Cabot/FIRE Help Please - TSB CC debt 2006

[Desperate Daniella]

Rankines was a long time ago, certainly before Carey.

 

Anyway, I expect it's the way you present it to a DCA. If they think they could be done for fraud by producing documents they know can't have been the original agreement they may think twice about pursuing it.

 

As you say, it's good when they give up the ghost.

[Peterbard]

Indeed it was but i think the judge was quoting the cancellation and copy regulations as was the case in question.

[Desperate Daniella]

In that case maybe. Every case is different. And there are lots of things you can argue about.

[Desperate Daniella]

Depending on each agreement or alleged agreement of course.

[Peterbard]

Copy documents are for information purposes only unfortunately and any mistake in content can be remedied by the creditor at any time, that is the problem.

Also as we know any failure to comply does not limit the creditors ability to demand payment , add interest nor does it render the account in dispute.

 

Many confuse the enforceabilty sanction under the copy regulations with that were available under section 127 they are of course two entirely different things.

[Desperate Daniella]

Tell you what, I'll carry on doing what I'm doing which has worked for me and helped other people, and you can carry on saying what you think would work or not work.

 

If a DCA sends me something they say is [my] agreement and it isn't then as far as I'm concerned that's fraud and they are attempting to get money to which they are not entitled.

[Peterbard]

Tell you what, I'll carry on doing what I'm doing which has worked for me and helped other people, and you can carry on saying what you think would work or not work.

 

If a DCA sends me something they say is [my] agreement and it isn't then as far as I'm concerned that's fraud and they are attempting to get money to which they are not entitled.

 

Fraud!!!! Golly

[Desperate Daniella]

If it frightens them off it can only be good. Anyway, if I have said I can prove it, I can. I don't make idle threats.

[Peterbard]

If it frightens them off it can only be good. Anyway, if I have said I can prove it, I can. I don't make idle threats.

 

I'm sure

[Desperate Daniella]

And then there's misrepresentation.....

[pat5y]

I'm so mixed up now!

I had a payment plan agreed with the TSB and had been paying it for years and still am.

 

Now Cabot say they have bought this debt, and it shows on my credit file Cabot ,no mention of TSB.

 

I have been reading on these forums that a debt should not be sold on if there is a payment plan in place,

 

I don't know if this is correct or not.

 

I don't know what to do now.

 

I have already asked for CCA and Cabot says it will take up to 40 days to get it

and I have received a letter today from FIRE saying they will send doorstep Agents out

(This was dated one day before last Cabot letter).

 

When and if I get the CCA I don't know what to do after that.

 

I am so stressed with this I need things to be explained simply because my brain is just not functioning properly.

Many Thanks for all the help, and I am sorry for asking for it to be explained because of my frazzled brain.

[Peterbard]

I'm so mixed up now!

I had a payment plan agreed with the TSB and had been paying it for years and still am. Now Cabot say they have bought this debt, and it shows on my credit file Cabot ,no mention of TSB. I have been reading on these forums that a debt should not be sold on if there is a payment plan in place, I don't know if this is correct or not. I don't know what to do now. I have already asked for CCA and Cabot says it will take up to 40 days to get it and I have received a letter today from FIRE saying they will send doorstep Agents out (This was dated one day before last Cabot letter). When and if I get the CCA I don't know what to do after that. I am so stressed with this I need things to be explained simply because my brain is just not functioning properly.

Many Thanks for all the help, and I am sorry for asking for it to be explained because of my frazzled brain.

 

Calm down it is not a problem creditors sell accounts with repayment plans in place all the time.

 

If this was part of a DMP by one of the providers they should automatically have transferred the arrangement but it sounds like the DCA are not aware that one was in place.

 

Contact them and tell them that you have been paying off the debt and ask them for details so that you can continue the arrangement see what they say, if they are uncooperative come back on here.

[Desperate Daniella]

Sorry, pat5y, for getting off topic with our discussion about enforceability.

 

FIRE are part of Cabot so as you have written to Cabot they shouldn't be sending out doorstep collectors. However, if you go to the Library you will find a letter to send to them, and it's worth printing off a copy to hand to anyone who may turn up.

 

Having said that, I have had countless threats of doorstep collectors and only one ever did turn up - a weedy little old man who went away as soon as I handed him the letter. In nine cases out of 10, maybe even more, they won't be sending a collector and the threat is made to get you to pay up.

 

They should have been told that an arrangement was in place but either they haven't been, or they are trying to push you to pay more, which debt buyers often do when they take over accounts. They can't make you do that. You can only pay what you can reasonably afford, your repayment plan was accepted, and you have been paying as agreed.

 

When you eventually get the CCA, if there is one, the next step is to see if it is enforceable and we can advise you on that.

[Peterbard]

Calm down it is not a problem creditors sell accounts with repayment plans in place all the time.

 

If this was part of a DMP by one of the providers they should automatically have transferred the arrangement but it sounds like the DCA are not aware that one was in place.

 

Contact them and tell them that you have been paying off the debt and ask them for details so that you can continue the arrangement see what they say, if they are uncooperative come back on here.

 

Have to say that I have dealt with many cases like this and all I do is give them a ring and get the payment details, I know that the advice on here is not to ring DCA's but I can only say what works for me and also indecently the professional advice sector. If they do not know you have a repayment arrangement in place they will keep pursuing for the total debt.

Edited December 4, 2013 by Dodgeball
no longer a professional advisor

[sequenci]

I just think people need to remember that requesting copy agreements under a s77/79 request; and challenging the enforceability of an agreement are two completely separate things. A reconstituted agreement may satisfy the information request BUT it would then be down to the debtor to argue that an agreement is irrideemably unenforceable if they have the grounds to do so.

[pat5y]

Thanks for the replies. I was wondering what would be happening to the standing order that I have been paying to the TSB, where would that monthly payment be going?

[pat5y]

I received a letter from Cabot today it said

 

"Unfortunately Cabot has been unable to provide you with the information you requested.

We shall continue to request the info from the original lender.

we will place your account on hold until we can comply with your request.

 

Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgement or decree against you in court.

 

However, you are still obliged to repay the outstanding balance and you should contact us to set up a repayment arrangement or carry on with your existing payment plan."

 

I currently pay £5 per month by standing order to TSB, and have done for years.

TSB are not listed on my credit file but a cabot default is.

 

Can anyone advise me on my next course of action?

 

Thanks

[dx100uk]

no cca = no pay.

 

you've been cash cowed

 

dx

[Desperate Daniella]

Don't pay them another penny. They have admitted the debt is unenforceable.

 

The end.

[pat5y]

So will I stop paying the TSB and what about the default on my noodle report that cabot have put there.

[Desperate Daniella]

Stop paying and if they ever do come up with an agreement you can start again, but I think it's unlikely.

 

When was the default put by Cabot? It may be difficult to get them to take it off, but if there was a default from TSB Cabot should not have added one for the same debt.

[Desperate Daniella]

I would also write back and say,

 

Thank you for confirming that you do not have an enforceable agreement for this account.

 

Nothing more, just that.

[pat5y]

Thank you Daniella

 

There is no default from TSB just every month a default by cabot since 2012.

[Desperate Daniella]

I am not good on Default Notices/CRA, but I think a debt can only be defaulted once. dx probably knows.

[dx100uk]

there's probably a default date in the debt summary?

 

that will be the 6yrs clock start for the debt to vanish from the listing

as such, it does matter what else is put on the file

it sort of cant hurt you

 

however of course the 6yrs from default date vanish does always mean the debt is not owed

many factors effect that

which are what have already been discussed here..