Arrow/copes claimform - old HBOS Loan

[sequenci]

Keep us posted

[merlin100]

Here we go again.

 

Cabot sent me a missive in June entitled "External Agency Recovery Notification"

telling me that because we havent come to some "mutual" agreement, they are "passing" my(?) account out to Quantum Debt Recovery who,

should I not comply, will then farm it out to Wright Hassall LLP,

who in turn may attempt to inform a judge that Im being very naughty in not believing that their request for over £3.5k is indeed genuine

and that they have NEVER added any DCA charges to this account over the last seven years.

 

Quantums letter is the one that starts "You will be aware that our client may have a Charging Order in place against your property in relation to this debt"

Will? May? Makes your minds up chaps!

 

even though I know this debt is SBd after all this time,

the nice people at Quantum have almost confirmed it this morning.

After stating how "disappointed" they are to note that the balance still remains outstanding,

they then follow on with "We may be able to help you clear this debt by offering you the exceptional opportunity to settle your account at a discounted rate"

 

Which simply translated means, "Christ, weve bought another lemon, lets try and con a few bob out of him which then lifts it out of its SBd state and then we can merrily go to court and get the rest"!

 

Dont think so. Cheers Caggers for everything. SB letter on its way!

[cerberusalert]

Quantums letter is the one that starts "You will be aware that our client may have a Charging Order in place against your property in relation to this debt" Will? May? Makes your minds up chaps!

 

That'd be clever without a CCJ which needs to be defaulted on first. Bit previous aren't they?

[citizenB]

Very misleading statement from Quantum and I would imagine that the OFT would like to see a copy.

 

Whilst it does state "May" - the rest of the sentence is extremely ambiguous and is designed to obtain a knee jerk reaction.. eg you phone them..

 

Tsk, tsk...

[merlin100]

Well, theres no CCJ with this one boys. SB letter winging its way to them as we speak:-D

[merlin100]

Ok, here we go again with Cabot and their "External Agency Recovery Notification" letters.

 

This one goes, " This letter is to notify you that as we have not come to a mutual agreement........... Cabot are passing your account out to Wright Hassall LLP" (Right Hassle? Youre not bloody kidding!)

 

Anyway, in the same envelope is an introductory letter from Right Hassle which states that they have been instructed by Quantum Debt Recovery to commence hassling!

So where did Quantum come from?

I get two letters in one envelope, one from Cabot saying they are passing it to Right Hassle, and another from Right Hassle saying they have been instructed by Quantum!

Then theres the usual "We understand you may currently have a Charging Order in place......"

 

Then they go on to state - "Unless we hear from you in the next ten days we may (theres that "may" again) obtain a copy of your credit file which we will review in order to obtain a better understanding of your finances.

Your credit file will help us understand,

1) What assets you have

2) Your current employment status

3) Your ability to repay.

 

So what I would like to know is do these creeps have any right to search my credit file?

Secondly, can these letters (in the same envelope) possibly be construed as misleading?

 

Another strange (deliberately confusing?) paragraph in the Cabot letter says: "Wright Hassel LLP will contact you within the next five days with regard to previous legal action taken on your account."

Are they trying to tell me that they are considering no future action?

 

Any thoughts or experience anyone?

Many thanks.

[zydeco]

from this thread,

http://www.consumeractiongroup.co.uk/forum/showthread.php?354633-Have-Morgan-Solicitors-Gone-Bust-Or-Cabot&highlight=Wright+Hassall

 

A lot of the directors of Wright Hassel http://companycheck.co.uk/company/OC315843 are also directors of a new debt collection company QUANTUM DEBT RECOVERY LIMITED http://companycheck.co.uk/company/07561541

[citizenB]

So this proves that they are all part of the same team, doesnt it ?

 

Is there any small print that suggests that they are trading names of Cabot?

[BRIGADIER2JCS]

WH were Morgans which took it's name frome

one of Crabots directors who is a solicitor.

