Cabot bought unenforceable debt

[paulwlton]

The section 78 request allows them to provide a reconstituted document so once they have done that they continue to demand payment, make threats and so on. My aim is to get rid of them.

 

As stated earlier may be a full and final offer to settle?

[Desperate Daniella]

Which would be good if you can afford it and if they would actually agree to clean up the credit files. But some of us can't and won't be able to do so in the foreseeable future.

[renegadeimp]

Why make a F&F if the debt is unenforceable as said in the original post? I can see your point paul, but if the debt is not able to be enforced, why waste the money when it can be spent on better things?

[paulwlton]

Why make a F&F if the debt is unenforceable as said in the original post? I can see your point paul, but if the debt is not able to be enforced, why waste the money when it can be spent on better things?

 

Just depends on ones curcumstances. The person may need a clean credit file for needed loan so, full and final with credit file scrubbed could be negotiated. Alternatively fingers crossed creditor doesn't issue proceedings and obtain judgment due to incompetent DJ.

 

Could allways bat it out until stat barred.

 

What are you actually seeking to achieve?

[renegadeimp]

Oh i agree. But with cabot, it is very very unlikely they will agree to removing the entry on the file. They'ré not stupid either. They know that the debt is unenforceable, and after continued harassment, if the debtor offers a F&F, they will know they have a gullible cashcow on their hands. If the DJ is incompetent, they can always appeal the judgement quoting various regulations and cases.

 

Of all the posts on these forums and the other 2 big forums, there are not many instances at all of a DCA winning a claim against a debt where the paperwork needed to enforce it no longer exists. The ones that were won by the DCA, were either default judgements or the debtor had a woefully unprepared defence.

[Desperate Daniella]

Also, if you offer a full and final, couldn't you be seen to be admitting the debt?

[paulwlton]

Oh i agree. But with cabot, it is very very unlikely they will agree to removing the entry on the file. They'ré not stupid either. They know that the debt is unenforceable, and after continued harassment, if the debtor offers a F&F, they will know they have a gullible cashcow on their hands. If the DJ is incompetent, they can always appeal the judgement quoting various regulations and cases.

 

Of all the posts on these forums and the other 2 big forums, there are not many instances at all of a DCA winning a claim against a debt where the paperwork needed to enforce it no longer exists. The ones that were won by the DCA, were either default judgements or the debtor had a woefully unprepared defence.

 

Believe me there has been several cases where the creditor has enforced without requisite. One particular case I remember was that the borrower was asked to cut the credit card up and dispose of but actual just sent it back to the creditor (AMEX). When the case went to court the Claimant used the signature on the card as evidence as the paperwork didnt contain any signature......TRUE!!!!!

[fletch70]

Can you expand on "poor knowledge"

 

I was in close contact with the leading solicitor in Carey (post Wacksmam) and had lunch on various occasions. It is telling that the solicitor is now bringing claims against borrowers as opposed to issuing against the creditor.

 

BTW I've been succesfull in the county court defending a credit card claim.......

 

So you were in contact with Emma Careys solicitor?

Maybe it is telling that he now works for claimants.

The law is quite clear about what is enforceable and what isn't. If the agreement doesn't contain the prescribed terms and is not a true copy of the agreement it is UE.

Of course these were the days where debtors tried to claim agreements were UE rather than defending.

There is no shame in admitting a ccj many of us have done it in the days before we knew better.

[Desperate Daniella]

I remember that Amex case. Never, ever send your card back.

[MrSponge]

Just depends on ones curcumstances. The person may need a clean credit file for needed loan so, full and final with credit file scrubbed could be negotiated. Alternatively fingers crossed creditor doesn't issue proceedings and obtain judgment due to incompetent DJ.

 

Could allways bat it out until stat barred.

 

What are you actually seeking to achieve?

 

I just wanted to try and get the Default removed. The idea being if they don't agree they wont get any money. If they do, I could offer them something.

