Me & my Debts - Haydon DMP since 2001- they charge a £20PCM fee from my <£40 payment - CCA time? In Scotland too!

[blueda]

Hi,

This is my first post since joining 2 days ago.

I posted a CCA request yesterday to Link financial using the template letter from this site, with a £1.00 postal order enclosed , and by 1st class recorded delivery.

The original lender is MBNA and the amount outstanding is around £1700.

I would be gratefull for any advice as to what is likely to happen next.

 

I have 3 other debts all with Cabot, which are

RBS

Morgan Stanley 

HFC,

amounting to about £3,600.

 

All the debts are from 1999 and 2000, when i cut the credit cards up and posted them back, and i never want another credit card.

i have been with a private debt management company and had little hassle since, £27 per month is payed through DMC to them plus £20 admin fee.

no interest is being charged and 4 other creditors have been paid off with reduced settlements through debt management company.

Now i am looking at the possibility of finding out if they have the legal right to enforce the debts.

I am going to send 3 CCA requests to Cabot.:-|

[craigers]

The DMP company are charging £20 per month and your card payment is £27???

[blueda]

Yes, the debts used to 9 in total now 5 and the debt £12,000 before with more payments going out, admin used to be £25 per month until down to 6 creditors.

[craigers]

Can I suggest you go to CCCS or Payplan and get on a DMP immediately?

[blueda]

Thanks Craigers, i am waiting to find out the outcome of the CCA requests before moving to the next step.

[blueda]

What is a CCS ? ive seen references on the forums but im not sure what it is.

[blueda]

Of the 4 debts i have 3 are collected by Cabot and 1 collected by Link financial, im not sure if the debts are sold to them by the original lenders, or if the DCCs are collecting on behalf of the credit card companys ??????

[seanysean]

It's the Consumer Credit Counselling Service.

CCCS - Free Debt Advice from the UK's Leading Debt Charity

[blueda]

Thanks for the information and link seanysean.

[rory32]

Did you receive a Notice of Assignment regarding these accounts?

Cabot often buy debts as do Link however whether they bought them or are acting as agent you still need to be sent a notice of the assignment.

The following is from notes by Sheriff Principal Taylor in the cause of Christie Owen & Davies plc t/a Christie Owen & Co against Mrs Anne Campbell and Stephen I Kliner and Stephen J Vallance.

Quote

[5] Mr McCartney, solicitor for the second defenders and respondents, referred me to a number of authorities but ultimately agreed with Mr Lloyd that the test which the court had to apply was that set out by Lord Kincraig in Libertas-Kommerz Gmbh, Appellants 1978 SLT 222 at 226:

"It seems to be that both cases show that if there has been a written intimation to the debtor of the fact that an assignation has been granted, the terms of that intimation must be considered, and if they are such, on a reasonable interpretation, as to convey to the debtor that the debt has been transferred, and that the transferee is asserting his claim to the debt from the debtor, intimation will be held to be effectual."

Thus there is a two stage test. Firstly, the intimation must, on a reasonable interpretation, tell the reader that the debt has been transferred. Secondly, the transferee must assert his entitlement to payment.

So put another way if a creditor wishes to sell an account they need to send you a notice of assignment.

[postggj]

rory

 

say the dca goes ahead with an n1

you find out no notice of assignment has been sent in your cpr request

will the court throw out the claim as the dca has no right to issue the claim. thats is either the debt has been assigned or the dca collecting on behalf of

[rory32]

In a Scottish court it may be that the case would be dismissed (certainly you could argue that it should be). In the case above it was dismissed on the grounds that the pursuers had failed to meet the criteria of the test.

 

Although whether there has been an effective intimation of an assignation will depend on the facts and circumstances of each case, if there has been no assertion of the pursuers' entitlement to payment through a notice of assignment it is difficult to see how intimation could have taken place. You can't just ask for x amount of money you need to actually assert your entitlement to it.

 

I would imagine that the legal position in England is similar although there will be some differences in law between assignment and its Scottish counterpart assignation (cession).

[blueda]

Regarding a letter i have from Cabot,

Welcome to Cabot.

