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stestrange69

old LLoyds debt - cabot have NO CCA - what next?

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ive had a letter today about my wifes loan account which has 7,291.54 remaining outstanding

 

I have requested the CCA and also wrote to Lloyds tsb and requested the SAR.

these are still in process at the moment.

 

cabot have received my letter about cca but ive had no reply but

 

they did reply to the other 2 credit cards which I requested the cca for

 

which they said they would hope to have the info within 40 days.

 

t for the loan today I received this odd letter

 

Dear Mrs S******

 

Contacting Cabot

 

please call 0800 328 0708 (minicom: 01732 524630)urgently, and speak to one of our helpful customer advisors about your account.

our aim is to help customers get their accounts cleared so do contact us soon.

 

yours sincerely

 

Chris lambert

 

that's exactly as its been written on the letter it just seems really odd theres no reason why they want to speak to me or anything any ideas peeps?

Edited by stestrange69

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ive had a letter today about my wifes loan account which has 7,291.54 remaining outstanding

 

 

I have requested the CCA and also wrote to Lloydslink3.gif tsb and requested the SARlink3.gif.

 

 

these are still in process at the moment.

 

 

cabot have received my letter about cca but ive had no reply but

they did reply to the other 2 credit cards which I requested the cca for which they said

they would hope to have the info within 40 days.

but for the loan today I received this odd letter

 

 

Dear Mrs S******

 

Contacting Cabot

 

please call 0800 328 0708 (minicom: 01732 524630)urgently, and speak to one of our helpful customer advisors about your account.

our aim is to help customers get their accounts cleared so do contact us soon.

 

yours sincerely

 

Chris lambert

 

that's exactly as its been wrote on the letter it just seems really odd theres no reason why they want to speak to me or anything any ideas peeps?

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The reason being they can bully you when talking personally, something they can't do with any real conviction in a letter. They want to 'convince' you to pay more.

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when were these cards / loan taken out? That might make a difference as to how you proceed

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when were these cards / loan taken out? That might make a difference as to how you proceed

 

 

 

Hi they was taken out around 12 years ago

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Doubtful theyll have the cca. Stand your ground for now.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi all

 

 

thanks everyone who has already helped me get as far as I am with me and my wife's debt issues

and pointing me in the right direction to find out if they are enforceable or not.

 

all the debts we have are around 12 years old and

 

 

I have had a reply today from Cabot saying they cannot gain access to the information for the CCA

I ask for in writing for both my credit card which is £805.20 and my wife's credit card at £2,383.85.

 

 

I still have a direct debit in place for £1 per month for both accounts

 

 

do I need to stop this now as they have said its un-enforceable.

 

 

they have still been taking the £1 per month even after I sent the letter about CCA.

 

 

I have received written confirmation from tsb that they will supply me with my SAR's for mine

and my wife's accounts by 21st of this month for all our account as there's 4 in total.

 

do I wait now till I get my SAR'S to find out if im owed anything?

 

my aim is to make a f&f offer on the accounts to get rid of them would I make this offer now?

 

also if I do stop making the £1 per month payment can they take any actions against me or my wife like sending someone to the door eg. bailiff ?

 

any help would be greatly appreciated.

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forgot to ask a question

 

 

if I stop my £1 per month payments can they put anything on my credit file with regards to missed payments

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who was the original creditor please?

 

 

if cabot have failed the 12+2 working days timelimit

then stop all payments regarding the debt concerned.

 

 

as for bailiffs..

they ONLY ever get involved

after they send you a claimform

AFTER you lose in court and get a CCJ

and

after you fail to pay the CCJ.

and as crapbot are saying they hold no CCA

then they cant goto court so they are stuffed.

 

 

CABOT or any DCA ARE NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

are these debts already on your CRA files

and are they defaulted already [date in the summary line]

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Hi Thanks for the reply

 

 

from what I can see there is nothing from Cabot or anyone else about these two debts on our credit history.

 

 

we have been making payments of between £1-£5 per month per account over the past 12 years.

 

 

all interest was stopped when we started the £1 payments many years ago.

 

 

the reply from Cabot. took around 40 days to arrive

I did have a letter previous saying they would let me know within 40 days

and then there letter today says they do not have the CCA.

 

 

if I stop all payments they cant chase us for it and they cant add anything to our credit file ?

 

 

I understand the debt is as such still owed but don't want any agro or after effect for stopping payments.

 

 

who would I make the offer to for f&f would it be Lloyds tsb or would it be Cabot and would 10% be a fair offer.