 

Is it possible they could take this to court? As said they were sold the debt without any CCA (which doesn't exist because I asked barclaycard for 8 months and they were unable to produce it), and the Credit Card is from 1998.

[renegadeimp]

It is very very rare that a default would be removed. As already advised, you can negotiate the removal, but the creditor doesnt have to take notice, unless the default was added in error.

[paulwlton]

So you were in contact with Emma Careys solicitor?

Maybe it is telling that he now works for claimants.

The law is quite clear about what is enforceable and what isn't. If the agreement doesn't contain the prescribed terms and is not a true copy of the agreement it is UE.

Of course these were the days where debtors tried to claim agreements were UE rather than defending.

There is no shame in admitting a ccj many of us have done it in the days before we knew better.

 

No they were in contact with me. As for the CCJ RBSs agreement was enforceable it was what they did post judgment that was naughty. Anyway I met with RBS executives at the House of Commons to sort that little problem out in 2009.

 

There's plenty of ways to fight a claim.

[paulwlton]

It is very very rare that a default would be removed. As already advised, you can negotiate the removal, but the creditor doesnt have to take notice, unless the default was added in error.

 

I spoke with Barclays legal and they agreed to remove default data upon settlement.

[Desperate Daniella]

Please don't do anything until someone answers my question - post 56. If you admit the debt and don't settle, the clock might start the six years again from that date.

 

I don't think they will take you to Court simply because it appears they haven't got the paperwork. I don't think you have heard from them for two years. Is that right?

 

Unless you simply have to clean up your credit file (and they may not in any case remove the default) I would let sleeping dogs lie and hang on for the next two years.

[renegadeimp]

Did you get that in writing paul? barclays are well known for saying one thing and then claiming it was never said.

[MrSponge]

I spoke with Barclays legal and they agreed to remove default data upon settlement.

 

That's interested. The only thing is that Barclays has sold the debt to Cabot (although there was no CCA).

[MrSponge]

Please don't do anything until someone answers my question - post 56. If you admit the debt and don't settle, the clock might start the six years again from that date. From what has been said on this thread the clock starts from the default first registered date.

 

I don't think they will take you to Court simply because it appears they haven't got the paperwork. I don't think you have heard from them for two years. Is that right? Yes 2 years

 

Unless you simply have to clean up your credit file (and they may not in any case remove the default) I would let sleeping dogs lie and hang on for the next two years.

 

Please see response above in red

[paulwlton]

Also, if you offer a full and final, couldn't you be seen to be admitting the debt?

 

If its in writing.

[Desperate Daniella]

Yes the clock starts on the default registered date, but I'm almost certain there is something about the clock starting again if you deny the debt for years, and then admit it. It is something that has been mentioned on the forum many times.

[paulwlton]

Did you get that in writing paul? barclays are well known for saying one thing and then claiming it was never said.

 

I had a long chat and was given assurance that the next time Barclaycard updated my credit file the adverse data would be deleted. I needed a clean credit file at the time.

[paulwlton]

Yes the clock starts on the default registered date, but I'm almost certain there is something about the clock starting again if you deny the debt for years, and then admit it. It is something that has been mentioned on the forum many times.

 

An aknowledgment doesn't effect the default date it resets the clock pursuant sec 5 LA 1980 in other words the stat barring date would be 6 years from the last payment or aknowledgment.

[Desperate Daniella]

According to the CAB website, a creditor has six years to take action to recover a debt. The six years starts from your last payment "or when you last acknowledged you had the debt."

[Desperate Daniella]

So, if you approach them saying you want to make a f&f, are you thereby acknowledging the debt?

[renegadeimp]

So, if you approach them saying you want to make a f&f, are you thereby acknowledging the debt?

 

 

[paulwlton]

So, if you approach them saying you want to make a f&f, are you thereby acknowledging the debt?

 

Yes if its in writing