cabot barclaycard

[kev31b]

Hi i had a barclaycard from 1994/5 went into default about 2001 been paying back to barclaycard reduced payment until cabot took over in november so i cca them and sar barclaycard getting no respone from either only thing come back from cabot is we are waiting for paperwork so i sent letter to say they cant enforce debt, they have now entered on my credit file the debt (can they?) and are demanding payment , what i want to know is what is the score do i not pay them can i make them take of my cra file or do i offer them silly reduced final one payment to close this matter please someone help i enclose there lastest letter.

20120314080804119.pdf

[silverfox1961]

Hi

was this debt originally defaulted in 2001?

If so, Cabot cannot register a second one

[BRIGADIER2JCS]

They are right the only ''restriction' resulting from no CCA is

the inability to enforece on court all recovery processes short

of that can continue.

As to the CRA entry as Cabot now own the debt they are obliged

to update the CRA files with their detail BUT the original default date must

not be changed.

[kev31b]

The start date is when the account opened with barclaycard 16/05/1996 i dont want my cra file ruined can i offer them a full & final settlement as they cant prove the debt

[BRIGADIER2JCS]

When was the last payment or written acknowledgment?

[BRIGADIER2JCS]

Check your credit reference files

To see if the debt shows asap.

Knowing Cabot a F&F will lead to

only a partially settled entry but

tis MAY not even be on your files.

[kev31b]

Check your credit reference files

To see if the debt shows asap.

Knowing Cabot a F&F will lead to

only a partially settled entry but

tis MAY not even be on your files.

 

having checked cra it looks like cannot have just done a name change from barclays to cabot as it says account opened in 16051996 cabot took over in Nov 2011 please advise what to do

[BRIGADIER2JCS]

There should be a default date a very long time before Nov 11.

If not they are well out of order.

[kev31b]

Hi,

 

Am a little bit annoyed of the advice i keep seening pop ref cca requests and non enforable agreements , If the dca does not provide you with the requests it justs means they cant chase you full payment or take back goods etc but they can effect your credit and take you to court if you dont pay i feel that a lot of advice is misleading below is statment of the OFT website ref nonenforable agreements.

 

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor:

• cannot:
  - make the debtor pay the debt before they're supposed to
  - get a court judgment against the debtor
  - take back anything hired or bought on credit, or take anything used as security in the agreement.
  
• can:
  - ask debtors to pay what they owe
  - send a default notice
  - pass information on to a credit reference agency
  - pass information on to a debt collector
  - sell the debt to someone else
  - take the case to court.
  

your views

[BRIGADIER2JCS]

1. No CCA debt cannot be enforced in court.

2. The debt can be pursued short of court action.

3. As to goods etc on HP this depends how much

has been paid so far, action dependant on this.

4.Can update credit files (required to do so)

5 Can sell or assign the debt at any time.

Failure to supply a CCA the restriction is only

that of inability to enforce in court, the debt still

exists and remains payable.

What is it you find annoying??

The time scale is 12+2 days.

[DonkeyB]

If you have been paying regularly, do NOT stop the payments. Keep them up. This is important. The lack of CCA response DOES NOT mean that legally you can stop paying, it just means that the account will remain unenforceable until a compliant CCA is produced.

 

If you keep up an agreed payment plan – and why shouldn’t you, as you agreed with Barclaycard that you owed money? – and Cabot take any enforcement action, you will be in a position to claim estoppel.

[alangee]

I was looking through the ICO technical guide on defaults and at section 21 - an arrangement to pay, on page 11, the point is made that:

 

"If a customer fails to return to contractual payments after an ‘arrangement to pay’ has expired, then the lender can file a default immediately, as long as this would not place the customer in a worse position than they would have been in, had they not made the arrangement." (my emphasis)

 

I do not know if this has been added to the updated version of the technical guide, or whether it has always been there, but possibly a point to complain about to the ICO, if a default marker has been placed.

 

Sorry I do not have a link for the guide, but it is on ICO site.

 

Alan

[BRIGADIER2JCS]

Sometimes it is better for the debt to be defaulted prior to

entering into an arrangement to pay as a later default will

place the debtor in a worse position as the default will be

active for six years from the date of the arrangement to pay.

The obvious advantage is that the default will be removed earlier.

[fightingback99]

If you have been paying regularly, do NOT stop the payments. Keep them up. This is important. The lack of CCA response DOES NOT mean that legally you can stop paying, it just means that the account will remain unenforceable until a compliant CCA is produced.

 

If you keep up an agreed payment plan – and why shouldn’t you, as you agreed with Barclaycard that you owed money? – and Cabot take any enforcement action, you will be in a position to claim estoppel.

 

Think the OP has already stopped payments? My OH has an account in exact same position. I'm not sure Estoppel is of any use here, or clear cut. Barclycard sent a letter about sale of account and wrote 'no formal arrangement is in place according to our records , (Been making same token payment for years) but as you have been making token payments of £x for years , this arrangement will continue for 6 months, at which point Cabot will negotiate with you. At that point Cabot have a free hand .

 

Sit on top of Barclaycrd till they come up with all your SAR records. Their notes might reveal the account being defaulted and that they should have marked the CRA file back then. You can also complain to ICO the marker should have been placed years ago. From what I've read they rarely show never mind use their teeth, but worth a try.?.

 

If you've already stopped payments you might be as well to wait until Cabot come back with your CCA copy. As your account was opened so long ago, Cabot should have to produce an original agreement copy, not a reconstruction to win a court case. Barclay might struggle to come up anything for Cabot , other than a ' it would have looked like this' job.

 

But Cabot are tricky and judges can be too. To defend a court case, you need to be well researched and able to argue your case law etc. Some of us aren't able to do this and get gubbed in court but others have done it successfully and won.

[rebel11]

Heres further info from the OFT,

 

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE