Jump to content



Please note that this topic has not had any new posts for the last 2789 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Allison,you have my deepest sympathy. Losing family is never easy and particularly when they are young. It can take a long time to get it together .

Any opinion I give is from personal experience .

Link to post
Share on other sites
  • Replies 114
  • Created
  • Last Reply

Top Posters In This Topic

Hi folks.

So one school of thought is that Goldfish should have issued the DN before selling the debt and that Cabot can't. The other is that as long as Cabot have bought the debt then it is up to them to issue the DN if they so desire? At the moment I am awaiting both the SAR from Goldfish and the CCA from Cabot so I am not paying anyone. Without splitting hairs (Please) which is the correct way and where do I research the correct the right procedure?

Link to post
Share on other sites
So one school of thought is that Goldfish should have issued the DN before selling the debt and that Cabot can't.

Yes that is how I see it.

 

The other is that as long as Cabot have bought the debt then it is up to them to issue the DN if they so desire?

I've never heard of this, I just cannot see in anyway this would ever be legal, for the account to be sold on, it must be defaulted first, and defaulted by the OC, otherwise any enforcement process that is attempted to be carried out can be defended, as you have never been given the opportunity to rectify the default in the first place. Whether it has been sold on or not, the OC has the responsibility to act responsibly with your account, they can't just decide to flog it on and let someone else do their dirty work.

 

I'm thinking that if they are doing this, then they are going to be in breach of COBS..

http://fshandbook.info/FS/html/handbook/COBS/2/1

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!

 

 

Link to post
Share on other sites

I can honestly see no reason why cabot as owner can not default you,unless you were defaulted by goldfish.

Once the 12+2 working days are up they are in default of your cca request and can not enforce until they provide one. Even if they provide one i would then be using cputr 2008 to ask if they have the original. Without the original they are in difficulties.

One step at a time.

 

You could try asking national debt line or one of the decent free legal sites out there.

Any opinion I give is from personal experience .

Link to post
Share on other sites

DCA's don't issue defaults, they might claim that you have broken the agreement, but that's just it, an agreement, there is no written contract between a debtor and DCA, they simply cannot issue DN's.

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!

 

 

Link to post
Share on other sites

Big difference of opinion. I would just say that the right to assign the debt at any time is usually in the terms and conditions. That'd how we got into this mess in the first place with banks selling piles of toxic debt.

I really am sorry BB but where does it say an account can not be sold.

Any opinion I give is from personal experience .

Link to post
Share on other sites

Start a new thread fletch, I'll discuss it on their.

 

Right to assign yes, it's in the T&C's, the issuing of DN's is done by the OC and not the DCA.

 

Again this can be defended using COBS. 2.1

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!

 

 

Link to post
Share on other sites

Last comment on this. Cabot are a debt purchaser not a straightforward dca. I suspect it will be largely irrelevant anyway as i am hopeful no cca will be forthcoming.

Any opinion I give is from personal experience .

Link to post
Share on other sites

unless YOU made a written agreement with cabot to pay

£XXPCM to them, then they cannot issue a DN.

 

end of.

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... 

Link to post
Share on other sites

Hi dx.

I don't recall ever writing anything down with Cabot. I think it was all done over the phone but can't be certain. Is it worthwhile SARing them, considering the outstanding CCA request?

Link to post
Share on other sites

Dx doesn't an absolute assignment include all the rights duties responsibilities etc etc. So if the arrangement was made with goldfish would it not carry on?

Any opinion I give is from personal experience .

Link to post
Share on other sites
Hi dx.

I don't recall ever writing anything down with Cabot. I think it was all done over the phone but can't be certain. Is it worthwhile SARing them, considering the outstanding CCA request?

 

no judge would hold you to any agreement made on the phone

 

it was done under duress and threats

when they [obv because they hold no CCA] have no right to even demand the money.

 

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... 

Link to post
Share on other sites

in post 4 you say the debt is defaulted what is the default date on the debt summary please?

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... 

Link to post
Share on other sites

Cheers Fletch, was just about to post the info. I woke up in the middle of the night and thought that if they haven't got the CCA, how can they say I am breaking the agreement?

Link to post
Share on other sites

SO to summarise.

 

Goldfish 'sold' the account in Apr 08..... Then you received a DN in Oct 08, off Cr@pbot..

Edited by Bazooka Boo
Typo!

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!

 

 

Link to post
Share on other sites

Any chance you are able to scan and post the DN up on here?

 

Please ensure you remove ALL Identifiers, bar codes, ref numbers, QR boxes etc, just leave the content of their missive and the dates. If you remove the figures, can you say what they claim the arrears outstanding are, and how much they expect you to pay to rectify the account..

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!

 

 

Link to post
Share on other sites

OK, both those uploads are of the same DN...(Oct 08)

 

Did you upload the NOA?

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!

 

 

Link to post
Share on other sites

That seems to me to be a perfect complaint re: COBS/BCOBS..

 

Goldfish have acted very unfairly here, to simply send you a letter stating they were passing your account to Cr@pbot doesn't seem right to me?

 

Did they not send you anything else prior to this NOA?

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!

 

 

Link to post
Share on other sites

Hi people,

I am not the worlds greatest record keeper so I am waiting for SAR from Goldfish. Was in the middle of really depressing time for both me and OH, due to events beyond our control, so I couldn't say with any honesty that Goldfish didn't send any stuff.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...