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Cabot/Senior Recoveries Manager/halifax creditcard debt


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So, can anyone suggest my next course of action with this?

 

I have been reading another post relating to CCA request for Halifax and people have suggested disputing some terms on the reconstituted version that may not be on the original or vice versa. Can I use this to dispute my case?? If so, can someone suggest information, which I should have on the CCA for me to check against?

 

Many thanks for your help and support.

 

iwcmd.

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Any reconstructed agreement must be an exact copy of the original

 

if they had that

 

why send a reconstructed one

 

if it is not an exact copy, the creditor has not complied with your s.77 to s.79 request and the account is now in official dispute

 

carey judgement is a load of crap

 

so play by the rules dca,

 

just like we have to

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I saw that the T&Cs are dated-but cant quite make out.

This is right at the bottom of the page on the r/h side.

Can you check all the pages and see if they have the same date in this area ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi MARTIN3030,

 

The number at the bottom r/h side is not a date as such. It's actually this number:

 

F10/TC/0308

 

It appears on 2 pages only the main t&c's end page and the Credit Card Repayments Cover - Policy Summary page.

 

Does this mean anything??

 

Also, should I be sending an account in dispute letter in reply and if so, does anyone have a good idea of how to word my response?

 

Many thanks.

 

iwcmd.

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Yes the 0308 means March 2008

 

So are years out from the T & Cs that would have applied to your original agreement.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin3030 and anybody else reading my thread,

 

Can you suggest how I deal with the reconstituted CCA I have received from Cabot? Should I try sending an account in dispute letter regarding T&C's date?? Or look for something else that maybe an issue with the reconstituted version?

 

I have 14 days (now about 4 days) to contact Cabot with my payment proposal according to their letter because they have in their eyes complied with my CCA request??

 

What should I do? Push for the orginal CCA or make a payment proposal?

 

I really appreciate any advice on this matter.

 

iwcmd.

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  • 2 years later...

Bump.

 

Hi all,

 

Its been just over 5 years since I acknowledged this debt to Cabot,

however today I got a letter stating their numerous attempts to contact me has not worked,

so they will be taking further action to recover the debt if I do not contact them.

 

DAMN!

 

So, the only course of action I can think of is to CCA request them and SAR request them to 'keep the ball rolling' and see what information turns up?

 

Any comments on this would be appreciated.

 

Are they likely to take court action on a debt this old for around £4.5k?

 

Many thanks,

 

iwcmd.

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  • 3 weeks later...

Hi all,

 

Once again cabot are on my case!

 

I received a letter about 3 weeks ago stating I had not returned correspondence to them regarding the debt

 

(its been 5 years 2 months since I made a foolish payment!)

and they would look at taking further action if I did not contact them, so I re-requested the CCA.

 

A day or two ago I have received a reconstituted credit agreement (again) and now need to decide a plan of action for handling this.

 

If anyone can advice the probability of pushing unenforceability on t & c's or something it would be greatly appreciated.

 

Or,

am I looking at an enforceable debt and is it likely to go to court with Cabot?

(which I want to avoid court action as its been a hard slog cleaning up my credit file!).

 

Many thanks all.

 

iwcmd.

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is this on your CRA file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I see from post 1 this is not on your credit file so it's a case of keeping Cabot of your back for another 10 months till its sbd.

 

When Cabot replied to your CCA request did their reply include a true & accurate copy of your original agreement

including the correct address at the time of application, copies of (some) documents mentioned in the agreement,

t&cs as varied together with a signed statement (by Cabot) of the account.-

all supplied in one reply, not in dribs and drabs?-

 

if they did you need to examine the t&cs , wrong penalty charges at the time you started your agreement,

phone numbers that could not have been in use in those days, interest rates that did not apply at the time of your agreement etc etc.

 

You have to question why Cabot sent you a recon rather than a copy of the original

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Hi guys,

 

Thanks for your input on this.

 

Indeed, my credit file has no adverse history on it anymore and all my current financial liabilities are up to date.

 

Regarding the letter I received back from Cabot it states the enclosed docs are copies of their response to my cca request back in 2010, however these documents contain the following:

 

- Paragraph - 'This is a copy of your agreement'

- Paragraph - Halifax credit card conditions of use

- A previous address, however not the original address where I lived when the application was done.

- One set of Interest rates on balance transfers, cheques, cash advances and purchases etc.

- no other interest rate information.

