Cabot chasing halifax loan

[tfsmat]

Hi All,

 

New to the forum and first post!

Hope its in the right place

 

Basically took a loan out with Halifax for 10K in 2004.

Mis-sold PPI etc and defaulted in 2007 on the loan.

 

Cabit got hold of me in 2009 and said i owed it to them etc and i panicked (because of the ridiculous threats to court etc), arranged a payment plan with them and here we are today.

 

I recently looked into the PPI claim and contacted Halifax but they have no record of me and suggested i stopped paying cabot until they provided evidence that i owed this loan in the first place.

I wrote them a letter asking them to provide documentary evidence for this alledged debt to which i am still waiting for. The phone calls continue every hour practically.

 

Have i done the right thing and is their anything else i can do to contest this debt??

I cant find this on my credit file for the last 6 years either.

 

Brgds Mat

[dx100uk]

Correct

Cca therm

 

Sounds qlike you've been. Cash cowed

 

Dx

[tfsmat]

Cheers for fast reply Dx,

 

Three Questions;

 

1). Can they enforce further action without providing original signed agreements etc??

 

2). Is their a deadline in which they have to reply to me?

 

3). If they dont reply at all do i simply ignore the letters/calls.

 

Thanks!

Loving the term cash cowed...just googled it.. Feel like a fool!!

[Bazooka Boo]

1) No they can't, less for sending you begging letters.

 

2) Yes 12+2 working days (send recorded del)

 

3) Yes you do, whether they respond or not all DCA letters can be ignored, they are utterly powerless!

[tfsmat]

No wonder they keep asking me if i would like to claim the PPI back on this with them!!!

 

By the way, because i defaulted on this loan does that mean i cannot complete a PPI claim?

I remember distinctly the agent at halifax advising me i could only have the loan if i took the PPI.

So definately mis-sold.

[allison6564]

I too have the experiance of Cabot..

.old cities card that went to opus in 2010 then Cabot a month after.

 

Like you I was panicked into a payment arrangement..

..one that I couldn't afford and subsequently have a huge overdraft because I paid.

 

Jan this year stopped payments and sent them a coca request.

 

Got letter back saying it would take them 40 days etc.

 

After 14 days I sent account in dispute letter and then got a letter back saying all activity had ceased until they get the coca from original lender.

 

Mine was taken out in about 97 so don't think their going to get one.

 

As far as I'm now concerned this one is closed and I'm mad that I've paid them about 4 k plus since 2010 when my problems started.

 

Stop your payments if your making any and cca them. Check out my thread for more detail .

[tfsmat]

Thanks for the advice Allison!!

I too feel like a fool but at least that has stopped now.

Quite loking ofrward to taking them on with the phone calls now.

[ncm-000]

The general advice here is NOT to engage the DCAs in phone calls, they are well practiced in their technique and unless you have a top class baristers education they will probably get the better of you. They will almost certainly record all the calls and try to trap you into saying something you will later regret.

 

I think you shoule heed the advice of the 'big guns' and send a letter from the CAG Library telling them to cease and desist with the phone calls.

[allison6564]

Yes you have to let them know to correspond in writing only.

..gives you time to check things out before you reply too.

 

Also you will then have a paper trail.

 

Back in 2010 when all my problems started I was constantly harrased by calls and ended up commuting to things I shouldn't of done .

 

..I have got quite a lot of debts though.

 

It really made me I'll and I'll not let that happen again.

..now I look forward to the postman instead and 'think' about my responses

...mostly after checking on here first lol

[theoldrouge]

No wonder they keep asking me if i would like to claim the PPI back on this with them!!!

 

By the way, because i defaulted on this loan does that mean i cannot complete a PPI claim?

I remember distinctly the agent at halifax advising me i could only have the loan if i took the PPI.

