Cabot letter RE HSBC Loan

[renegadeimp]

There ya have it. Cabot dont have the CCA> What they sent you in response to the CCA request is not compliant.

 

Even for a reconsituted one, theyd need an app for, plus terms and conditions of the loan. Can you see them there?

 

When did you take this loan out?

 

edit: i saw you posted: Experian the opening date of account is 2003,

 

Well done cabot, Youre chasing a lemon debt as you know you need the full original CCA to do anything since the agreement was took out that long ago.

 

Well done brokentechie.!! Theyre calling your bluff and hoping you dont realise its non compliant basically this account is dead in the water until they can get the original ( they cant which is why the OC didnt take court action) or it becomes Statute barred.

 

essentially, you just wiped this debt until one of the above 2 criteria are met. better luck next time cabot.

[brokentechie]

The loan was taken out in 2009, however the date of account recorded in Experian (Account Start Date) is 2003.

 

Aren't the loan T&C's on Page 4 of the agreement? And it states at the top "Agreement for Signing"

 

I have also checked on here [removed]- dx and they are apparently "In Breach of Regulations" as the credit (interest) amount is incorrect - do I have any standing in this?

[renegadeimp]

You need to find out why experian have that start date.

 

In any case, the CCA is still non compliant. So until one of the 2 requisites i mentioned are met, they can do bugger all.

[brokentechie]

Sorry for being dumb, but can you explain why

- I have worked myself into a bit of a blind panic thinking it is actually compliant.

 

What makes it not compliant, especially as loan taken out in 2009?

[dx100uk]

pers I'd await the sar return.

 

however WHEN did you take this loan out..

 

was it 2003

or

was it 2009

 

do you remember.

[renegadeimp]

A reconstituted must have the app form and terms and conditions as reasonably close as possible.

 

What they gave you isnt that. Theres a bit of the original there, but the rest of it, even a complaint reconstituted part, is missing. So its UE, which is why ( in my opinion) the OC sold a debt that large for pennys to a DCA, instead of going to court and reclaiming the full amount themselves.

 

Have you done the SAR yet? Maybe that will show a lot more detail, including anything you can reclaim, or any underhanded moves on the banks part which caused them to get rid of the account.

[brokentechie]

It was definitely 2009

[renegadeimp]

They still havent got the CCA no matter when it was taken out. Im sure the SAR will show up a lot of things too. Cabot know very well the CCA isnt complaint, but it wont stop them lying and trying to say they are right and you are wrong. All they see is the big number they can get off you and they get greedy as hell.

[brokentechie]

Not yet - I have done the letter today and will be sending it off tomorrow with a PO - no cheque book anymore

 

Will be interesting to see what they come back with.

 

Also, do I have any claim under the APR% and interest being incorrectly calculated on the loan?

 

The only two figures I can see on the agreement is 8.7% APR and an annual rate (simple rate?) of 8.343%

 

So working out £12k over 60 months @ 8.7% = £2,841.40 total credit (v £2729.65 on my agreement) OR @ 8.343% = £2717.48

[dx100uk]

id a wait the sar but I doubt that's relevant

be very careful about those kinds of sites

they are only out to make money

 

 

dx

[brokentechie]

I actually got the link from a thread on here I think!

 

What am I looking for in the SAR?

 

BIG thanks to all for the help

 

BT

[renegadeimp]

Wait and see what the Sar comes back with. Meanwhile if cabot continue to harass you, send them the letter from can library that says they haven't complied with your legal request.

 

They will try and say they have but they know very well they haven't

[dx100uk]

well find the thread with that link I cant.

be very careful of those sites that offer to wipe debt out

dx

[brokentechie]

Hi all,

 

Apologies for raising an old thread, however Cabot have picked up their "Call us or we'll take you to court" campaign for this alleged debt.

 

The only letter relating to non-compliance I can find in the library is to be sent to a solicitor - I procrastinated and never did the SAR to HSBC, but I will get that off ASAP.

