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Hi folks,

Still waiting to hear back from Goldfish ref SAR. They sent original request back saying no cheque enclosed. They were correct in that it was a P.O.(Made out for SAR use only) Still trying to find out if the PO was cashed. Not too sure of the correct procedure on disputing this but will wait and see what I get back first. Also why can't Cabot issue the DN?

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I honestly do not see the issue of assignment in April but default the following Oct. If it is suspect,why?

 

Lots of accounts are sold during their lifetime.

Any opinion I give is from personal experience .

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The issue being that it is the original creditor (OC) who issues the default notice as it is them who have the contract.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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But surely if the debt has been assigned then Cabot hold it and can default and enforce.

If what you say is true, once a contract has been sold it can not be defaulted.

Any opinion I give is from personal experience .

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That is what I'm saying yes.

The account will have been defaulted prior to any DCA getting their mits on it.

 

Assignment means nothing, unless they have bought the account and all the rights to it under the law of property act, then they can do zero.

 

The OC will issue a DN, then when the DN fails to be rectified they attempt enforcement, if they fail they either assign it to a powerless DCA to collect on their behalf, or they will sell it in a portfolio of other toxic debts.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi folks.

The notice of assignment does say that Goldfish has sold and assigned the credit agreement, so I take it that Cabot can issue the DN as they now own it. I am still awaiting the CCA.

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Indeed in this case it seems it is an absolute assignment in which case all is in order. Santan did that to a small one of mine prior to default. It went to CL finance.

 

The secret is i think reading the post and documents.

 

It could be th assignment is invalid as it is supposed to be delivered by either signed for it special. That error may be classed as de minimus however.

Any opinion I give is from personal experience .

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IMO this is in serious dispute then, they have failed to follow the normal protocol.

 

The OC will submit the DN, giving a length of time, (usually 14 days) in which to rectify the account.

They, the OC, can then demand the full balance immediately, sell the account to a DCA. or bring court action, the 'creditor' can only carry out these actions AFTER the account has been defaulted.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Indeed in this case it seems it is an absolute assignment in which case all is in order. Santan did that to a small one of mine prior to default. It went to CL finance.

 

The secret is i think reading the post and documents.

 

It could be th assignment is invalid as it is supposed to be delivered by either signed for it special. That error may be classed as de minimus however.

NOAs are sent by normal post!!

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Yes they are Brigader but if you read LPA they should be sent by a more formal matter.

 

BB i am still confused. You say they have not followed the normal protocol however i believe that they have still acted correctly. Now if the default notice was remedied. Cabot would have had a problem as they would have had to put the account back to its normal status.

Any opinion I give is from personal experience .

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If a default sum is paid after expiry of the time period allowed it does not remedy the default.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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As far as I see it,

 

The OC needs to issue the DN, how does the OP know the account is in default if the OC fails to issue a DN, and simply passes it on to a DCA to default and start collection activities?

 

The OP has now been seriously disadvantaged by these action, as they may have been able to rectify the account prior to the sale of it.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Brigader yet again you either misread or misunderstand what i am saying.

As we do not know the circumstances prior to the assignment we can ignore that at this point.

So there is a credit card with an arrangement to pay, a default notice is issued, if that default is remedied prior to the end of the 14 days from service the account goes back to how it was prior to the default. If the OP then manages to pay all the arrears he should then have a functioning credit card which cabot do not have the facility to provide. However goldfish may have altered or cancelled the agreement as is their right set out within the terms and conditions prior to the assignment.

Cabot could do exactly the same.

 

BB exactly the same argument follows for your questions.

Any opinion I give is from personal experience .

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What argument?

 

I'm simply offering advice, the OP can choose to heed or it ignore it.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Argument as in both sides of the argument. You laid out your opinion and i laid out a different one. I believe mine has more credibility whereas i suspect you believe the reverse.

It suspect however that some people are splitting hairs in order to attempt to score points as i know they are far more intelligent than they have appeared on this occasion.

Any opinion I give is from personal experience .

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I agree some ''people'' are splitting hairs and merely posting to contradict Caggers like Bazooka Boo who has a wealth of experience!!

 

BTW there is no going back to the position ''prior to the default'' because if the DN is remedied in time there is no default anyway!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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What argument?

 

I'm simply offering advice, the OP can choose to heed or it ignore it.

 

Good advice it is to!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I'm in very similar situation with Cabot but been paying over two hundred quid pm for years ....sent dispute letter when noo coca sent and got a letter back actually stating that the account activity has ceased until such a tome they can provide the coca please see my thread I,very now stopped all payments and i.,m gonna ignore them as from about 1997 and so no coca no pay

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been paying over two hundred quid pm for years
Now that is verging on extortion! Thank god you have stopped filling their pockets, I strongly doubt that any of that money you paid has even gone towards their claim that there is a debt...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Are you getting statements, do you know exactly how much you have paid.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Sorry about typo's I'm doing this on phone lol yes we have been paying quite a few credit card debts way more than we can afford since 2010 ....an awful year as we lost my younger brother very suddenly aged just 33, three more bereavements and a failing business so not our best year and I was bullied into the payments out of fear of loosing our home and lack of knowledge.....much stronger now and fighting all the way x

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Yes know all that I have paid Cabot have noo coca so ignoring them at moment but have two accounts with mbna and have just offered them small full and finals due to having paid off about 60 percent of the original debt so fingers crossed

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Ohh I'm sorry for your loss, my wife lost her younger sister at the age of 27,it thows every thing out of focus for a long time!!

 

Please make sure that you are not paying any of these sharks more than is absolutely necessary!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Good luck with the F&F make sure you state it's made on condition the remaining balance is not sold on.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I agree some ''people'' are splitting hairs and merely posting to contradict Caggers like Bazooka Boo who has a wealth of experience!!

 

BTW there is no going back to the position ''prior to the default'' because if the DN is remedied in time there is no default anyway!!

 

Now that really is splitting hairs. I think you need to have a read. I was offering a different a valid viewpoint that it is acceptable in law to sell a non defaulted debt. As such the argument that it is invalid or wrong is hogwash.

 

The problem here seems to be that some people think they are never wrong do they brigadier. Lets not talk about tenancies shall we.

Any opinion I give is from personal experience .

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