Cabot full and final letter - old welcome debt

[alydoc]

Hi guys

 

some advice please.

 

I failed to pay for a welcome finance agreement that i took out in 2008.

it has this month been sold onto cabot who have spoken to me on the phone to agree a full and final settlement figure.

 

they have said i can pay a partial figure that will clear it to zero but will show on my credit file partial payment.

I asked them for settled or satisfied but they said they cant do that as new laws in.

 

I looked on all 3 credit files this week to see what welcome had put and its down as settled now after all late payments.all say same thing.

 

So here is my questions-

 

Shall i accept the offer or pay a small contribution every month?

 

As welcome have said its settled on file can cabot change that marking or set up a new marker

with cabot as the loan people as i dont see cabot on my credit file yet?

(but cabot informed me it would show after a few weeks)

 

what shall i write back to these people?

 

I am just confused why welcome have marked settled but cabot have said it will say partial when payed?

 

iv enclosed the letter sent by email.

 

also iv had no other information off them just welcome telling me to contact cabot regarding account being sold on,

should i request more info?

 

cabot customer

1:02 PM (4 hours ago)

 

to me

 

Letter below.

 

Thanks guys for any help you can offer.

 

 

 

 

 

 

Dear X,

 

We are emailing you in regards to the settlement of your account above.

 

We are pleased to confirm we will accept £2085.00 as full and final settlement, to be paid no later than 31st August 2013.

 

Once received and cleared on our system, we will report to the relevant Credit Reference Bureaux to advise them that this account has a zero balance and is partially settled with us. Please be advised this may take up to six weeks.

 

We trust this is sufficient for your records.

 

Yours sincerely,

 

Cabot Financial

 

0845 0700116

[renegadeimp]

Discounts mean theres something wrong with the debt. Especially if cabot have bought it. Get a CCA request off and a SAR.

 

How do i know?

 

I asked them for settled or satisfied but they said they cant do that as new laws in.

 

There are no such laws. They are conning you and you seem to be falling for it.

[mr_mastiff]

alydoc,

treat this full and final offer with great care.

 

What they say and what they do are two different things.

 

Have you been given an assignment letter by welcome finance stating that cabot is acting on their behalf.

 

Normally if they are willing to settle for less then there is something wrong with the debt.

 

Was it sold with PPI, have charges been made.

 

I believe you should send them a C.C.A which would give you all the details they have,

 

there is a link in the letter page which will give you the format of the letter you need to send.

 

You will also need to send a £1.00 postal order to cover the costs.

 

Please do not deal with them over the phone ensure that you get written answers to your questions.

 

They have to answer your request within 12+2 days and you will know better how to proceed then.

[renegadeimp]

Cabot are known to CAG. They rarely have the paperwork needed to enforce the debt, and have already offered a discount and lied to the OP in their letter.

[BRIGADIER2JCS]

The settled entry is because Cabot has paid for the debt.

Cabot are obliged to update the files with the status of the account as it is in their hands i.e. the actual balance outstanding, if a settlement is made that is less than this the account must be marked 'partially' satisfied.

 

Did you make this offer or is this 'out of the blue' from Cabot.

 

Have you checked the validity of the debt?

What is the actual balance O/S

[alydoc]

guys thanks so much for helping and thank god i spoke out to you guys in time.

 

now as i am very noob to all this on the top of the letter template i need to send it mentions data holder- is that cabot?im just a little lost in those words and would like some help.what address i send to.

 

sorry guys for being noob.iv pasted the heading of the template i am talking about.

 

Send this request including the £10 fee to the address which your data holder has registered with the Data Protection Commissioner as the address of the Data Controller:-

Information Commissioners - Data Protection Public Register

(new address: Information Commissioners - Data Protection Public Register)

[alydoc]

i made a offer when they called. the debt is 4135

[BRIGADIER2JCS]

SAR is addressed to the Data Controller of the Original Creditor at their head office.

[BRIGADIER2JCS]

i made a offer when they called. the debt is 4135

If they will go that low, something is wrong so SAR asap.

[alydoc]

ok so i should send to welcome or cabot who have bought it now or both,also im worried they will try take a ccj out against me can they do this?

[ims21]

Hi

 

This is the template for the SAR

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

It should be sent to the original creditor, not Cabot.

 

You can address it to the "Data Controller" and the preference is to send it to the Registered Office.

 

With Welcome, it is highly likely that there are plenty of unlawful charges added to the account which can be reclaimed. There may also be mis-sold PPI which, if mis-sold, can also be reclaimed.

 

They will have 40 days to comply with your request so if you can, send it recorded and signed for so that you can track when they receive it.