 

@Renegadeimp are you absolutely certain that what has been sent is Non-compliant?

 

This debt is probably a year off SB, however the default will disappear from my Credit File in likely less than a month.

 

Thanks in advance

 

BT

[dx100uk]

no it doesn't say that READ IT PROPERLY

 

doesn't say WILL anywhere.

 

no you don't send anything

[brokentechie]

Ok Thanks DX - safe to ignore I guess.

 

 

I would have thought they'd have already done so (I assume) if what they have already sent me was good enough to launch a claim.

 

Kind regards

[brokentechie]

Apologies for resurrecting an old thread, however I have recently received a letter from Cabot with the old Ruthbridge one tucked in the same envelope relating to (I can only assume) this debt and thread.

 

It is likely well statute barred by now, however I don't want to fire off that route until I absolutely know for sure, as the Cabot ref number is different than the original paperwork and so is the value owed by approximately the amount of the original loan repayment - £241.

 

I intended to fully ignore them, however today Ruthbridge have called me, and I don't want all that malarkey again so I'm after some advice here.

 

I know absolutely I only ever had one HSBC loan, but I'm a bit confused by the change of Cabots ref numbers etc.

 

Any advice especially as it's likely to be statute barred (last paid 2011) and no contact from them since 2015/16?

 

Should I send the "Prove it" letter?

 

The debt no longer shows on my credit file, I have rebuilt my credit score and bought a house since - I do not want this messing things up if I can avoid it.

 

Many thanks 

 

BT

[BankFodder]

If you are certain that it is statute barred and this is a debt under the consumer credit act then simply write them telling them that the debt is statute barred and that under FCA CONC regulations they must not contact you about it again.

[brokentechie]

I know I only ever had one HSBC loan, I never got any NOA or anything like that as previously discussed, and I have not made a payment of any sort since 2011.

 

I am confused about the different ref numbers from Cabot is all, and like I said no contact from Cabot since requesting the CCA in 2015/16. All the docs are on this thread apart from the latest Cabot and Ruthbridge letters.

 

Happy to send SB letter however how can I be absolutely sure it is, and can Cabot claim the CCA request reset the clock?

[BankFodder]

No, a CCA request doesn't reset anything. And if you send the statute barred letter then you can see what their response is

[dx100uk]

so you moved and did not inform poss owners of poss debts that you had?

 

dx

[brokentechie]

I bought the house in May 2018.

The debt was not on my credit file when I applied for the mortgage.

 

As stated above I had heard nothing about the debt since 2016 and receiving the advice here.

 

I got a job that required Security Clearance and they found no record of the Cabot debt only the Arrow Global consent order which is my other thread on here.

 

Why would I inform Cabot in 2018 of moving when I had not heard from them since 2016 after CCA request.

I redirected my mail for at least 6 months after moving 

[dx100uk]

because you run the risk of backdoor CCJ's

whomever is the owner of a debt that you might have paid to or used within 7yrs of moving

you should ALWAYS write to them informing them of your new address.

 

that's why you have the current letter

it's a phishing attempt to see if you reply

if you don't , they'll start a court claim using the last legally notified address

and the 1st you'll know about it is an alert from your credit file

or bailiffs at your door.

 

send them our SB letter from the debt collection section of our library.

 

 

[brokentechie]

So they sent me the documents I've attached on page 1 and didn't start court proceedings. The debt is from a loan in 2009 and as already advised on here by others the CCA they produced is a lemon.

 

Now you say they can start court proceedings? 

 

I sent them account in dispute letter in 2015 or 16 and the Cabot or Ruthbridge letter does not state legal action 

[dx100uk]

just type ..no need to keep hitting quote..we know w hat we've said.

 

...and who's going to tell the court or who at the court is going to check it's enforceable?

it will be a roboclaim whereby no human see's or checks anything.

 

some 750'000 are issued every year.

85% go undefended and result in CCJ's

 

you've been here 8yrs now and should know these things.