Cahoot Debt sold to lowells

[overdone]

Now to these people who wrote this morning. I responded with a CPR request.

 

EquiDebt.

Limited

 

Dear Mr Overdone,

 

Original: Cahoot Abbey

Outstanding Balance £1624.73

 

It appears that you have not contacted us within the given time to clear the outstanding debt in full or agreed a repayment plan.

 

We have, therefor,(UNILATERALLY) set up a repayment plan on your behalf of £81.24 per month which means that your debt would be cleared in 20 Months.

 

We will expect your first payment by 22 March 2009 and thereafter on the same day each month.

 

Details of all payments methods are set out on the back of this letter.

 

If you do not reply to this letter by 19 March 2009, we will assume that this repayment plan is acceptable to you. If you are unclear on any of the above, please contact us on xxxxxxxxx immediately.

 

We can confirm that all interest charges have been frozen on this account.

 

Yours sincerely

 

 

V Wilkins

head of Collections

Equidebt Limited

Edited March 19, 2009 by overdone
add info

[lickthewallfatboy]

^^^^^

 

Lmao

[overdone]

Just dug out this letter from Cahoot. (18 Months old)Arn't there strict rules for issuing Default Notices?

 

11/09/2007

 

Cahoot

 

PO Box 398

Sheffield,

S9 2GQ

 

Dear Overdone,

 

This letter will serve to provide you with notice of our intention to register default information with credit reference agencies to which we subscribe, in respect of the above account number. This information may be used by other lenders in assessing applications for credit made by you and members of your household.

 

The role of the credit reference agency is to make it possible for lenders to quickly make accurate and responsible lending decisions. credit reference agencies do this by holding details of your credit histories which lenders then use to help them decide whether or not to accept applications for credit from customers.

 

This notice is issued pursuant to section 13.3 of The Code of Banking Practice.

 

Yours sincerely

 

A Markin

Manager Collections and Recoveries.

 

Is this correctly served, if not what can I do about it?

Edited March 15, 2009 by overdone
add info

[heliosfa]

Just dug out this letter from Cahoot. Arn't there strict rules for issuing Default Notices?

 

11/09/2007

 

Cahoot

 

PO Box 398

Sheffield,

S9 2GQ

 

Daer Overdone,

 

This letter will serve to provide you with notice of our intention to register default information with credit reference agencies to which we subscribe, in respect of the above account number. This information may be used by other lenders in assessing applications for credit made by you and members of your household.

 

The role of the credit reference agency is to make it possible for lenders to quickly make accurate and responsible lending decisions. credit reference agencies do this by holding details of your credit histories which lenders then use to help them decide whether or not to accept applications for credit from customers.

 

This notice is issued pursuant to section 13.3 of The Code of Banking Practice.

 

Yours sincerely

 

A Markin

Manager Collections and Recoveries.

 

Is this correctly served, if not what can I do about it?

 

That is NOT a Default Notice. it looks like a threatogram, MBNA use something similar "a default is due to register on your credit file in the next few days".

 

Default Notices (and Defualts) are covered by Section 87 of the Consumer Credit Act 1974 and also the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Legislation overrides "codes of Practice".

 

 

I've never heard of "The code of Banking Practice" and Google returns lots of Australian results for it . Section 13.3 of the Banking Code (british one ) is:

13.3 If we cannot help you, we will explain the main reason

why if you ask us to. We will give you this, in writing or

electronically, if you ask.

I'd check your credit report in some way in a few days (stay away from the Experian freebie though , perhaps get a printed report?) and see if they have defaulted you. If so, i'd be going down incorrect data route through the courts.

 

Hope this helps,

H

[overdone]

That is NOT a Default Notice. it looks like a threatogram, MBNA use something similar "a default is due to register on your credit file in the next few days".

 

Default Notices (and Defualts) are covered by Section 87 of the Consumer Credit Act 1974 and also the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Legislation overrides "codes of Practice".

 

 

I've never heard of "The code of Banking Practice" and Google returns lots of Australian results for it . Section 13.3 of the Banking Code (british one ) is:

I'd check your credit report in some way in a few days (stay away from the Experian freebie though , perhaps get a printed report?) and see if they have defaulted you. If so, i'd be going down incorrect data route through the courts.

 

Hope this helps,

H

It does help and I have just had my hardcopy from Exp and Equifax. The default was registered a month later. Oct 07 on both files. What do I do about it?

[heliosfa]

Can you just confirm if this is for a Bank Account/Overdraft or a Regulated (CCA 1974) agreement?

If it was a regulated agreement, did they "terminate" after that letter?

 

Have you requested a CCA for the account yet?

 

 

If it is a regulated agreement, there are a couple of ways of going about it. First, you need to find out if they did issue a proper Default Notice (may have gotten lost some where) and there are possibly two ways of doing it.

 

1 - SAR Cahoot and in it request a copy of the DN, along with a copy of lots of other things (the original contract, financial transactions, etc.). If they supply the same thing you have them

 

2 - Write to Cahoot requesting a copy of the Default Notice and give them 14 days. If they refuse, send a request pursuant to CPR 31.16. Make it clear you are requesting the Defualt notice as you have reason to beleive that they did not serve a compliant one and intend to start proceedings for unlawfull & inaccurate data processing. Give them 21 days and if they fail to comply, fill out an N244 and file at court to get a disclosure order.

