Cabot and 3 HBOS Debts subject to reclaiming

[Isiris]

DPA sent with regards to THREE accounts that are being handled by debt collection officers and Interim Justicia and Some blah blah and blah. They were more than happy to furnish me with the details when I said I need the numbers to pay them via BACS

 

All DPA sent Special Delivery, Next day B4 1pm

[Isiris]

Your item with reference ZU585362531GB was delivered from our HALIFAX Delivery Office on 02/06/06 .

[Isiris]

Just a quick question as I know its going to get there.

 

When I issue proceedings, do I Issued one Summons for each account, or do I just consolidate them into one

[Janet-M]

As long as its not over £5000 then as one

obviously follow the step by step guide first before issuing proceedings

[Isiris]

20Th June

 

Today phoned to chase as I noted they had not cashed my cheque.

 

Spoke to "Ray"

 

He advised that while they had received it, as I had the proof, it had not been entered onto there system. he gave me an email address [email protected] and advised me to email in asking for a charges only list on the accounts.

 

I have done so BUT also attached the original DPA letter, a screenshot of the Proof of Delivery and advising that while I appreciate that the original may have been lost, the original 40 days is still ticking.

 

He did say something that ticled me, he said that he couldnt generate a charges only sheet as he didnt have the authority to, only the special team set up to deal with this can. Its a "Major Issue for the Bank"

 

NEVER

[Isiris]

Right

Just got home and even though they had no record, my statements have come for my 3 accounts. Totaling 155 pages.

 

Going to sit down tomorrow, England are playing, and work out exactly the mounts.

 

1 quick question, their is alot of Intersest. Now none of these accounts had an overdraft so the only way I could become Overdrawn was if I had had charges applied.

 

Am I correct in thinking I can claim this back as well as there would not have been any interest if it hd not been for the charges.

 

Thanks for your help

[Isiris]

Right

Got all 3 accounts totaled together, was a bit gutted that they were not for more but never mind.

 

Account A £420 Charges Balance -£69.21 Owed £350.79

Account B £902 Charges Balance -£145.63 Owed £756.37

Account C £1034 Charges Balance -£1230 I owe Them £196

 

So the NET figure is they owe me 911.16.

 

Now, heres the tricky. Do I chase them for the 2 that are in profit to me, when I get them paid, put into the account that I NET owe them say £300, then persue them on Account C because the interest will put me WELL in front on that account.

 

IF THESE were to Summons Issued on them, on all 3, I would be NET £1572.22 as of today.

 

I can afford to go and put £300 in account C now if this would help my cause.

 

I hope you understand what I am asking as Im struggling.

 

OR do I just issue a claim en mass for all the charges and ignore the current balance even though I have not paid them, then settle the accounts after payment

 

RE-EDIT

I can pay all the balances off to ZERO

[Isiris]

Bump

[Janet-M]

As what they owe you comes to less then £5,000 you can claim for the total amount inclusive ( the 3 accounts ).So you don't have to seperate the accounts or sever them.

You don't take off what you owe them , or go and pay it ,but claim for the total amount they owe you because if they hadn't unlawfully charged you then you wouldn't owe that amount.If once you start this they mention the money you 'owe' them then write and tell them it's in dispute, better still come back here and post what you are told then we can offer you more informed advice.

 

If you don't understand this then please PM me again

[Isiris]

Many thanks for the reply. Was a little bit of a puzzler.

 

I will do exactly as you say. Then when they pay me, aggree to pay what I owe them at £3 per month roflmao

[Isiris]

Sent them 3 emails Requesting Patments for each individual account, ommiting the fact that I have any negative balance.

 

This could get complicated but here goes

[Isiris]

Interesting Development

 

Had a letter today from CABOOT who said they had bought my debt from Halifax.

 

I said that the debt was in dispute and to pass it back to Halifax. They said they had bought the debt so I owed it them. I said well you have been sold a red herring mate. He said if that was my attitude he would issue proceedings against me forthwith.

 

OK, got my legal eagle head on. I ask him for a copy of the Deeds Of Assignment. He said i would have to put it in writing to them. I said NO, you have wrote to me CLAIMING that I owe you this money, I want proof off of you in the shape of a Deeds of Assignment, dated prior to 29th June 2006.

 

He said he would get his manager to phone me, I said NO, I will speak to him now. Was on hold for 10 mins so put phone down.

[Isiris]

Right, the account where I am owed £1024, I today received the blah blah fair charges clah blah Terms and Conditions Blah but with an offer of £210

 

Sent it back with a letter before action and accepting £210 AS AN INTERIM only payment.

 

Here goes

[Isiris]

Right, other 2 accounts now the 14 days has expired from the preliminary letter.

 

2 letter before actions sent so now 3 in total.

 

Just a quick one, would you issue 3 seperate moneyclaims just to bump up Halifaxs cost. If they want to consolidate them all thats fine as its not over £5000. Just it will cost them £360 rather than £120

[Isiris]

I am being persued by Caboot over a debt they have bought from The Halifax.

 

Now I am pursueing the Halifax for bank charges that far outweigh the debts and have refused part settlements but I have been a thinking.

 

If, before going to court, the Halifax offer me IN FULL AND FINAL SETTLEMENT of my claim the full amount, am I legally covered for the debt that is held LEGALLY however unethically, by Caboot. They will have bought a debt in good faith, and the halifax are paying me charges back but will the debt thats held by caboot still valid.

