CABOT chasing ex littlewoods barclaycard debt

[mysticpols06]

Hi all,

Have been reading thru diff threads last couple days & didn't wanna tread on any1's toes

figured should start a new thread in order to fill u all in & hopefully gain some advice

- PLEASE PRETTY PLEASE!!

 

I took littlewoods cr/cd (Barclays) approx Oct 02.

 

Family circumstances changed (as they do)

eventually had letter from 'Mercers' " acting as agents for Barclays" with default & request for outstanding balance Sept 07.

 

Hubby involved free organisation 'DAWN' (They were really good)

who did the whole holding, financial statement & pro-rata letters thingy which was accepted by all cred's.

 

Nov 07 letter from Cabot

"The cabot financial group recently bought account etc etc with interest charged at xxxx" (bog standard letter it seems) & the SAME DAY (ironic) letter from barclays stating

"we hereby give notice of the assignment of the debt owed to us...direct payments/queries to Cabot".

 

I contacted them (i know i know - prat )

- arranged standing order for same reduced payments prev agreed with barclays & was told to ignore the automatic default that would be sent the next month & that interest would be frozen.

 

5 days later received arrears notice & the default received dec 07 which i ignored as was told to.

started to get monthly statements incl interest that they HADN'T frozen.

 

Have cont' to send regular updated fin' statement/payment offers etc to ALL creds at 6 monthly intervals & still asked them to stop the int - they didn't.

 

No probs until (this is where fun starts) Sept 08 letter stating

- "review of your acc - you are making payments that are less than the original contractual repayments required under your credit agreement.

 

As a short term arrangement we relaxed the terms of your original agreement which we could enforce at any time to suit your needs.

 

we will continue to honour the the repayment plan but advise you if you keep making payments in accordance with it we will have to serve a default ..yada yada.." (seemed like damned if i do make payments damned if i dont)

 

So, i cont' to make the payments obviously not having the spare cash to make up any apparent arrears.

 

Oct 3rd got default notice stating

" had breeched payment clause under credit agreement by not paying min contractual amount required & to pay all outstanding arrears by 23rd to rememdy breech".

 

I was in middle of sending balance requests to all creds ready to update the whole fin' statement etc that we do & have refused to ring them or speak on phone since they got crappy again.

 

Oct 15th - letter received " notice of arrears" - basically pay all arrears in full or default/court action etc etc - but still make sure u cont to pay any agreed payment plan amounts.

 

Oct 29th - letter received " your agreement is terminated" because " you have not comp[lied with the default notice and payments to your credit agreement have not been made at the minimum contractual level despite reminders..etc etc..pay in full immediately & in addition your acc status will be reported to the credit reference bureux"

 

Am peeved that they have continued to add the interest even tho they said wouldn't

(they are the ONLY one of mine or my hubby's cred' to have done so),

 

I know i prob need to contact them

but i really not sure as to what to put because they at least want arrears out of me if not the full amount which they are expecting

 

i refuse to come to the phone or ring them back.

Main thing bugging me is i never signed an agreement with them

so i assume they are refering to the agreement i had with barclays?

can they enforce that?

 

thought made sense to fill u all in as much as poss.

Am not sure how much time i have really before next step (not sure what it is) will occur.

 

Got last letter on sat (1st)

- quite ironic actually that they have decided to terminate my agreement almost a yr exactly to the day that they bought my debt. doh!!

 

Ok. thanku in advance lovely people & i'll hush now. Jx

[huggys boss]

Have you sent a CCA request at any point? If not I would do that NOW.

 

They have 12+2 days to comply with your request. You will find a letter template in here. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

It is letter N that you need.

 

Send it by recorded or special delivery and enclose a £1 postal order.

 

Do not sign it, just print your name (never sign anything you send to a DCA)

 

If they do not comply within the 12+2 days then you send an account in dispute letter and they can not add any charges etc until they manage to produce your CCA.

 

Scan and upload anything they send you. Make sure you edit any personal details, account numbers or bar codes out of your documents.

 

A good programme to use is photobucket.

[mysticpols06]

thanku hun - will get that done asap! Jx

[mysticpols06]

ok, cca request sent recorded this morn like you said. Anything else that i might need to know or is it just a case of waiting for a reply now? Thanks v. much for help!!

[huggys boss]

Just play the waiting game for now.

 

Keep an eye out over the next few days to see if it has been delivered. The track and trace system is here

 

You just need the number from your receipt.

 

If you have not had a CCA by the 19th November then it is time to send the account in dispute letter.

 

If they do send anything through, scan and edit it and upload it in here using photobucket or something similar, and then we can tell you where you go from there.

