Kangadrag v cabot

[kangadrag]

Hi folks,

 

after tasty sweet success on hubby's part (his away serving country), I am now on a one woman mission to get rid of all his financial baggage left over from ex wife.

Now is the turn of cabot, hubby has been paying cabot for 2 old debts for about 3+years. Have just pulled out old paper work, one is for an MBNA card whose default balance is just shy of £4000 (hubby thinks limit was £1500) and HFC (he thinks this was from DFS). I feel especially in the case of the MBNA that their has obviously been a huge amount of charges put on it.

So, what do I do..... having read the threads I think I send a CCA letter to Cabot for both accounts. If they can't find one hubby stops paying until they find one. Addtionally, I send an SRA for both accounts to original creditors. This will show charges etc. Whether they find the CCA or not I get the charges refunded.

Now I understand that the letters should not be signed but does this just mean I type his name or does he need to print his name on the bottom of the letter?

 

Kind regards

 

Kanga

[pmhcfc]

Hi folks,

 

after tasty sweet success on hubby's part (his away serving country), I am now on a one woman mission to get rid of all his financial baggage left over from ex wife.

Now is the turn of cabot, hubby has been paying cabot for 2 old debts for about 3+years. Have just pulled out old paper work, one is for an MBNA card whose default balance is just shy of £4000 (hubby thinks limit was £1500) and HFC (he thinks this was from DFS). I feel especially in the case of the MBNA that their has obviously been a huge amount of charges put on it.

So, what do I do..... having read the threads I think I send a CCA letter to Cabot for both accounts. If they can't find one hubby stops paying until they find one. Addtionally, I send an SRA for both accounts to original creditors. This will show charges etc. Whether they find the CCA or not I get the charges refunded.

Now I understand that the letters should not be signed but does this just mean I type his name or does he need to print his name on the bottom of the letter?

 

Kind regards

 

Kanga

 

Yes Kanga.

 

CCA Cabot on both accounts...They'll send back te 2 £1 Postal Orders you send, saying they aren't liable but will get the info for you...

 

They'll go over the 12+2 days default - that's when you can stop paying them until they come up with documents (if ever) ..Save the SAR's until after they furnish you with the CCA agreements.

 

Don't sign the letters, well sign them but just make a signature up...Send recorded delivery too.

[kangadrag]

Hi everyone,

just a quick update...... I received the standard letter from cabot about they don't have to do this but will send for it from the original creditor. Their letter was dated the 27th November. I still have not received anything from them. What should I do? I don't want to be rash in making a decision about not paying as it is hubbys debt but I would like to get rid of the excessive charges etc. He has been paying them for over 3 years and has only paid about 1/3 - 1/2 of the amount which is still in excess by about £1000 on what the original card limit was.

Any advice please?

[Fred Bassett]

Patience Kanga, patience. You can't stop paying them yet!, much as you'd like to. You can, once the 12 + 2 days is up (as with HBOS!), until then, sit tight.

 

You're probably onto a good thing with MBNA - properly executed agreements from them are about as scarce as rocking horse dung. As for DFS, I wouldn't know.

 

Assuming that some, perhaps most, of these creditors can't provide you with the necessary documentation, you will be in for a long battle. It might be best to prepare for it now in terms of how you are going to deal with them.

 

If there is no hint of any dispute at the moment and if you have access to the accounts online, get in quick before they suspect anything and change your contact numbers. You can sign up for a free 07005 number which is voicemail. You won't regret it.

 

Regards.

 

Fred

[kangadrag]

Have heard back from Cabot, who have said neither of the original creditors have been able to provide the CCA's at the moment and they have therefore suspended the accounts until further notice.

Do I need to do anything now?

 

Thanks Folks

[ScarletPimpernel]

Just enjoy Christmas as much as you can whilst your husband's away.

 

Keep an eye on the post for drivel from Cabot, but it's likely that nothing will appear.

[kangadrag]

UPDATE

 

Have received a letter from Cabot today with a copy of the CCA for MBNA and terms and conditions. The CCA does have application form stamped on it BUT I have compared it to those Steve has posted on the relevant sticky and it mets all the stated points so I believe it is an enforcable agreement. My only query with it is that it shows no card limit on it anywhere! I also received 2 "representation of letter dated....." letters. One is a letter "confirmation that the outstanding balance due under the above account has been assigned to Cabot Financial (Europe) Ltd...................All enquiries regarding this account, including accurate balance information, together with future payments, should be made directly to this company." (this is from MBNA to my hubby). Second, was a standard letter from Cabot stating they have purchased the debt.

They also enclosed a statement of the account since they have held it. Most of it is very straight forward showing the payment of £67 per month coming off the outstanding balance the questionable bits are from 2002 and just before hubby started paying it in 2005.

 

http://i712.photobucket.com/albums/ww121/kangadrag/pg2e-1.jpg

http://i712.photobucket.com/albums/ww121/kangadrag/pg1e-1.jpg[/url]

 

Firstly is the large interest payment added in Jun 2005. The second is that no payments seem to have been allocated to the account until this interest charge was paid. I did the calculations and it adds up to exactly the interest payment! Once this was paid the balance started to reduce. This is really annoying as I beleive the orignal limit was only £1000-£1500, Hubby isn't sure as it was such a long time ago.

 

So my questions.......

firstly does this seem OK (statement),

secondly, do I now send for an SAR and to whom?

 

BTW no site of anything for the Cabot (HFC) account!

