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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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HSBC OD debt sold to Cabot


Archangel9
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Well, just got another letter, my other HSBC debt has been sold on to Cabot according to this letter.

they have also provided a letter from HSBC which does not look faked and has been signed :rolleyes:

 

Do I need to go through the CCA/SAR request stuff again?

 

Ta.

Archangel9

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Hi Archangel9, I would CCA them. Not much point in a SAR, as they've only had your details for a couple of days.

 

Remember, don't sign the CCA.

 

I've asked someone to move this to the Cabot forum

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Same procedure... make them prove they have bought an enforcable debt.

 

Cabot have been known to produce their own "creative" stationery though. ;)

 

 

Great! Another that likes to lie about stuff :-?

 

Well, HSBC never informed me of this, except for this new letter x2 in the same envelope.

 

Ah well...here goes...

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  • 3 weeks later...

Well, I got a reply from Cabot sending back the £1 postal order :o and stating that they don't have to oblige by sending me the info requested, but have contacted HSBC to get it and will contact me within 12 days if they don't get it.

 

I'll post the letter as soon as I can get the thing scanned :evil:

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If Cabot have written to you about a debt and you CCA them they are legally obliged to provide you with documentation to prove the debt exists and that they have the right to collect. Theyare also legally obliged to provide a statement of account.

 

You wrote to them properly enclosing the statutory fee. Its up to Cabot what they do with the quidbut as far as the law is concerned the clock is ticking and soon the silly tw**s will default.

 

Remember no paperwork = no debt.

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  • 1 month later...

Well for chrimbo they sent me another letter stating that they can't "obtain the relevant information" :D. They also state that they have "re-assigned" the account back to HSBC and that all further queries should be sent to HSBC.

 

So what does this mean? :confused:

 

Thanks.

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NICE ONE!!!! I'd say that this must be a victory for you against Cabot, then. I'd say that they are admitting they are bollixed, so are lumbering HSBC with it. I'd imagine HSBC will be in touch again at some point. EIther that, or they'll try to sell the debt on again. I might be tempted to pre-empt that and get in touch with HSBC first and ask them to explain themselves. Why did they sell an uneforcable and unsubstantiated debt to Cabot, for example. Get the thing into dispute with HSBC right from the start, so you can go straight for the jugular if they try any funny stuff.

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NICE ONE!!!! I'd say that this must be a victory for you against Cabot, then. I'd say that they are admitting they are bollixed, so are lumbering HSBC with it.

 

Good eh? :D

 

I'd imagine HSBC will be in touch again at some point. EIther that, or they'll try to sell the debt on again. I might be tempted to pre-empt that and get in touch with HSBC first and ask them to explain themselves. Why did they sell an uneforcable and unsubstantiated debt to Cabot, for example. Get the thing into dispute with HSBC right from the start, so you can go straight for the jugular if they try any funny stuff.

 

Yeah unfortunately! Obviously, I'd rather they didn't bother but anyways...I'm crap at writing letters, there wouldn't be a nice standard letter I could use that would definitely sound a lot more professional than any rant I might end up typing as I get wound up :rolleyes:

 

 

Thanks,

A.

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  • 2 weeks later...
  • 11 months later...

Got a letter from Cabot on Christmas Eve:

 

Your account

Further to previous communications regarding the account detailed opposite.

HSBC has advised us that they won't be repurchasing your account. It's to remain with us. Please note that current accounts aren't regulated under the Conssumer Credit Act. We trust this clarifies the matter and you will be contacting us to arrange repayment.

 

WTF?

 

A.

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Its taken 12 months to decide this??? I would write back to them stating that they have not provided any of the documentation you have requested and therefore the debt is still in dispute and unrecoverable.

 

If nothing else this should buy you some time to do some further research into the lawfulness of the debt they are trying to recover from you.

 

pete

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  • 2 weeks later...

Well, it seems the previous letter from them about this account was dated January 2008, so almost a year.

 

I also didn't S.A.R. HSBC regarding this account nor have I sent them a letter asking why they sold an unenforceable debt to Cabot. Should I do this still?

 

Also, they mention that the CCA doesn't apply to current accounts; this account was entirely overdraft so surely that does, right?

 

Will, try to find something I can meld into a letter for HSBC over the next few days.

 

Thanks,

A.

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Hi Archangel 9,

 

I'd be inclined to write to Cabot again , acknowledge their letter and ask them to produce tangible proof that the debt exists i.e. paperwork ... :rolleyes:. Don't forget to send it 'Recorded Delivery' - so someone has to sign for it ......

 

If they couldn't produce it before , how can they produce it now? You could also say that, until this is forthcoming this account is 'in dispute' and repayment cannot be arranged or pursued until the dispute is settled .

 

Basically, if Cabot haven't got proof the debt exists they can't collect on it . About the only thing they are right about is that the CCA does not apply to Current Accounts.

Edited by johnnymitch
Afterthought ........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Archangel 9,

 

I'd be inclined to write to Cabot again , acknowledge their letter and ask them to produce tangible proof that the debt exists i.e. paperwork ... :rolleyes:. Don't forget to send it 'Recorded Delivery' - so someone has to sign for it ......

 

As always :D

 

If they couldn't produce it before , how can they produce it now? You could also say that, until this is forthcoming this account is 'in dispute' and repayment cannot be arranged or pursued until the dispute is settled .

 

Sounds good enough to me :)

 

Basically, if Cabot haven't got proof the debt exists they can't collect on it . About the only thing they are right about is that the CCA does not apply to Current Accounts.

 

But, does it apply to overdraft facilities?

 

Thanks,

A.

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But, does it apply to overdraft facilities?

 

Thanks,

A.

Try this link Archangel , see if it clarifies it for you ....:)

 

http://www.consumeractiongroup.co.uk/forum/general/94575-cca-overdrafts-final-word-2.html?highlight=overdrafts#post889434

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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As a follow-up to the above A9.... I would leave HSBC out of the loop for the moment..... see what Cabot comes back with first?

 

A letter to HSBC might just spark a hunt for a document you're hoping they haven't got ......:rolleyes:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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As a follow-up to the above A9.... I would leave HSBC out of the loop for the moment..... see what Cabot comes back with first?

 

A letter to HSBC might just spark a hunt for a document you're hoping they haven't got ......:rolleyes:

 

I can only assume that Cabot should have a Notice of Assignment from HSBC? If they don't have this, that's it for them, right? I never received any NoA from HSBC via registered post, which is required from them, AFAIK.

 

Thanks,

A.

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  • dx100uk changed the title to HSBC debt passed to Cabot
  • dx100uk changed the title to HSBC OD debt sold to Cabot
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