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I wold suspect the debt was defaulted more than 6yrs ago

so has been removed

 

 

NEVER to return.

 

 

as Cabt hold no CCA

 

 

you can safely stop payments

 

 

they can 'ask' for payment.

 

 

and you can equally 'ask' them to go away or ignore them

until/unless they produce an enforceable CCA.

 

 

to put it bluntly, its what we call 'cash-cowed'

 

 

they've been milking you for years

on a debt they have no legal right to receive payments on.

 

 

 

 

sadly all you payments have done

is fund their operation to do the same to 1000's of others

 

 

profit direct to their pocket

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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so with regards to a f&f who would I make this too dx? I understand your point of view regards don't pay but I would rather offer something and have rid of the thing than not paying anything and have another 6 years of mucking around or even giving them chance to produce a cca or even for the laws to change and they bring something new in that allows them to make it enforceable.

I wold suspect the debt was defaulted more than 6yrs ago

so has been removed

 

 

NEVER to return.

 

 

as Cabt hold no CCA

 

 

you can safely stop payments

 

 

they can 'ask' for payment.

 

 

and you can equally 'ask' them to go away or ignore them

until/unless they produce an enforceable CCA.

 

 

to put it bluntly, its what we call 'cash-cowed'

 

 

they've been milking you for years

on a debt they have no legal right to receive payments on.

 

 

 

 

sadly all you payments have done

is fund their operation to do the same to 1000's of others

 

 

profit direct to their pocket

 

 

dx

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F+F in this situation are non advisable... If they cannot supply a CCA, dont bother, If the debts are 12 years old they shouldnt be on your credit profile. A settled account after default is just as bad as a defaulted account.


 

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I've been reading a lot over several sites and

 

 

I found something on a another debt related site that says they contacted someone from Experian

who said in our situation if we was to make a f&f offer that it wouldn't be able to be recorded on our credit file

as it has already fell of the credit file so it cannot be resurrected. is this correct?

 

 

as me and my wife are thinking we would make an offer on all the accounts of 10% as f&f

so we don't have them hanging over our heads no more.

 

 

I understand the not paying anymore money and it will just eventually go statue barred

but we wouldn't want it hanging over our heads and having the letters and calls etc for the next 6 years

if we can use about £1000 to clear all the debts it would be a great weight off our shoulders

as we are much better at controlling our incomings and outgoings now.

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qite correct as I've said several times

 

 

but

 

 

you paying the debt, then acks it

 

 

and any payment you make would only evr be a partial one

 

 

so the rest would be sold on

 

 

and you'd start the whole process again.

 

 

paying it WILL NOT END THE MATTER.

 

 

nor will it stop the letters

just give them 6 more years to harass you.

 

 

they cant make you pay - they've no CCA

they cant goto court - they've no CCA.

 

 

total waste of money if you pay it off

 

 

and simply funding them to carry out the same actions that you have suffered on someone else.


please don't hit Quote...just type we know what we said earlier..

 

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surely if I make a f&f offer they cant sell on the debt as its been settled as full and final is that not the case?

 

the whole funding them to do it to everyone else thing I understand but this isn't my reason behind making the f&f.

 

 

we just want to be debt free and by ignoring it isn't going to make me or my wife sleep better at night.

 

 

by making an f&f and loosing say £1000 and to know there's no problem anymore will make us sleep better at night.

 

I think of it that if the rules and laws have changed and these things are now in action due to the changes in law

and such like what's saying there isn't going to be a change in the law over the next 6 years that will enable them to enforce the debt.

 

 

I've seen other peoples issues where the law has changed and they only have to supply a copy of the original agreement without a signature

so if this happens I am in worse position than I am now

 

 

it would be easier for me while I am in a position of power with them not having the CCA to clear the matter up

and have an end to it without it biting me in the bum several months/years later.

 

 

i would need a template letter to help make the f&f offer and to state the facts about not having the cca and that the payment would be an end to the debts. also do i send the f&f to the dca or the TSB as i don't know who owns the debt as im not sure how you find out who owns it.

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surely if I make a f&f offer they cant sell on the debt as its been settled as full and final is that not the case?

nope it will not be settled, it will be partial settlement, and they'll sell it on.

 

the whole funding them to do it to everyone else thing I understand but this isn't my reason behind making the f&f.

we just want to be debt free and by ignoring it isn't going to make me or my wife sleep better at night.

by making an f&f and loosing say £1000 and to know there's no problem anymore will make us sleep better at night.

if you f&f it will not be settled as above. you would not be debt free.