Edited November 5, 2008 by huggys boss
thought 5 + 14 = 14 DOH

[mysticpols06]

cheers hun! At the risk of sounding like a total naive plonker - between myself & hubby we have a fair few DCA that we have been dealing with - ie, fredrickson, ndr, cabot (me & him), Mercers, Lowell etc - the usual suspects from what i can gather! Up til now we have been struggling on with the 6 monthly updated fin s/ments & pro-rata offers etc thinking we were doing the right thing etc but now this has made me (quite belatedly) wonder if i should be sending that letter & £1 to all the dca's that have 'apparently' bought our debts? Even if until now they HAVE frozen interest etc as agreed - i can't help feeling they are all 'on the turn' so to speak like cabot have just done. Do u agree please? (i promise i'll catch on quick enuff (eventually)

 

Hmmm - ave just realised i sub-conciously added a LOTTA etc etc etc in last post - doh! soz...

[huggys boss]

Other than loans and overdrafts, I would CCA them all.

 

It will give you, if nothing else, a bit of breathing space. If they can not or do not supply you with a true CCA within the 12+2 days then the account is in dispute, and they can not enforce the debt until they produce your CCA.

 

You then have the option of stopping paying (this wont stop them hounding you, although they are supposed to) or, you have a better bargaining power. You can then pay what YOU can afford to pay, or negotiate full and final settlement.

 

You can also look into recovering any charges they have added onto your accounts. You probably wont get it back in hard cash into your hands, but it will reduce the amount that you actually do owe.

 

We have about 20 creditors and I bought a few ring binders and some plastic wallets and sorted all the paperwork out, and I am slowly working through them.

 

To date, I have sent off 7 cca requests and so far have 3 blank ones back (not worth the paper they are written on) and 4 accounts have been sent back to the original creditor because the DCA knows that they can not legally collect the debt.

 

So yes, get printing them CCA's off.

[mysticpols06]

Nice one - will get doing that - at the end of the day if they do produce info then we can just cont to keep up reduce payments until they get pooey & if they can't then we will take it as it comes - At they end of the day we take responsibility for the fact we are in debt regardless of what caused the change in our circumstances but we don't expect to be hounded & stressed to the point of breakdowns (NOT gd thing for your young kids to see) Harumph!! (Rant over

[huggys boss]

Very true.

 

The majority of people on here are in a financial mess due to changes in circumstances. I have not spoken to one person who says they do not intend to pay their debts.

 

We just want to be able to get ourselves back on track at a rate that we can afford.

 

Good luck with it all and keep in touch.

 

Remember, just because they send an agreememt does not mean it is enforceable. Upload anything you get. You would be amazed at the stunts they try to pull.

 

I have spoken to one lady tonight and after she had sent for her cca, they didn't supply her with one, but did send her a blank one and asked her to sign it and send it back.

[mysticpols06]

No way!!! Unbelievable!! Thanks again - will attempt to get those sent this next couple days to everyone & keep u posted. Just one more thing - hubby says, what should we do or expect do u know in the next few wks beings as we have ignored their last letter demanding the full balance etc?

[huggys boss]

I personally would carry on ignoring them. At the end of the day, if you are not in a position to settle the accounts in full, there is not a lot of point trying to speak to them.

 

The CCA you have sent will be with them tomorrow or Friday, and if you get the others out soon, then the companies will realise that you now know your rights.

 

If you have been making token payments, I would pay them until they fail to comply with your CCA requests, because until they do, the debts are still enforceable.

 

Whatever you do, if you or your husband feel the need to contact any of your creditors, do it in writing and send it by recorded or special delivery (I always use recorded. £1.08p is better than £5 for special). If you ring them the only thing you will get is frustrated, and if they haven't already got it, they will get your phone number.

[mysticpols06]

ok - will do - they def have our no, but dont like the fact that we refuse to speak to them & have sent letters stating all contact in writing etc already. (At least i got SOMETHING right, hopefully), Thanks again. Take care.

[huggys boss]

Did you send them a letter like this?

 

Harassment by telephone - Consumer Wiki

 

If the calls are still coming in, log them and send this to any or the DCA's that are ringing you.

 

I hope you and your husband are sleeping better at night now, I know that we did once I found this site.

 

Take Care

 

Elaine x

[mysticpols06]

Hi Elaine - How r u?

Have sent cca request to all creditors that have had our acc passed to & are now getting pooey - so will see how we go. Cabot should have had theirs by fri (am gonna check tracked sig etc in min) so am waiting for reply. Have had no more letters this past week but a few calls where the other end goes dead the min once of us says hello - happened to our eldest daughter (ten yrs old) a couple times & freaked her out a little bless her but 1471 just tells us number witheld/unavailable so we are guessing is either cabot or ndr who are the main 2 at the mo causing us grief! If carries on we thinking of just getting bt to change our tel no - that might pee em off (u can always hope).

Anyways, just thought i'd fill u in. Take care hun, Jx

[huggys boss]

Sorry it has taken me so long to reply.

 

We got our number changed last year. I told BT that we were getting loads of marketing calls and I was sick of them. They changed the number within about 8 hours.

 

Good Luck with it. If they get shirty with you about changing your number, give me a shout. I have the telephone number for the Directors Office, they get things done.