 

Once you are sure they didn't send a proper Default there are a few ways forward and some nice bits of case law.

 

Hope this helps,

H

[overdone]

Have you requested a CCA for the account yet?

yes and if you read post 11 Moorcroft admit they cannot oblige. Equidebt are being sent a CPR request plus a copy of my letter from Moorcroft admitting they cannot comply.

[heliosfa]

yes and if you read post 11 Moorcroft admit they cannot oblige.

 

oops, sorry! i've been hopping about a few threads tonight and missed post 11!

 

What agreement type was it?

[heliosfa]

OK, after the PMs to keep prying eyes away from some info, have they terminated the account? I'm guessing they have as Cahoot/their agents have demanded the full balance at some point?

 

If they have terminated, then they can't issue a new DN because there is no agreement to issue one on. For the agreement to become live again, they would need your agreement, which they obviously don't have.

 

Terminating from a dodgy default is an "Unlawfull Rescission of Contract" on their part as they have terminated in a situation they were not allowed to. Basically, it means that they loose all rights to claim any money remaining and gives you possible grounds to claim damages for the rescission and, as they have registered a Default on your file incorrectly, damages under the Data Protection Act. Have a quick check of my mamoth letter in post 26 of my MBNA Thread for all the case law backing up improper defaults.

 

Really, you need to find out if they issued a compliant Default Notice. In my opinion, the most inconspicuous way to do this would be to sneakily request it in a SAR for lots of other information. Nice thing about a SAR is that it applies to all the info that cahoot hold about YOU, not just a single account, so you would get info back for all three accounts.

 

Cahoot wouldn't really be able to assume why you want the info, and if they have sold on the accounts, then they probably don't have to much intrest in them anymore.

 

As I said in one of the PMs, just check with one of the more knowlegeable CAGers like PT or 42man. Always best to have a second opinion

 

Hope this helps,

H

[overdone]

21 November 2008, I sent a cca request. This is now mid March. Can I sue them now for demanding payment on this account?

Edited March 15, 2009 by overdone
typo

[overdone]

Wrong thread posting.

Edited March 19, 2009 by overdone

[cerberusalert]

You can make a complaint to Trading Standards & the OFT.

[overdone]

Finally, arrived today,

 

16 March 2009

 

Dear Overdone,

 

Re: Client ref Cahoot

 

Thank you for a signed copy of the relevent agreement under the Consumer Credit Act. I can now confirm that on this occasion we are unable to provide a copy of the signed credit agreement requested.

 

We are now closing this account and returning it to our client

 

Yours sincerely

 

Mrs K Murray

[overdone]

Hi keep a copy of this letter and when the OC passes this to yet another DCA send them a copy and say when you can prove that this debt is enforceable please contact us again until that point I will make no further communication with you.

dpick

If the CPR does not work with Equidebt then I will do this. I cannot confirm whether this debt refers to a LOAN account.

Edited July 28, 2009 by overdone
adjustment of info

[overdone]

Response to CPR request dated april fools day.

 

EquiDebt.

limited.

 

Dear Overdone,

 

I refer to your letter dated 14 March 2009 and opologise for the delay in providing you with a reply.

 

In your letter you have made reference to our letter dated 12 March 2009 which you have stated "Intended Legal Action". Having checked our records I have not seen any letter advising you that we were intending to take legal action. I have noted the various points in your letter and confirm that if you require a copy of your credit agreement/application form please can you send us the statuatory fee of £1.00 and we will then request a copy from our clients Abbey.

 

Regarding the pther points noted in your letter because we are not intending any legal action at this stage, then a counter claim is not appropriate in the circumstances. We would hope to obtain repayment of the outstanding balance without recourse for legal action and the associated costs.

 

We have enclosed a copy of our complaints procedure as requested and a prepaid envelope for the ease of your reply.

 

Yours sincerely,

 

James Ethridge

Compliance Investigator.

[overdone]

6 January 2009

 

Dear Overdone,

 

Thank you for your request for a signed copy of the relevent agreement under the Consumer Credit Act. (HUH)

I can now confirm that on this occasion we are unable to provide a copy of the signed credit agreement requested. We therefore return the £1.00 payment submitted in that connection.

 

we are now closing this account and returning it to our client.

 

This account was defaulted Oct 2007 but no written permission to handle my info is admitted. naughty Cahoot.

Edited July 28, 2009 by overdone

[overdone]

Finally, arrived today,

 

16 March 2009

 

Dear Overdone,

 

Re: Client ref Cahoot

 

Thank you for a signed copy of the relevent agreement under the Consumer Credit Act. I can now confirm that on this occasion we are unable to provide a copy of the signed credit agreement requested.

 

We are now closing this account and returning it to our client

 

Yours sincerely

 

Mrs K Murray

 

Cahoot have never come up with a CCA on any of my three accounts with them. This is a loan agreement. No permission to handle my data yet this account was defaulted July 2008. Is that naughty?

[sleepingdog]

Hi OD , the more I read about the antics of DCAs the more they remind me of clowns at circus.

sleepingdog