Halifax Credit Card/Cabot DCA

[tezzaa]

Hi,

 

I received a letter of assignment from Halifax re a CC debt. The debt was assigned to Cabot Financial Services.

 

In the first instance what should I do. I've already had a letter from Cabot saying I'm in arrears.

 

Many thanks

 

tezzaa

[PGH7447]

send cabot a cca request

[42man]

Yep good advice from PGH...in the first instance send off for the agreement. How old is the debt if I may ask ? and are there some excessive charges that could potentially be reclaimed ?

 

The CCA request letter is here (LETTER 'N') - You need to send this by recorded delivery and enclose a £1 postal order

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[tezzaa]

Yep good advice from PGH...in the first instance send off for the agreement. How old is the debt if I may ask ? and are there some excessive charges that could potentially be reclaimed ?

 

The CCA request letter is here (LETTER 'N') - You need to send this by recorded delivery and enclose a £1 postal order

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

I'll have to check how old the debt is, in the meantime I also have had an Egg CC debt taken over by Moorcroft DCA but I never received a letter of assignment. What should I do? They are already sending me letters threatening Litigation!!

 

Regards

 

tezzaa

[ScabHunter]

I would start a separate thread for each different account as it will make it easier for you to track replies and advice.

 

In both cases you should use the normal filtration system. First question - is the alleged debt yours? Do you recognise the original creditor and account number as relating to your account? If not, send a "prove it" letter.

 

If it is your alleged debt, has there been any period of six years or more during which time you have neither made a payment nor acknowledged the alleged debt in writing? If so, the alleged debt is statute barred and you should send letter 'M' from the templates.

 

Assuming the alleged debt passes through these filters, send letter 'N' to request a true copy of the agreement.

 

With Egg, the chances are that an enforceable agreement will exist, but it is not certain. If it does exist, then you can send a SAR to try to determine the amount of any unlawful charges.

 

SH

[tezzaa]

I would start a separate thread for each different account as it will make it easier for you to track replies and advice.

 

In both cases you should use the normal filtration system. First question - is the alleged debt yours? Do you recognise the original creditor and account number as relating to your account? If not, send a "prove it" letter.

 

If it is your alleged debt, has there been any period of six years or more during which time you have neither made a payment nor acknowledged the alleged debt in writing? If so, the alleged debt is statute barred and you should send letter 'M' from the templates.

 

Assuming the alleged debt passes through these filters, send letter 'N' to request a true copy of the agreement.

 

With Egg, the chances are that an enforceable agreement will exist, but it is not certain. If it does exist, then you can send a Subject Access Request to try to determine the amount of any unlawful charges.

 

SH

 

Thank you SH that has been a great help.

 

Can you point me in the direction of more info on "unlawful charges" ?

 

tezzaa

[tezzaa]

I've sent off the CCA request letter, but I read on another thread not to sign it, just print my name. Unfortunately I signed it, is that going to be a problem.

 

Also should I have sent it recorded?

 

Many Thanks

 

tezzaa

[ScabHunter]

Unfortunately I signed it, is that going to be a problem.

 

It may be, who knows? We are seeing more incidents now of manufactured and reconstructed agreements which are nothing more than fraud. In many cases supplying a fresh signature is unlikely to prejudice your interest, as the enemy will already have a signature from the time you took out the account, on an unenforceable application form.

 

Also should I have sent it recorded?

 

Yes. You really need to send it again. Usual Crapbot policy is to return the £1, for reason known only to themselves, say they don't have to comply with the law (which is wrong, of course), and say they are putting your account on hold.

 

They have been known, however, to credit the £1 to any alleged account in order to try to reset the limitation clock. They would probably have a hard job explaining why you made one solitary token payment of £1, at the same time as you sent a letter stating that you acknowledge no debt, and at the same time you sent a CCA request letter stating you had enclosed a £1, and failed to enclose it.

 

SH