[mysticpols06]

:confused:Hi, Got reply already from cabot stating:

"acknowledge receipt of your request......The cabot financial group are not obliged to provide this info but are plsed to help & have already requested documentation from original lender......cabot financial does not accept the statuory fee required under section 77 and/or 78 of the cca '74 & as result have returned the fee received......We anticipate that we will be able to provide this info within the 12 days. In the event that we are unlikely to obtain this info within those time limits we will write to you again."

 

Seems like a standard reply some people get (gathered from a few other threads), but dunno what to do now as they have returned the postal order i sent & am presummin that if they dont accept it then they could say i never offered it or something along those lines?? So is there another letter i need to send mayb with the postal order again etc?

Still nomore comms regarding the full outstanding balance that they are apparently expecting after supposedly terminating my agreement?

Any help/advise most def appreciated please peeps! Many thanks, Jx:)

[pookeymonkey]

Hi,

 

the £1.00 fee is the maximum that they are allowed to charge, but is optional.

 

Just keep the returned PO, any letters to and from them and any proof of delivery that goes with any letters you send them. I have a nice row of ring binders now, one for each account, all filed in date order. In some way I should thank the DCAs as they are helping me channel my OCD tendancies into something constructive.

 

Cabot are in one of my folders, and started off with a letter like you have just got after I sent them a CCA request. They then sent several letters blaming the original creditor for the delay, telling me how hard they were working to get me the CCA copy. Then a threatmonkey (we are not related) must have pressed the reset key on the threatomatic and I went right back to letter number one, 'We have recently bought your account'!!! I have pointed this out but the cycle of letters continues. Still no CCA.

 

Good luck,

 

Pookey

[mr.ton]

Cabot are in no position to issue out instructions to debtors

[mysticpols06]

Hi Pookey Mr T - Thanku! Can't believe they have gone a full cycle on you & are back to the original letters! Am i right in thinking that i do not have to pay them if they can not provide the cca? Wasn't sure if yes & if so whether is after the 12+2 days or the following 30 days? They are only getting £11 a month at the mo (pro-rata payment), but would be very nice to think that that 11 squid could go towards a new winter coat for one of me littl'uns if you know what i mean!

"Cabot are in no position to issue out instructions to debtors :rolleyes:" is an ominous but lovely positive satement Mr T! Made me smile (not often THATS been happening with all these dca stress lately!). Thanks again. Jx

[havinastella]

Have you tried this

 

Cabot Financial

 

Create a new account, don't use a normal email address, log in, and change your details.

 

Worked for me

 

 

JOgs

[autumnmentia]

Just a small but very very important note: Check the account number on Cabots letter matches the account number of your barclaycard. Then check which account number is defaulted on your credit file, you will probably find Cabot have changed the account number in order to file a default which is how they get around placing a second default for the same debt. They have done it to me, thought I wouldn't notice. Doh!! Check the default dates too, you will probably find Cabot has a false date, ie: in my case they placed theirs Sept 07, Barclays added theirs Feb 08, apparent notice of assignment dated Feb 08. You do the maths!

I ignore them as if they really are chasing for a debt for that account number then I can honestly hand on heart say I don't owe anything.

Besides Barclays is being dealt with by Trading Standards "I say that with tongue in cheek as its actually barclays telling trading standards what to do" so in theory Barclays shouldn't have sold it on anyway.

[mysticpols06]

Hi peeps, just an update.

 

Mine: Cabot CCA sent 06/11 - fee returned 10/11 they app requesting info from orig lender (Littlewoods cr cd).

Cap 1 CCA sent 07/11 - No reply yet.

Fredrickson sending CCA asap!

 

Hubby's: Cabot CCA sent 07/11 - fee returned 11/11 they app requesting info from orig lender (Morgan stanley - (lol, ZACKLY same wording as my standardised templated answer).

Cap 1 CCA sent 07/11 - no reply yet.

Debt managers ltd CCA sent 07/11 - fee kept 13/11 & app requesting info from orig lender (Next).

Lowell CCA sent 07/11 - No reply yet.

 

Just wanted to keep you all up to date so can (hopefully) pick your brains later on in the procedure

 

Also - don't s'pose any of you recognise a tel no beginning 01202? We have been screening our calls as had enough of 'numbers witheld' putting phone down on kids etc when they answer but didn't recognise this one and don't want to answer those we don't know. Plus it only started calling in last few days since sent CCA requests so kinda assummin is a DCA. Anyways, yep i'm prob bit nutsy for asking but you never know - doh!

 

Hope everybody is keeping well! Take care, Jx

Edited November 14, 2008 by mysticpols06
typo doh!

[mysticpols06]

Forgot to add another one of mine - Ndr/Littlewoods - CCA sent 07/11 - No reply yet! x

[PGH7447]

01202 is the bournmouth area code, but with out the full number it could be anybody

[mysticpols06]

Hi PGH, Thanks hun - we DEF don't know anyone that could be calling from that area so will assume is something to do with one of the DCA unless proves otherwise. Cheers!