Cabot/Senior Recoveries Manager/halifax creditcard debt

[iwannaclearmydebts]

Hi everyone,

 

Its been some time since I've been on CAG, but I am now back needing your excellent advice on my Cabot situation..

 

I had a Halifax creditcard some 11+ years ago. I defaulted back in 2002/3 and since have not had any deals with them until cabot contacted me about 1 year ago. I have not paid anything to them and the account does not appear on my credit file.

 

I have had a barrage of letters ask for payment etc, advising the possibility of Warrant of execution etc. Then a solicitors letter asking for payment followed by a debt tracing agency letter asking if I lived at my address and to reply if I was not the named person.

 

The latest letter is from Cabot stating my account contiues to be in default and the outstanding balance is payable immediately (£4689) and if I do not take action they will forward to an external debt collection agency or commence legal proceedings if the account meets the litigation criteria + further costs maybe added to the debt as part of a CCJ.

 

Signed by the Senior Recoveries Manager.

 

What should I do about this?? I'm thinking a CCA request and/or a 'time barred' letter? Is this correct proceedure or should I be doing something else?

 

I really don't want another CCJ. My credit file becomes clear after August 2011 and I am starting to get back on my feet with CSA commitments (my oldest son) /nursery costs for my youngest son etc. We (me and my family) would like to move home in about 2/3years, so I would like to be able to get another mainstream mortgage.

 

Please help..Thanks.

[cerberusalert]

What should I do about this?? I'm thinking a CCA request and/or a 'time barred' letter? Is this correct proceedure or should I be doing something else?

Send them letter the Statute Barred letter, the onus is on them to prove otherwise.

[iwannaclearmydebts]

Hi cerberusalert

 

Thanks for a prompt reply. I'll be getting a 'statute barred' letter posted out tomorrow. Once I have a reply I will post it.

 

iwcmd

[iwannaclearmydebts]

Sorry to be a pain, but where do I find the Statute Barred Letter Template?

 

Thanks.

[cerberusalert]

It's in the template library http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

[iwannaclearmydebts]

Hi cerberusalert,

 

I have been reading previous threads about SB debts and understanding its down to last payment for the 6 year timescale.

 

I have just had a worrying thought I may have paid them a small payment about 2 years ago before I found the CAG website.

 

I have just investigated my statement history on my online banking and disappointingly found on 08/07/2008 I paid a card payment of £20 to Cabotfinancial.com...Argh!!!!

This now means I cannot apply the SB letter does'nt it?

 

The only thing I can think of now is to CCA request them.

 

Do you agree??

 

Thanks,

 

iwcmd.

[MARTIN3030]

Limitation in this case would restart from the date you last made payment if it fell inside 6 years.

Given the age of the account its extremely doubtful if Cabot will be able to come up with much.

A SAR to Halifax to include copy statements might be a way to go.

[iwannaclearmydebts]

Hi MARTIN3030,

 

Thanks for your advice. I have today sent a CCA request to Cabot and a SAR to Halifax to see what they come up with...

 

All sent first class recorded, no signatures and postal orders for the £1 and £10 fees.

 

In the meantime, are there any further actions I should be taking or letters I need to prepare just in case??

 

Thanks,

 

iwcmd.

[cerberusalert]

You don't have to do anything until you get a response from them. They have 12 working days from receipt of your CCA request to supply it and 40 days for the SAR.

[mark13]

Hi MARTIN3030,

 

Thanks for your advice. I have today sent a CCA request to Cabot and a SAR to Halifax to see what they come up with...

 

All sent first class recorded, no signatures and postal orders for the £1 and £10 fees.

 

In the meantime, are there any further actions I should be taking or letters I need to prepare just in case??

 

Thanks,

 

iwcmd.

 

When you get your SAR response I'd have a very close look at the default notice(I assume that is included in a SAR). I Just dug one out from 2007 which appears to be defective owing to them not allowing sufficient time to remedy. They had not allowed any time for postage and in any case the payment deadline only allowed 13 days from the date the letter was produced. if they were non compliant in 2007 there must be a fair chance they were before that also.

[iwannaclearmydebts]

Thanks guys for all your helpful advice.

 

I had a letter back from Cabot stating they received my CCA request, but did not accept my £1 postal order payment! So, I will now wait to see what comes back..

 

I've heard nothing from halifax as yet regards my SAR request. Please could someone confirm I have sent my SAR request to the correct address:

 

 

HALIFAX CARD SERVICES

TERRA NOVA HOUSE

PIER HEAD STREET

CARDIFF

CF10 4PB

 

Also, another point of interest I had a letter previously from McKenzie Hall asking if I was still living at my address, which I never replied to. Today i received a letter from them again stating they had checked with a credit reference agency to trace me and are now asking me to pay for an old Barclaycard debt for 1st Credit, which they are now acting for!! I can't believe it!

 

The history on the 1st credit debt is that I was paying it at £40 per month a couple of years ago until they wanted more money, which I could not afford, so they passed me onto connaught collections, who quite frankly were nasty ar**holes. I managed to pay off £1500 of the £4,400 debt paying the £40p/m, but have not paid since connaught got involved. It was quiet for about 1 year or so. Now they're chasing again through Mckenzie Hall.

 

What's the best course of action? Leave it until the court threats come through again and CCA? or CCA straight away?

 

Also, have Mckenzie Hall the right to check my details with a credit reference agency?

 

Many thanks,

 

iwcmd.

