CABOT and goldfish debt

[bergebabe]

Hi all -

 

I have found this site most useful but now have a question of my own! sorry its long winded!

 

I have had a CCCS DMP in place for three years and have reduced my outstanding debt considerably from about £28k to just over £11k now.

 

Although initially i had loads of problems (2 CCJS and an attempt at an order of sale - i was on panorama last week about my sofas)

i have been paying regularly and all seemed to be going really well.

All defaults on my credit rating are well over three years old and i though i was on the road to recovery.

 

then, about 3 months ago, one of my creditors sold the debt to cabot financial.

Now they are writing saying i am not paying min payment and i am getting new late payments showing on my credit file

- eventually i will get a fresh default even though i am paying them the same as i always paid directly to the original creditor.

 

i have contacted them and they have accepted the reduced payment from cccs but still rolling with all the default procedure.

 

Now my questions is

- i want to write to them asking for a CCA?

as i dont have t&Cs for this debt to check that i am in fact paying below the threshold.

 

 

I am worried if they see me as taking steps to getting the debt written off as unenforceable

they may refuse to continue accepting my payments and demand the full amount owed and take me to court.

is this possible?

 

sorry again its aso long!

[flyingdoc]

it sounds like whatever you do they are going to come after you so you may as well fight.

[PGH7447]

If you are on a DMP pass it to them to deal with, just because crabot bought the debt does not give them the right to change the agreement that was already in place.

 

If they want to start playing the fool then send thema CCA Request straight away.

 

I am sure you know the drill, £1 postal order send recorded do not sign, theyb then have 12+2 days to comply after that they can whistle in the wind

 

As far a the panorama and the sofa saga went i would SAR the compnay that sold them to you and reclaim all the charges

[bergebabe]

the thing is they ARE accepting my monthyl payments. if they decide to not accept these and demand the full amount im up a creek without a paddle as they say.

 

also i pay another debt to cabot which is all fine - i dont want it to effect this one.

[PGH7447]

without a valid credit agreement they cant demand nothing, and if they want to retaliate with the other debt then more ammo for you to use.

[hilaryfrances]

well done on clearing 17k, dont let this setback bring you down, you will sort it out. Feels nice when debts are being cleared doesnt it? Hils

[bergebabe]

thank you hilaryfrances its been a struggle, which is whyim so upset about new problems - there is no way i want to go through what i went through before.

 

knowing my luck they will have the credit agreement then they will make my life a misery.

[bergebabe]

also - what is this S.A.R?? i wasnt awate there was any action i could take and have kind of put it behind me but if i could claim back money it would make the whole thing lessof a bitter memory.

[PGH7447]

you send a sar to the original creditor and request all statemens for the account in question, it cist£10 which you can add to the claim and they have 40 days to respond

 

a template can be found in the forum wiki

[havinastella]

Hi Berge,

 

I'm sorry to say I was shouting all sort of things at you watching you on that programme, I also posted that I hope you find this site so we could help you reclaim all those charges.

 

The SAR can be found here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Just amend it to suit the purpose. Make sure whoever took that Sofa debt on gets one, you have about £3000 to get back from them

 

Good luck and welcome to CAG.

 

Jogs

[bergebabe]

wow - thank i will definitely be doing this. as you have probably worked out im not great at all this - all afternoon i have been reading through cabot forums and my head is spinning - i dont think im cut out for this - some of the guys on here ave put some serious work in!

 

panorama neglected to mention loads of info about the case too

- such as they implied i ignored contact from the creditor which isnt at all true, but they were completely unbending and would not accept a penny lower than the agreement amount each month

- hence the start of the court proceedings.

 

 

i also applied to have the case moved to my local court so i could actually attend and represent myself - which was denied by the court - something i was told was illegal.

 

sorry to have caused you to shout at your telly!!

The thing i suppose these people rely on is that it is a complex situation and that people like me wont be able to get their heads round it and make the most of their rights.

 

Hi all - i have posted about this in another section but i have now realised, after reading this site for the last 8 hours or so, that i prob posted it in the wrong place so thought i would move it to here.

 

i have a debt which has recently been sold to cabot (goldfish credit card dating back to 2002). i have been paying through the CCCS to goldfish for three and a half years and they have been happy to accept the payments with no problems - they are about £85 pm for a 4k outstanding debt.

 

now that cabot have taken over they have added missed payments to my credit file - which will eventually default - again. they also say i am not meeting minimum payments required although they are currently accepting these. my issue is that i dont have a copy of the original agreement so i have no idea what the min payment should actually be and whether they are right to be defaulting me.

 

As per recommendations on here i have sent out a CCA today and will await response - i will update when i gert one as i will most definitely need more advice then i should think!

 

as i mentioned - my concern is them getting uppity about the request for a CCA and, if they can produce it, then removing the arrangement altogether and demanding full payment. this has happened to me in the past with greenhalghs (creations consumer finance) who got a charging order then threatened an order of sale (see panorama).

 

i am being a time drain today so apologies but am now a little hooked to finding out more about this and feeling a bit excited. for all these years i have paid & paid without much of an argument - i see repaying my debts as my duty but they sure dont make it easy for you!

[twofoot]

I'll have a bet with you that they can't produce. Chin up!

[postggj]

may i ask how they got a charging order with out an agreement

[PGH7447]

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/169484-goalposts-changed-can-they.html

 

Can a mod combine these threads please, same issue being discussed in both

[bergebabe]

there was an agreement - and i wouldnt have know i could question it at that point anyway. the situation is not the same but i dont want the same outcome!

[42man]

threads merged...

[bergebabe]

 

ok - today i have received a letter from cabot in reply to my CCA request. it looks like the standard letter i have seen on others posts but i thought i would keep you up to date anyway.

 

it hasnt been 12 days yet so i presume i dont take any further action until then??

 

they also didnt want my £1 postal order!!

Edited November 27, 2008 by bergebabe

[ODC]

This is standard bullsh!t from Cabot who pretend to be unaware of Sections 175 and 189 of the CCA 1974. If they do not produce a properly executed CCA within the 12 working days then you can legally cease paying them. That should sharpen their minds

[dpick]

I think it may be a good idea to remind these twits that you have already been on panorama once due to debt and would be happy to appear again if they do not stop harassment and breaking OFT guidelines on debt collection.

 

dpick

[bergebabe]

Hi all -

 

well today is the 12th day after sending my CCA request. apart from the letter above i have heard nothing further from Cabot so am unsure what to do next?

 

here is the text i sent them originally -

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

© 42 Man

 

You can see the response i received above

 

i see on other threads that some people advise stopping paymnts once they havent responded in 12 days but i am reluctant to just stop paying the as i pay through the CCCS and i dont want to mess that up!

[bergebabe]

Oops Double Post Asorry

[bazaar]

Hi Bergebabe

Its 12 days + 2 for posting. After this they are in default. Now, you could send them a letter reminding them of their duties to supply the CCA and give them 7 days to produce it otherwise you will be under no obligation what so ever to make further payments.

You could even send the CCA request to the original creditor and tell Cabot where to get off.

good luck

[bergebabe]

well well, today i have received a letter from cabot which sounds rather hopeful.

 

can anyone tell me what account put on hold actually means? Should I stop paying them?

 

 

am excited!

[ODC]

Gesture of goodwill My AR*E

 

They are stuffed without a CCA and they know it.

[havinastella]

Hi again Berge,

 

Yes, you can now legally stop paying them.

 

In a few months time they may send you something that they say is a CCA. Post it here and we will tell you if it really is.

 

Did you start the reclaim process against the Sofa company yet?

 

JOgs