So definately mis-sold.

yes your fine to reclaim your PPI +int. Do you have the original agreement?If so do spreadsheet, fill in fos questionaire and send with covering letter to Halifax

[tfsmat]

yes your fine to reclaim your PPI +int. Do you have the original agreement?If so do spreadsheet, fill in fos questionaire and send with covering letter to Halifax

 

I don't have the paperwork that's the only problem

[theoldrouge]

SAR request + £10 postal order to Halifax, if loan default was 2007 Halifax should def have the paperwork

[ncm-000]

yes your fine to reclaim your PPI +int. Do you have the original agreement?If so do spreadsheet, fill in fos questionaire and send with covering letter to Halifax

 

You might want to hold on and wait for one of the 'Big Guns' to give you advice before starting your PPI claim.

 

I think there are a few wrinkles you may need help with (way out of my league to assist you).

But better safe than sorry. You could inadvertently open a can of worms.

[dx100uk]

yep cca them

 

and get reclaiming

 

get the sar off to haliprats too.

 

dx

[Bazooka Boo]

Wait for their reply to your CCA request (12 + 2 days) failing which they get this http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

Along with this http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Keep a diary of events, record all phone calls with a view of reporting them to the police for the criminal offence of harassment, mark all their missives with the date you received them on.

 

Stay OFF the phone, only deal with this in writing.

[tfsmat]

10Apr2013...reply received from Cabot (after i requested the original signed agreement)..

 

Dear Mr,

Your Query.

We have duly noted the information you have given.

 

Due to the age we are unable to obtain a copy of the credit agreement. However, halifax did advise us that this account was opened in your name on 16Mar2004 and did not default until 16Mar2005 with a balance of....

Statements would have been sent to you at your previous address while the account was open.

Halifax have advised there was no dispute raised at this time.

 

You shall note that your have previously made payments to cabot towards the outstanding balance on this account and agreed to plans being set up on the account.

These payments consitiute a clear acknowledgement of your responsibility to repay the debt. is it clear that you acknowledge the responsibility for this account.

 

We hope this clarifies the matter, we request you contact us within 14 days to discuss your repayment options.

Should we fail to hear from you our collections department may contact you.

Yours sincerely....

 

** I told them i only agreed to set up a payment plan for fear of being put into court and protect my credit file.

 

Is this a standard letter to receive?

I am still getting the calls daily.

Any help appreciated.

[dx100uk]

dear cabot.

 

I thank you for you letter of dd/mm/yyyy

 

having sought the advise upon my alleged debts from a financial advisor

 

it became apparent that I was paying several debts that were not verified as mine nor actually owed by me.

 

in 2009 I was innocent enough to be spoofed by a telephone call from yourselves

that you were bailiffs and could take my house away if I did not pay you this debt.

 

of recent I have found out this is one such debt.

and that you are not bailiffs and nor have any such related legal powers

 

as you cannot provide me with a copy of my signed agreement

I refuse to continue to allow you to fleece me out of money

regarding a debt I know nothing about.

 

as you have acknowledged there is no such agreement

 

I demand the return of the payments I have made to you since 2009

within 28days or I will instruct my solicitor to progress this further.

 

I think its call fraud?

or is it demanding money with menace.?

or obtaining money under false pretence's?

 

 

dx

[dx100uk]

 

dx

[Bazooka Boo]

Ha ha, very much akin to Arkell v Pressdram, just put more eloquently!

[Jam_Buttie]

You could always sign the letter Dom Littlewood..

[tfsmat]

Dx,

 

Ive read your reply a few times and im probably being naive but is that an actual template i should use for a letter back to them? The phone calls have stopped, that letter i posted on here was also the last in writing...

 

So, do i send a letter in waking up the dead or hang fire until something received in the post.

I would love to get monies back though i must admit from Cabot if that was a real chance of happening??

 

tfsmat

[dx100uk]

templates get responded to with another template

 

you let them fleece you.

 

up to you.

dx

[tfsmat]

Dx,

 

OK, understand.

I will send them off a letter in non template style.

Thank you again!