 

The arguement here is not the ethics of the debt just will caboot still have a claim on me.

 

Your views are most welcome

[blueskies]

Write to Caboot and inform them that the debt is in dispute and that they should take no further action to recover the money until the dispute is settled. When taking action deal directly with Halifax and in your letter ask them to confirm with Caboot that the debt is in dispute.

[Seminole]

You need to be certain that Cabot actually own the debt. You should have received a letter of assignment from the Halifax. If you didn't then you should demand a copy from Cabot and not enter into any further correspondence with them until you receive it.

 

Assuming that know Cabot are the legal owner of the debt then the practical solution to the problem you raise depends on the balance on the account. If this wholly comprises charges, then Halifax should send its payment to Cabot. If it partially comprises charges and true debt then Halifax should still send its payment to Cabot. If the charges being reclaimed exceed the balance being sought by Cabot, then Halifax should send a payment to Cabot to pay off the debt entirely and a second payment to you for the balance. I realise this sounds a bit messy but it's Halifax's fault that it's got messy.

 

In practice it may not work out like this between Halifax and Cabot because Cabot only paid a proportion of the face value of the debt. However, this has nothing to do with you and it's up to them to fight it out. If they tried to you involve you in that sort of dispute it would be a matter for Trading Standards to resolve.

[Isiris]

You need to be certain that Cabot actually own the debt. You should have received a letter of assignment from the Halifax. If you didn't then you should demand a copy from Cabot and not enter into any further correspondence with them until you receive it.

 

Assuming that know Cabot are the legal owner of the debt then the practical solution to the problem you raise depends on the balance on the account. If this wholly comprises charges, then Halifax should send its payment to Cabot. If it partially comprises charges and true debt then Halifax should still send its payment to Cabot. If the charges being reclaimed exceed the balance being sought by Cabot, then Halifax should send a payment to Cabot to pay off the debt entirely and a second payment to you for the balance. I realise this sounds a bit messy but it's Halifax's fault that it's got messy.

 

In practice it may not work out like this between Halifax and Cabot because Cabot only paid a proportion of the face value of the debt. However, this has nothing to do with you and it's up to them to fight it out. If they tried to you involve you in that sort of dispute it would be a matter for Trading Standards to resolve.

 

Thanks for the above

 

So MAYBE:-

 

On 3 accounts I owe £1200, 700 and £144

The amount Im claiming is £1020, £932 and £277

 

So basically, I will only owe NET on 1 of the accounts. So if I DEMAND that Halifax pay any moneys outstanding to me and me alone, i could then Barter with Caboot with regards to the outstanding Debts. IE Offer £500 for the £1200, £350 for the £700 and £80 for the £144 leaving me in substantial profit against what would have happened if the Halifax hadnt sold the debt.

[Seminole]

I see what you're trying to do but I don't think that you'll be able to get away with that. The objective of this campaign is for people to get their money back not to make a profit. Even the interest being claimed is compensation for what people could have done with the money if the banks hadn't unlawfully taken it from them in the first place.

 

I think you should play this straight down the line and enjoy the fireworks that will almost certainly take place between Cabot and Halifax. This is one of the issues that has the potential to cause considerable disruption to the relationship between financial institutions and the debt buying scavengers.

[Isiris]

I see what you're trying to do but I don't think that you'll be able to get away with that. The objective of this campaign is for people to get their money back not to make a profit. Even the interest being claimed is compensation for what people could have done with the money if the banks hadn't unlawfully taken it from them in the first place.

 

I think you should play this straight down the line and enjoy the fireworks that will almost certainly take place between Cabot and Halifax. This is one of the issues that has the potential to cause considerable disruption to the relationship between financial institutions and the debt buying scavengers.

 

Semi

Sorry, my above was a type of tongue in cheek remark rather than an actuall plan of action I had in mind. The thing is that I am confused about is they did offer me £300 on the £1000+ account and said they would "Send me a Cheque". Do Halifax see this as the £1000+ I owe in Charges is all owed to caboot??

[Seminole]

I don't know. The banks seem to be making loads of mistakes in handling these claims.

[THEVARNSTER]

All a bit strange?

 

When a debt is sold you owe the original creditor £0

 

In a hypothetical situation, say its £5000

 

The debt collector offers you a full & final settlement of £1000. You settle.

You then are clear of debts.

 

If you reclaim unlawful charges from original creditor to say £1500, you are £500 up technically. Both creditors are sorted and you are money up. Other than moral issues, is this correct?

[THEVARNSTER]

One more thing, Why would the original debtor send the reclaim charge money to the debt collector, if the debt has been sold.

[dan-rides-bikes]

they wouldn't, its YOUR claim, YOU say where the money goes, if they try and knock it off a current balance you have with them DISPUTE it and tell them you will not tell the court the case is settled

 

THEY shouldn't state where YOUR money goes

[Isiris]

All a bit strange?

 

When a debt is sold you owe the original creditor £0

 

In a hypothetical situation, say its £5000

 

The debt collector offers you a full & final settlement of £1000. You settle.

You then are clear of debts.

 

If you reclaim unlawful charges from original creditor to say £1500, you are £500 up technically. Both creditors are sorted and you are money up. Other than moral issues, is this correct?

 

This was the type of situation that I was thinking. This was not deemed as a con. Just if Caboot had paid say £140 for my £1200 debt, why not offer them £450 for it in F&F settlement.

 

I believe, we are playing the system FAIRLY and the system allows for me to offer a reduced settlement.