- No signature

- no credit limit

- no statements (or only the cabot printed statemet on the silly payment I made to cabot underpressure in 2008)

 

The cover letter goes on to say:

 

'We confirm we have already sent a recon true copy of your cca in 2010 and for the avoidance of doubt complies with the consumer credit (cancellation notices and copies of documents) regulations 1983 and therefore complies with the obligations set out n section [77 -78] of the consumer credit act 1974.

 

I have shortened some of the above sentence words.

 

Also, interestingly they do not ask for payment or get back in contact in XX amount of days, which I find weird? Just the standard ' if you have any further queries, do not hesitate to contact me'

 

 

Any ideas of help on how to handle this will be really appreciated.

 

Many thanks.

 

iwcmd.

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well pers if cabot have not requested a reply, in order to buy further time,

I would wait for their next letter which requests a reply before responding.

 

Then head your letter that you do not acknowledge any debt to them,

and simply say you have reviewed the documents that they supplied in response to your s78 request

and you can assure them that the recon agreement that they sent you is NOT A TRUE copy,

 

and therefore does not comply with your cca request (do not tell them why leave them to work that out-.

 

The reason it is non compliant is that it does not contain your address at the time of application,

 

so cant be a true copy as per the carey judgement)-there may well therefore be many other differences as well

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I have had a barrage of letters ask for payment etc,

 

advising the possibility of warrant of executionlink3.gif 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.

 

That paragraph is a huge no no for a DCA to say..

full of I want my money now,

 

use their rules against them stating you need to investigate their claims and may take up to 56 days for each and every letter they send to you,

 

if they persist in harassing you will report them,

 

use their timescale and then drag it out even further,

 

since it is close to being statute barred

but up to you,

 

then towards the end throw in the dispute letter

 

then any others you have to,

 

as you have said you need 56 days to check it out don't let them bully you anymore ok

 

Thx MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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  • 9 months later...

Hi All,

 

Been some time since I posted here.

 

Cabot have been sending the basic 'you owe' letters every 3 to 4 months, however today I've received a notice of arrears 'statement' with reference information about financial conduct authority.

 

I have not paid anything to them or acknowledged the debt since being tricked into paying back in August 2008.

 

My question is I have 2weeks until statute barred, so in anyone's experience with Cabot should I be extra worried or expect any sudden court action to be taken or is this just another way of trying to make me contact them?

 

I'm hoping to send a final do not acknowledge letter in 2 weeks and stating it is also past the statue barred limit.

 

Any advice is much appreciated.

 

iwcmd.

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by the new FCA rules they have to send that

it doesn't mean they are upto anything

 

once its SB let them wonder

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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by the new FCA rules they have to send that

it doesn't mean they are upto anything

 

once its SB let them wonder

 

dx

 

 

Thanks DX for the fast reply.

 

Would it still be worth sending some sort of letter to them after SB date stating statute barred, so they confirm it back to me?

 

I'm visiting my parents during the SB date, so thinking to prepare a letter and send recorded delivery while I'm away.

 

Any thoughts or comments are much appreciated.

 

All the best

 

Iwcmd.

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you could but it might open up letter tennis

 

the only time you really should send the SB letter

is in relation to confirmed threat of court action

 

not an if/maybe letter

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you could but it might open up letter tennis

 

the only time you really should send the SB letter

is in relation to confirmed threat of court action

 

not an if/maybe letter

 

dx

 

Thanks again for coming back to me on this.

 

I understand what your saying. Best not poke the ashes to end up restarting the fire.

 

I know I'm nowhere near some of the peoples situations on here, although I'm still nervous as the SB approaches wondering if Cabot will do something devious.

 

With CAG support I've gone through some really tough times - ccj's, pressure and stress from multiple DCA's (almost giving into going bankrupt) and managed to come out the other-side clear credit file, able to get credit again and now even considering moving house next year!

 

Anyway, long story short this site has helped me more than i can say.

 

Keep up the good work and I keep my fingers crossed for the future with Cabot.

 

iwcmd.

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Morning all,

 

Been thinking about this and would I get a threat of court action before any proceedings ?

 

Basically what is the likelihood of going straight from maybe/if letters to court papers without notice?

 

The waiting game is so agonising !

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Morning all,

 

Been thinking about this and would I get a threat of court action before any proceedings ?

 

Basically what is the likelihood of going straight from maybe/if letters to court papers without notice?

 

The waiting game is so agonising !

I Cabot were going to act I think it would have done so some time ago.

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