 

It would be unwise to make any commitment to a full and final until you have established what the "actual" debt amount is.

[ims21]

ok so i should send to welcome or cabot who have bought it now or both,also im worried they will try take a ccj out against me can they do this?

 

They cannot get a CCJ against you without going to court and winning.

 

I would suggest that you are a long way from court action but get that SAR off to Welcome as soon as you can.

[alydoc]

doing today,i shall update asap

[renegadeimp]

Keep us up to date. Cabot have already shown that the debt is bad. You just need to find out what is wrong with it. Dont respond to cabot. Just get that SAR off to welcome and wait for a reply.

[The Mould]

If you have the funds requested, or a third party has the same, then write write back with reference to their said F + F settlement offer and confirm that a third party is willing to pay the amount requested in order to settle this account on the condition that said third party cheque made out in full and final of this account is made without any admission of liability claimed thereon within 14 days of receipt hereof as to enclosed third party cheque made out for (state amount) in full and final settlement of this account, if the same is not accepted then please return the said full and final settlement cheque sent to settle this account and amount claimed thereon.

 

Kind regards

 

The Mould

 

Account marked as settled is a further condition of your F + F Settlement offer.

 

Kind regards

 

The Mould

[alydoc]

ok im a bit confused now as some say in previous posts not to respond and now you mention to send that letter with cheque.

 

yes i have funds but i have mentioned to them about settled on my credit report and they said they cant do that as it would have to go under a partial settlemnt on credit file.due to new laws.

 

i have just prepared a SAR to send to welcome finance.but they have sold it now to cabot

[ims21]

Get that SAR off to Welcome.

 

You would be unwise to enter into F&F negotiations until you have established exactly what is owing after accounting for any unlawful charges on the account and possible PPI.

 

When you have established the correct figures, that is the point to start F&F negotiations.

 

At that point, if it can be shown that the default happened as a result of the charges etc then you may have a chance at getting the default removed.

 

Never trust what people like Cabot tell you on the phone.

[BRIGADIER2JCS]

Account marked as settled is a further condition of your F + F Settlement offer.

 

Kind regards

 

The Mould

CANNOT HAPPEN PARTIALLY SETTLED IS THE ENTRY THAT MUST BE MADE, anything else is NOT truthful in this case. CRA entries must be up to date and ACCURATE, not made up to suit.

[renegadeimp]

Dont think about any payment yet. There is something seriously wrong with the debt.

[alydoc]

ok thanks so much i shall keep you all updated every step of way once they respond.thanks guys

[The Mould]

CANNOT HAPPEN PARTIALLY SETTLED IS THE ENTRY THAT MUST BE MADE, anything else is NOT truthful in this case. CRA entries must be up to date and ACCURATE, not made up to suit.

 

 

If a creditor accepts a lesser sum in full and finalsettlement of amount claimed and the said full and final cheque payment istendered under a condition that the same is made on the condition that creditormakes an entry on your credit files to show that account is settled, balancezero and account closed, the creditor must honour this condition if he shouldaccept a cheque for lesser sum made out in full and final sent with suchcondition attached thereto.

I mean no disrespect to you, but you are wrong in law asregards your above post in the light of the foregoing.

Kind regards

The Mould

[BRIGADIER2JCS]

You information is out of date, Cabot for once has correctly stated that the entry will be marked as Balance £0 partially settled.

 

Stating that an account has been fully paid when it has not is displaying false data.

 

Deals proposed by debtors cannot affect the need for accuracy.

[The Mould]

http://www.bailii.org/ew/cases/EWHC/QB/2013/2180.html

 

Recent case law in this area, which is over 400 years old.

 

If the op sends in a cheque payment (third party or not) tendered by his conditions set out in the settlement offer that such cheque is enclosed, then, if creditor accepts the said cheque, he must also accept the condition(s) such is tendered by.

 

Kind regards

 

The Mould

[BRIGADIER2JCS]

As far as I see that it has no relevance to reporting accurate data to credit reference files.

I'll let you carry on playing case law games!!

[The Mould]

I am not playing any games with you my dear fellow.

 

Cabot have stated their conditions to settle this account pursuant to their conditions, the op simply needs to respond to the same with his conditions to settle the same, one condition ought to be, in my opinion, that he offers the full and final settlement cheque on the condition that cabot mark his credit reference files to this account as settled, balance zero and account closed, if they accept the full and final cheque payment under these particular terms stated by the op in his F & F settlement letter/counter offer.

 

No false data would be placed against this account by cabot if cabot accepted the above-stated settlement terms.

 

Kind regards

 

The Mould