[Happyhippy1959]

oh good old Crapbot, they have written to me on a goldfish account and informed me due to the age of the account no cca,, but then in the next letter ( all addressed to my old abode ) they were informed by e-mail that I had left over six weeks ago that they were going to put it out to a external debt collection agency,,, ( hmmmmm I have told you and you have agreed unenforceable ) but let em spend there money..... my credit file is so trashed and to be honest don't ever want credit again. Merlin, is there a charging order ???? have you a CCJ for the debt ??? and good morning the Brig

[BRIGADIER2JCS]

Good morning Hippy,

 

I get a distinct impreesion crapbot are doing a fine

impression of a flock of the very rare OOOzzallum Birds

and are about to vanish up there ownn apects.

[merlin100]

So this proves that they are all part of the same team, doesnt it ?

 

Is there any small print that suggests that they are trading names of Cabot?

 

Nope, just looked citizenb. No reference to anyone else.

[merlin100]

oh good old Crapbot, they have written to me on a goldfish account and informed me due to the age of the account no cca,, but then in the next letter ( all addressed to my old abode ) they were informed by e-mail that I had left over six weeks ago that they were going to put it out to a external debt collection agency,,, ( hmmmmm I have told you and you have agreed unenforceable ) but let em spend there money..... my credit file is so trashed and to be honest don't ever want credit again. Merlin, is there a charging order ???? have you a CCJ for the debt ??? and good morning the Brig

 

Hi happyhippy, there may well be a CO but its been a while and Im not sure if one of the COs relates to this.

I do have CCJs but the amounts are both for £1000 - £1500 less than the amount claimed by Cabot.

These letters are both dated 19th July.

So how do Cabot manage to make a decision on that date saying they will be passing the account out to Wright Hassel but then manage to include another letter in the envelope (from Wright Hassel) who say they have been instructed by Quantum - not Cabot? Whos telling porkies here?

[dx100uk]

2 threads merged

 

keep to one thread per debt please.

 

they are offering a discount -safe to ignore them

 

it might be better to stop letter tennis on this debt IMHO

 

dx

[azzadle]

My gran used to work for wright hassall's :/

[Happyhippy1959]

Morning Brig,,,,

I have not heard of or seen that Bird for many a good year.

 

New house and I have dug out the old military albums and am in the process of scanning them as some of those old Black and Whites are beginning to fade.

 

MERLIN, this sounds very very iffy mind you if you read some of Crabots letters they are a law unto thereself.

They have threatened old Hippy with everything, including ripping me kidneys out for sale !!!!!!!!!!

I heard there chap on Radio 4 trying to collect a 15 year old £47 debt heeeeeeeeeeeeeeeeeee bloke was as cool as a cucumber,

he uses the old Hippies mantra of WHAT YOU GOING TO DO ABOUT IT !!!!!!!!!

 

PRE-2007 no agreements at all and they have admitted that.

. and the other is a pre 2007 agreement so badly reconstructed a one year old could have done better.

 

Mind you Hippy sad they have written to say that they will no longer speak or communicate with old hippy.

 

Now here is the clincher for me, have a £13k debt post 2007,, my biggest. was paying a £1.00,

now with those three bad boys UE I have raised that payment to £5.00,

so in fact they are getting a £1.00 more.

 

Even offered me a £7,600 discount on that loan...

..... wish I had £6k hey..

. I have voluntarily let the house get repossessed as there is ample value to clear 1st charge but nothing near for secured loan..

.. am trying to bait them to make me BR save me £750.

... so lets hope.

 

... At the moment life is so sweet,,

,, have a nice detached rented house £500 cheaper than what I was paying.

 

Son stays with Hippy half the week.

Girlee friend now happy, she did not like former matrimonial house ( can't blame her )

though work is still a pain as our trust is trying to cut our pay and conditions ( south west hospital )

and yet they are now employing a deputy manager, does not make sense.

[BRIGADIER2JCS]

Morning Hippy, could post a few of your photographs in the Bear Garden I love to see them>

[Happyhippy1959]

haaa Brig,

[merlin100]

Hi guys, got a letter from the above yesterday and just wondered if they are yet another bunch of chancers or is there anything with this lot I should watch out for?

