Cabot after 10yrs old LLoydsCredit Card Account!

[shrekster]

Dear All,

 

i have recently received a number of calls and a letter from Cabot Financial ( a DCA)

saying that i owe £5K on a credit card to Lloyds from 2004.

 

 

I have told that I do not.

 

 

They told me that they (Lloyds) have been receiving payment from me of £20 per month

and the last payment was made in March 2014.

Cabot have just bought the debt from Lloyds

 

I have just checked my account and i have been making these payments over the past few years (didn't realize - stupid I know).

 

 

I actually told them that i have not been making them!

 

Since i have been making these payments I am unable to use the Statued Barred Limitation Act on this debt or am I?

 

I have no debts at all and have a perfect credit rating and in limbo on how to proceed.

 

Anyone who could help me I'd really appreciate it!

 

Many thanks.

[BankFodder]

I wish I could lose £20 per month out of my bank account and not notice it.

 

Is this monthly payment part of some debt management plan or is it the originally agreed rate of repayment?

[BankFodder]

Oh, hang on. I just noticed that you stop making the payments in March of this year.

 

I was going to suggest that if you had an agreed repayment scheme and that you are still paying then they wouldn't be to go back on it. However, your cessation of payments start a new ballgame.

 

You certainly are not able to say that the debt is statute barred so I'm afraid that you are going to have to deal with it.

 

I think that you're going to have to deal with Cabot and get them to agree a scheme of repayment or else see if you can negotiate a full and final settlement

[shrekster]

This amount must have been from years ago when it was with Lloyds (original creditor) that I would pay £20 per month

[shrekster]

I guess they still need to prove that I tactically owe the debt so wouldn't they need show me a credit agreement?

[dx100uk]

sent cabot a CCA request.

 

 

dx

[shrekster]

Okay thanks DX will do.

 

If they cannot provide one, does that result in the debt being unenforceable?

[dx100uk]

bing!!

[shrekster]

Hi All,

 

on the 18th December I sent a CCA request. In January they wrote to me saying that they would need to consult with Lloyds.

 

Today I have received a poor copy of the credit agreement 53 days after I sent across my request!!

 

HELP??

[shrekster]

I had a sent a CCA request back in December 2014 and

 

 

today i have received the CCA from Cabots

- the t&c's are not legible and the main part of the agreement is partially legible.

 

 

This CCard is from 10 years ago

 

 

hence the minimal recollection of this.

 

 

I have not had any debts in the past 12 years and have a perfect credit rating which I do not want to be ruined again!

 

Can someone please help and advise on the appropriate course of action?

 

Many thanks.[/size]

[SabreSheep]

send back a letter saying something along the lines of.

 

CCA request not complied.

No debt acknowledged to your company

Without prejudice to the above, the alleged debt is statute barred

No further correspondence will be entered into

[shrekster]

Hi there,

 

 

well they haven't complied within the time limits as set,

 

 

however have sent it to me 53 days after my request,

 

 

therefore is this debt still enforceable?

 

 

Also the debt I believe is NOT statue barred as payments had been made

( i didn't realise of £20/month) with that last one 14 months ago

- i noticed this standing order on my account didn't know what it was for and cancelled it

[dx100uk]

scan it up please

 

 

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[shrekster]

Hi there, please find attached.

[Bazooka Boo]

If they have now complied with your CCA request then it matters not if they are out of time.

 

Rattling their cages isn't recommended, no news is good news, and you shouldn't use 'without prejudice' on any of your correspondence,

it doesn't mean a thing unfortunately.

 

As the debt isn't SB, please tell me you didn't tell them you thought it was? How much of the total amount is made up of

fees/charges have you any PPI on it which you can claim back?

[shrekster]

I am not aware of how much the total amount is compromised of interest etc, how do you go about finding out and claiming that back?

 

So what about the rest of the amount?

[theoldrouge]

they will need a better copy than that to enforce, totally illegible

[shrekster]

Is there a template that I can use? Or am I asking for a legible copy of the signed document as well as a clear set of t&c's?

[renegadeimp]

Can you post that CCA up please. if its unreadable, then its not compliant. SInce its pre apr 2007, they would need the original one. And it really looks like theyve photocopied a bad photocopy of the original.

[shrekster]

Hi there, please find it attached. The scanned copy is just as bad as the copy that they have sent me. many thanks.

[Bazooka Boo]

Oh yes, definitely illegible......(IMO)

[theoldrouge]

depends how you want to deal with it

 

either do nothing, and wait and see if they eventually issue against you , then defend on the basis of no legible s78 reply

so not complied with s78(1)

 

or if you want to negotiate a settlement, and in a position to do so, use that as a bargaining position and make a very low offer

[shrekster]

Waiting to see if they would do nothing is far too risky, in terms of my credit rating and its effect.

 

Would it make sense to reply on the illegible signed document and T&c's?

 

 

It says on the T&C's that its the banks copy and not the customer copy?

 

 

What in terms of the s78(1) is important?

 

 

The contact details that I blackened out are legible to a certain degree but the rest is not.

 

 

perhaps i send that response then if I do not get what i require perhaps offer a settlement of what percentage - 10%?

 

 

Should this continue via the mail or by phone?

 

Thanks.

[shrekster]

Since this was in 2004, how should i reply to them with regards to having a copy that is of the original and something that is eligible? Is there a template that you can suggest?

 

many thanks

[dx100uk]

not all the T&C's either!!

 

 

its sev pages long not 1!!

 

 

dx