The Cabot financial group has recently bought the account you held with Goldfish bank ltd and were now responsible for answering your queries and receiving payments. According to our records you currently owe £1890.61. Please contact us as soon as possible to discuss the options for repaying your account.

Of the 4 debts i have left

over the past 8 or 9 years

3 are with Cabot

and 1 with Link, 

i have never been sent an assignment for any, just a letter introducing the company, and the only forms i signed to the original credit card owners was the application forms.

I really appreciate your help and support Rory 32 and postggi.

Edited January 2, 2009 by blueda

[rory32]

Have you asked for a copy of the credit agreements? No matter whether the debt has been assigned by way of sale or whether the debt is being administered as an agent of the creditor the DCA still has a duty to supply these documents on request.

[blueda]

Hi Rory, i posted a the CCA request from this site and sent it on tuesday to Link fanancial by recorded delivery with £1.00 postal order. I have the letters in the envelope for the 3 accounts held by Cabot ready for sending when post office re-opens.

[rory32]

Good

[blueda]

It is only now i am finding out that i could have asked for a copy of the credit agreements, so i never asked for a copy.

I have been posting out CCA requests to Link financial and Cabot financial,

does anyone have any experiences as to what happens next ?,

i will be interested to hear what kind of reactions the creditors give,

i have used the template N from this site and sent the postal orders for £1.00.

[rory32]

Normally they will just write back and inform you that they will put the account on hold for 28 days while they request the information from the original creditor. Cabot will give you some rubbish about they are not obliged to supply the agreement as they are not the original creditor but out of the kindness of their heart they will do it anyway.

[vexlitigant]

Blueda

 

As per Rory's tip. They'll possibly tell you that there is no obligation on them to provide you with paperwork etc etc.

 

Main reason for me chipping in when i see Cabot on new threads is to steer the writer to the following web site which is owned by a guy who obviously enjoys his tussles with Crapbot. You will enjoy too.

 

 

 

Vex

Edited January 3, 2009 by MARTIN3030
Please observe site rules for links

[blueda]

I am paying the 3 Cabot held accounts through a debt management company, about £39.00 a month between them,

if they put the account on hold the DMC will still be automatically paying them unless i inform them otherwise,

what is the best thing to do ?.

[rory32]

Which DMC is it? Is it one of the free ones?

[blueda]

Haydon associates from Newcastle upon tyne charge £20.. per month plus 15 per cent of savings on reduced settlements they arrange with the creditors, we have had 4 settled this way, remaining creditors owed £5,300 ger £27.00 per month between them, have been with haydon since 2003 and another company from 2000.

[rory32]

After the 12 full working days are up you can withold payments. The DMC will only do this if you inform them you wish to do this.

 

There are also free DMC's such as CCCS and Payplan which won't charge you any fees at all.

[blueda]

I have just recieved the first reply from Cabot financial ( i have three accounts with them) regarding the CCA request, and it is a rapid response, as follows, We acknowledge receipt of your request under sections 77 and/or 78 of the consumer credit act 1974.

The Cabot financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender.

Cabot financial does not accept the statutory fee required under section 77 and/or 78 of the consumer credit act 1974 and as a result Cabot has returned the fee for £1.00 that you have sent.

WHAT HAPPENS NEXT

We anticapate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, We will write to you again.

CONTACTING CABOT

If you have any queries about your account or any payment options, call one of our helpful customer advisors on 0845 etc

In the meantime we thank you for your co-operation.

Im very surprised with their quick response. The original lender is Royal bank of Scotland Shell Visa Classic, balance £1031.02. I have been paying this through debt management for at least 7 years now. Feedback and advice on this will be most welcome.

[silverfox1961]

Hi,

Don't worry about the quick response. It's a standard letter which they send to all CCA requests.

Tickles me a bit when they say they are not obliged to etc. etc.

YES THEY BL**DY WELL ARE

Give it a couple of weeks and you'll get the next one saying although they have requested the CCA from the OC, they are expeiencing a delay.

Usual guff.

Go and have a drink, chill and wait for the next one

 

fox