It relates to a debt thats been through many DCAs including Copes and Maddersons "solicitors".

I have a sneaky suspicion that this may be a CCJ listed on TrustOnline as being granted in 2008 but Im sure it was awarded at least a year before that but cant find that out for sure. I know I can request a copy from the court but I wholly believe in not disturbing anyone just in case it sets further collection activity off!

 

Anyway. two things of interest here. Firstly, the amount has suddenly jumped up by £210 as opposed to the amount on the CCJ. So can anyone confirm if this is a definate no no should any further action occur (further court action)?

 

Second, the wording of the letter suggests that the original CCJ may (or has) reached 6 years old. Have I any defence once the CCJ reaches 6 years?

 

Just to give you a better idea, here is some of the letter, word for word -

 

"We are writing to notify you that it may now be possible to resolve the above outstanding matter"

 

" It may be that your financial circumstances have changed since any original litigation was entered: you may now have the funds to clear this debt.

Should this be the case then our client Arrow Global may be able to accept a settlement on the above balance, subject to a review of your circumstances and their approval.

If settlement is agreed, any previous enforcement action such as a charge on your property will be removed by our acting solicitors. Your credit file will also be updated as satisfied once payment is credited to the account".

 

Now this all seems to me to be an act of desperation similar to a debt almost becoming Stat Barred.

So although a CCJ doesnt become SBd, I have read a lot on CAG that a court can be influenced by a 6 year period of inactivity by a creditor once that creditor has a CCJ in place, I would be VERY interested in anyones views on this, especially any personal experiences.

Im also very interested in how, should a court "quash" a CCJ because of the above circumstances, this would have an effect on a Charging Order? After all, surely if a CCJ ceases to exist, then it must follow that the corresponding CO also ceases to exist, as the CO is founded on the CCJ?

 

If the 6 year "inactivity" period is valid and carries weight in a court, I will be "going after" this CCJ with a view to having it cancelled and removing the CO on my home.

My only concern is that the 6 years period doesnt seem to be written into legislation like the SB defence is. Therefore I need to find out how "strong" this course of action may be.

So any assistance Caggers can offer will be gratefully recieved.

Thanks all.

[Conniff]

It would seem as if you are asking for help with an attempt to avoid paying a debt rather than request assistance in how to handle a debt you're struggling with.

 

That's not what this site is about.

[unclebulgaria67]

The CO crystalised the debt at the point the CCJ was awarded. Some creditors will approach people at certain intervals to see if they want to pay anything and the relevant amount is deducted off the amount the claimant creditor would receive when the house was sold.

 

Do you know what CO was obtained ? I believe they can vary. One CO requires the claimant creditor to receive the amount upon the sale of the property and some only require them to be advised. I may be wrong here, but have read this on a number of threads, that the wording of a CO can vary.

[KaptRoger]

Merlin,

 

The Land registry will also have a record of the CO. The entry on registry will not be removed until the beneficiary of the CO reports that the CO has been paid.

 

[merlin100]

It would seem as if you are asking for help with an attempt to avoid paying a debt rather than request assistance in how to handle a debt you're struggling with.

 

That's not what this site is about.

 

Sorry Conniff but you are wrong. Had my creditors been reasonable when my circumstances changed without warning, I would have been reasonable too.

However, as in many cases, they were not. They knew I couldnt meet the monthly payments so they demanded the whole of the sums - wheres the sense in that?

My creditors made an almost Lemming-like rush to the courts to secure their money when there was really no need - I was trying to negotiate with them.

Since then, and like many on here, I have been threatened, lied to, decieved, suffered years of threatening letters and phone calls. Listened to the rubbish they spout in order to intimidate you - the list is endless.

So please excuse me if I say that 90% of what I have learned is from a site of which you are a site team leader. But anyway, thank you for maintaining the site. Ive been taught so much.

[Conniff]

If you are still having problems, you should apply to the court that issued the ccj for a time order, this can be a low as £1 per month and would give you back the equity in your house the charging order is denying you.

[AndyOrch]

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, CC judges would not normally allow enforcement.

 

Regards

 

Andy