[cerberusalert]

had a letter previously from McKenzie Hall asking if I was still living at my address, which I never replied to. Today i received a letter from them again stating they had checked with a credit reference agency to trace me and are now asking me to pay for an old Barclaycard debt for 1st credit, which they are now acting for!! I can't believe it!

CCA MH, if they've got their grubby little hands on the a/c it's a fair bet there's little or no paperwork.

Also, have Mckenzie Hall the right to check my details with a credit reference agency?

If they've bought or been assigned the debt yes.

[MARTIN3030]

Thanks guys for all your helpful advice.

 

I had a letter back from Cabot stating they received my CCA request, but did not accept my £1 postal order payment! So, I will now wait to see what comes back..

 

I've heard nothing from halifax as yet regards my SAR request. Please could someone confirm I have sent my SAR request to the correct address:

 

 

HALIFAX CARD SERVICES

TERRA NOVA HOUSE

PIER HEAD STREET

CARDIFF

CF10 4PB

 

Also, another point of interest I had a letter previously from McKenzie Hall asking if I was still living at my address, which I never replied to. Today i received a letter from them again stating they had checked with a credit reference agency to trace me and are now asking me to pay for an old Barclaycard debt for 1st Credit, which they are now acting for!! I can't believe it!

 

The history on the 1st credit debt is that I was paying it at £40 per month a couple of years ago until they wanted more money, which I could not afford, so they passed me onto connaught collections, who quite frankly were nasty ar**holes. I managed to pay off £1500 of the £4,400 debt paying the £40p/m, but have not paid since connaught got involved. It was quiet for about 1 year or so. Now they're chasing again through Mckenzie Hall.

 

What's the best course of action? Leave it until the court threats come through again and CCA? or CCA straight away?

 

Also, have Mckenzie Hall the right to check my details with a credit reference agency?

 

Many thanks,

 

iwcmd.

 

 

 

 

 

Halifax Credit Cards are issued by Bank of Scotland plc.

Registered Office: The Mound, Edinburgh EH1 1YZ.

[harrassed senior]

You can check online to confirm that your CCA request has been received as it was sent by Recorded Delivery - Just go to the Post Office online

[iwannaclearmydebts]

Hi all,

 

Thanks again for your advice. i will get update this thread once i have news on the CCA request to Cabot.

 

Regarding Mckenzie Hall - they were trying to initially trace me for Cabot, but somehow stubbled across my old Barclaycard debt with 1st Credit. Anyway, i will make ready a CCA request to Mckenzie Hall, but should I do send this now or leave it awhile as they only think I live at my current address through the CRA?

 

regards,

 

iwcmd.

[MARTIN3030]

Entirely up to you.

The levels of info sharing these days,means that if they want to know your address for sure-they will get it.

[iwannaclearmydebts]

Hi guys,

 

I have now had a response from Cabot. The have sent me CCA information, however it is what they state as a 'reconstituted' version??

 

I have checked through the paperwork and all it looks like is a copied CCA form from the Halifax website or something. There is no details relating to me or anyone for that matter! It even has a blank signature box! Does this have any legal standing against me, because I can't see how??

 

The only thing that has my name on it is an additional piece of printed paper stating the debt and my printed name with a £20 payment against the account for 2008, which to me anyone could type out. Does this have any bearing on authenticating the CCA?? Again, I can't see how?

 

Should I now be sending some form of reply as they are stating the CCA supplied legally covers my CCA request and I now have 14 days to agree a payment plan or they can apparently take legal action i.e. CCJ etc?

 

Your thoughts on this would be greatly appreciated.

 

Many thanks,

 

iwcmd.

[Guest Cartaphilus]

Easiest thing to do would be to scan the agreement, remove ALL personal details and let someone here look at it.

[iwannaclearmydebts]

 

Hi Cartaphilus,

 

Please see attached documents taken on digital camera. Sorry the quality is not too good.

 

On investigating the forms the first one does actually state my full name and an old address (although I was never on the electorial role there?!).

 

There is addtional paperwork. but it is usual t&c's.

 

I hope this helps to determine how I deal with this situation??

 

Many thanks.

 

iwcmd.

[iwannaclearmydebts]

Sorry the pictures are not very clear, so I have added to photobucket. Please see the link below:-

 

http://s1088.photobucket.com/albums/i323/gaz180177/

 

I hope this helps?

 

iwcmd.

[Guest Cartaphilus]

Well, like you said ... mobile pictures. I suggested it in case it may become helpful. As I read it was an 11+ old agreement.

[Guest Cartaphilus]

Crossed post. Wait for someone else with more knowledge than me, but ... I was wondering looking at it quickly if that was just a blank agreement from 'now' or whichever/whatever is their latest looking one? Hope that made sense.

 

Also, I seem to have got some soap/washing power in my eyes, so hard for me to look at things, watering. Off my t-shirt I think.

[Guest Cartaphilus]

There is one thing, though, can you tell from those pages what year they were produced? Is there any indication, printed on them ... date or anything? So you can tell what year, whether or not it's what you would have completed when you opened the account? It's blank anyway, as you said.

[iwannaclearmydebts]

Hi Cartaphilus,

 

Thanks for your replies. Hope your eyes have recovered?

 

I've checked the paperwork and there's nothing relating to dates etc.

 

Just my name and old address on the first page of the agreement.

 

iwcmd.

[Guest Cartaphilus]

Yes, thanks, they're just about recovered now (if I keep remember to not rubbing my face with the top of the t-shirt) So, in other words, no way for you to tell what year ie 'reconstituted' from.