 

Thanks

 

Kanga

 

I've also added the agreement for you

http://i712.photobucket.com/albums/ww121/kangadrag/agreementedit-1.jpg

Edited January 7, 2009 by kangadrag
needed to resize uploaded images...... I'm a beginner ... you can tell LOL

[Fred Bassett]

UPDATE

 

Have received a letter from Cabot today with a copy of the CCA for MBNA and terms and conditions. The CCA does have application form stamped on it BUT I have compared it to those Steve has posted on the relevant sticky and it mets all the stated points so I believe it is an enforcable agreement. My only query with it is that it shows no card limit on it anywhere! I also received 2 "representation of letter dated....." letters. One is a letter "confirmation that the outstanding balance due under the above account has been assigned to Cabot Financial (Europe) Ltd...................All enquiries regarding this account, including accurate balance information, together with future payments, should be made directly to this company." (this is from MBNA to my hubby). Second, was a standard letter from Cabot stating they have purchased the debt.

They also enclosed a statement of the account since they have held it. Most of it is very straight forward showing the payment of £67 per month coming off the outstanding balance the questionable bits are from 2002 and just before hubby started paying it in 2005.

 

http://i712.photobucket.com/albums/ww121/kangadrag/pg2e-1.jpg

http://i712.photobucket.com/albums/ww121/kangadrag/pg1e-1.jpg

 

Firstly is the large interest payment added in Jun 2005. The second is that no payments seem to have been allocated to the account until this interest charge was paid. I did the calculations and it adds up to exactly the interest payment! Once this was paid the balance started to reduce. This is really annoying as I beleive the orignal limit was only £1000-£1500, Hubby isn't sure as it was such a long time ago.

 

So my questions.......

firstly does this seem OK (statement),

secondly, do I now send for an SAR and to whom?

 

BTW no site of anything for the Cabot (HFC) account!

 

Thanks

 

Kanga

 

I've also added the agreement for you

http://i712.photobucket.com/albums/ww121/kangadrag/agreementedit-1.jpg

 

 

Hi Kanga,

 

That's very hard to read. Is what you have just as bad or did it not scan very well?

 

The credit limit is one of the prescribed terms "This may be a term or the manner in which it will be determined or that there is no credit limit". If it doesn't contain something like that then it probably should. Best wait for

one of the experts to come along.

 

Regards.

 

Fred

[kangadrag]

That is about as good as it gets to be honest, it is really hard to read. I can read my husbands handwriting clearly and can confirm it is definitely his signature. In fact the scaned copy is probably a little better because the copy I have is about an A6 copy!

I can't see the card limit anywhere on it and nothing on the standard T & C's they have sent out.

thx

[Fred Bassett]

That is about as good as it gets to be honest, it is really hard to read. I can read my husbands handwriting clearly and can confirm it is definitely his signature. In fact the scaned copy is probably a little better because the copy I have is about an A6 copy!

I can't see the card limit anywhere on it and nothing on the standard T & C's they have sent out.

thx

 

Kanga, I'm pretty sure that this in itself makes the thing unenforceable - it has to be legible. It seems to me that what they've sent you is a pile of dung. Does it have an APR?

 

Fred

[kangadrag]

Hi folks....... still fighting cabot at the moment.

 

On of them is still on hold as they can't find a CCA.

 

The other (which is MBNA) is the one I have posted the copies of the CCA but it has no limit on it but they are now pushing to reinstate the payments and threatening to add a large sum of interest if we don't.

 

I'm assuming my next step is to send off for a SAR to them but I can't find the template letter.

 

Please help!!!!

 

Kanga

[Newborn]

I reckon that agreement is a reproduction of a microfiche copy. That means they won't have the original. It is unreadable = unenforceable.

 

Now, before you do anything, if your other half is in the services / government services and requires special security clearance then credit problems will affect that. So be careful. If not then will he need that clearance in the near future?

 

Next question is, was the default notice served correctly by registered or recorded delivery. If not, the debt collectors are illegally processing your hubby's data.

[heliosfa]

Now, before you do anything, if your other half is in the services / government services and requires special security clearance then credit problems will affect that. So be careful. If not then will he need that clearance in the near future?

 

 

I'd just like to point out that this is not quite true. If you don't tell the DVA about any credit problems and they find out, then yes, you would have problems. However, if you are honest with them on the relevant forms, then they should have no problem. The biggest thing they are looking for is honesty.

 

 

OK, Bankruptcy may cause a problem, but the other thing to note is that if you are legitimately disputing a balance, then this can be declared on the forms required for clearance.

Edited February 27, 2009 by heliosfa

[ScarletPimpernel]

I'd just like to point out that this is not quite true. If you don't tell the DVA about any credit problems and they find out, then yes, you would have problems. However, if you are honest with them on the relevant forms, then they should have no problem. The biggest thing they are looking for is honesty.

 

 

OK, Bankruptcy may cause a problem, but the other thing to note is that if you are legitimately disputing a balance, then this can be declared on the forms required for clearance.

 

Financial checks are not usually carried out as part of the vetting procedure unless the individual has regular access to assets that are protectively marked secret. The vast majority of service personnel are baseline-checked. Even then, as heliosfa says, unless you have a hole in your finances the size of an RBS pension you'll be ok.

 

The paperwork is a pain (I speak from experience); anyone who's lived in SLA or used a BFPO address gets the supplementary questionnaire because, I'm told by DVA, the CRAs don't hold info on those addresses.

[kangadrag]

We got them.................

 

Cabot (MBNA) - all complete and satisfied for £250 instead of the £2000 they tried to get!!!!!!!!!

 

Cabot (HFC) - still no sign of a CCA so guess that one is on hold too!!!!!!!!!!! yippeeeeeeeeeee

 

Just need to get BOS sorted now!!!!!!!!!!!!