ago, I know the CCCA paid a small amount so I don't think I can get away with statute barred (even though I haven't yet challenged this). I asked Cabot for a copy of the CCA which they were unable to provide....yet! At the same time I sent a SAR to halifax and last week received a copy of the original CCA which I am not sure contains all the prescribed terms so wondered if someone could check it out. today I received a letter from Cabot saying they are still unable to send a copy and the debt is now in dispute and they will continue to request the information. My questions are: a) Is my CCA enforceable? b) How come Cabot can not obtain a true copy but I have done from Halifax? Any help would be appreciated. Thanks Jon
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Hi all Well, I have just received this today from Cabot after asking for CCA I guess does this mean I sit and wait what they come up with? I have also SARd the info myself direct from Halifax so will be interesting if they come up with the same agreement. I am really hoping the agreement doesn't have the prescribed terms (credit card agreement taken out in 2004). What should I do if Reston's escalate or successfully get court order in the meantime? Do I challenge it? Thanks
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I have never made a payment to Cabot (when it was FIRE or at anytime) but that's what I am assuming the CCCS did on my behalf back in 2009 albeit for £13. Just posted SAR and CCA letters off recorded 1st class so we shall see. I will hit Restons with the SB letter tomorrow. J
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