 

I think of it that if the rules and laws have changed and these things are now in action due to the changes in law

and such like what's saying there isn't going to be a change in the law over the next 6 years that will enable them to enforce the debt.

I've seen other peoples issues where the law has changed and they only have to supply a copy of the original agreement without a signature

so if this happens I am in worse position than I am now

 

 

if the debts are prior to apr 2007 , they MUST HAVe the signed agreement

a recon is no good

 

it would be easier for me while I am in a position of power with them not having the CCA to clear the matter up

and have an end to it without it biting me in the bum several months/years later.

 

 

wont make any diff, it will simply reset the sB clock and cost your £1000+ to do it...

 

i would need a template letter to help make the f&f offer and to state the facts about not having the cca

and that the payment would be an end to the debts.

also do i send the f&f to the dca or the TSB as i don't know who owns the debt as im not sure how you find out who owns it.

 

 

all our letters are under the top green library tab.

LLoyds have written the debt off against tax, so you owe them nothing.

 

 

wanna be mugged then go ahead.

 

 

not sure what sites you are reading but you certainly wont find any advise to pay a debt

to a DCA on CAG that has no enforceable agreement.


please don't hit Quote...just type we know what we said earlier..

 

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what happens say in 3 years if the law changes about the agreement and they can use a recon.

 

wouldn't I then be in the dirt because they can enforce it and then take me for everything?

surely this has got to be thought of if your thinking of doing the long journey of 6 years for the statue barred?

 

I don't understand why others make full and final offers and that's the end to the matter

why is it called a full and final if they can sell the rest of the debt on.

 

surely the full and final means what it says and the debt has say 10% of it paid and the other 90% is wiped

and it shows as settled on your credit history if its under 6 years old

or if its like myself and over 6 years then it wont affect my credit rating

and it will be good bye to old debts.

 

if im wrong could you send me a link to read up on it or something as that's my understanding of the f&f offer

that it will end the matter not that it will just be sold on for me to go through the same issues again with a another dca.

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there has only been a couple of revisions to the CCA since 1974 one was 2006 the other 2008 I think.

 

 

there would never be any change that affected CCA's taken out before the revision date

so to put it bluntly..any CCA revision cannot be retrospective.

 

 

the last part you've sort of answered yourself

 

 

the debt is not showing on your CRA file..

it cant now harm you

they have no CCa ..so why pay it??

 

 

there are numerous threads here of full & final or F&F

 

 

use our search on the right of the top grey toolbar

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Can I just check is f&f the same as full and final or have I been getting this wrong as I thought it was just abbreviated to f&f.

there has only been a couple of revisions to the CCA since 1974 one was 2006 the other 2008 I think.

 

 

there would never be any change that affected CCA's taken out before the revision date

so to put it bluntly..any CCA revision cannot be retrospective.

 

 

the last part you've sort of answered yourself

 

 

the debt is not showing on your CRA file..

it cant now harm you

they have no CCa ..so why pay it??

 

 

there are numerous threads here of full & final or F&F

 

 

use our search on the right of the top grey toolbar

 

 

dx

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it is

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Hi

I've had today my info from the SAR I sent to the tsb

 

 

the only charges I can see is an admin charge and a late charge one is £20 and the other is £15.

 

 

my only other question is the debt company say they cant gain a copy of the original agreement

but from the paperwork I received from tsb theres a photocopy of it in there which is the original application and agreement with my signature on

and also has no ticked on the ppi option.

 

 

does this mean theres a good chance the dca could come up with the cca

 

 

or is that something different they have sent me.

 

 

sorry forgot to say this is in regards to the £805.20 credit card

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if cabot have said they cant get it

I would expect the bank told them that it does not exist

as they don't want you being fleeced as they wrote the debt off years ago.

 

 

the account is closed/terminated so there is no requirementunder CCA for them to supply it to a fleecing DCA

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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is it worth trying to claim the £35 in admin charges and late fee charge.

 

 

another question is

 

 

my wife has a loan which

 

 

we sent at the same time asking for the CCA

 

 

they signed for 3 letters all on the same day

 

 

2 for credit cards

 

 

1 for the loan

 

 

we have heard nothing at all about the loan

but have heard back on both the credit cards saying they don't have the CCA

 

 

what should we do about this account.

Edited by stestrange69

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AS explained

 

 

if they fail the 12+2 working day return deadline

you are within your right to cease payment

 

 

yes you should always reclaim charges.


please don't hit Quote...just type we know what we said earlier..

 

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