Cabot/weightmans claimform - following SD set aside in 2013 - halifax Aqua Card ***Claim Discontinued***

[Poppay2]

Hi All

Back again.

found letter from Stewart Barnes Associates,

dated post dated 31 March, only just found it.

States that person is coming to my home tomorrow to serve me with this Statutory Demand for Bankruptcy.

 

A couple of years ago I wrote to one of the debt agencies that bought this debt if they could produce a CCA,

I received a letter stating that the original company did not have a CCA.

 

Since then there have been many debt collection agencies that have written.

I have not acknowledged the debt and no payment made for about 18 months to 2 years,

I will have to check dates as I cannot recall the last payment.

 

Of course I am now concerned that Cabot are now trying to hit me with this demand.

If indeed it is Cabot and not some other debt collection agency,

as they all tend to state that they are working on behalf of Cabot.

 

I am most concerned about this person coming to my home tomorrow I happen to have taken tomorrow off to try to finish some repairs to my home,

I am tempted not to answer the door if this person turns up as normally I wouldnt be home anyway.

 

what on earth should I do?

 

How should I proceed if they issue me with this statutory demand?

 

I know I wont be sleeping much tonight.

 

All advice most welcome, should I again ask for a CCA?

but I am not sure who has this debt now anyway,

it was for an unsecured high interest credit card taken out in 2005/2006,

interest charges were crippling me and I just couldnt keep up the payments.

 

Poppay

[dx100uk]

whats the debt all about please

 

dx

[Poppay2]

it's an old Aqua Card debt

 

actually not that old, no payments for 18 months to 2 years, will have to check dates, and find paper work, house is upside down trying to do some repairs

[dx100uk]

is it on your cra file?

 

see below

 

looks like you are well vested in court cases anyhow

 

so you should be ok

 

dx

[Poppay2]

I confess I havent looked at my credit file for years, it not something I relish viewing, rather cowardly of my I know.

I am used to reading CAG site and know that I should try to have this set aside when the demand is issued to me.

 

One thing does the fact that I have already requested the CCA about 18 months to 2 years ago, or even longer, help in this instance?

 

I was informed that there wasnt a CCA and therefore they could not supply one. Will this assist with a set aside?

[dx100uk]

blow it straight out the water.

 

its not an if.might letter is it?

 

dx

[Poppay2]

blow the SD out of the water ?

 

The letter clearly stated that there was no CCA available therefore it could not be provided.

 

I still have it somewhere, but its going to take some digging out, have a ton of junk to clear out of the house, will be tackling it tomorrow, and I will be collecting up all the letters sent by various debt collection agencies, I dont throw any letters relating to debt out, just in case.

 

I feel a tad better knowing I may have something to fight back with.

 

Should I inform this person that is supposed to be coming to my house tomorrow that I have requested a CCA but none was available or keep this to myself?

[dx100uk]

that wont stop the serving of the SD

 

does the letter ACTUALLY say and state a time they ARE going to do it

 

or is it a cleverly worded letter that gives and if but threat?

 

dx

[Poppay2]

The letter contains the following:

I have been directed to serve you with a STATUTORY DEMAND IN BANKRUPTCY issued under THE INSOLVENCY ACT 1986.

I have already attended your address without meeting you.

I have to inform you that I will attend at your address above on Friday 5th April at **time to serv e you with said Statutory Demand in Bankruptcy.

 

That doesnt seem like a cleverly worded threat to me.

 

I can usually suss out the cleverly worded threats, but this one clearly states that they are going to issue me with this SD. I wouldnt be home normally, I would be at work, and as I live alone, no chance of finding me at home during the week usually.

[dx100uk]

how do they know they will succeed in making you bankrupt via an SD?

 

pure speculation.

await the morning troops.

 

nothing to worry about

 

time to start collecting info

 

if you've not got AL the statements

 

get an sar off to aqua by RD first thing tomorrow.

 

get that cra file now

 

see below

 

dx

[Poppay2]

come to think of it, I dont think i have received any statments from them for a very long time, in fact Aqua no longer exists, I think they disappeared a couple of years ago or so.

 

I have no idea how they think they will make me bankrupt, I know I dont have any spare cash, and I dont have any savings.

 

The only time I've seen an amount owing is when a new debt collector has sent me a letter, and then I note that the debt has increased, it started out at about £1800 but has grown with each new debt collector's purchase.

[dx100uk]

no dca can add anything to a debt unless they own it.

 

looking good

 

dx

[Poppay2]

Ok, cool, so, the 'owner' of the debt is the original lender? bit confused about how they can only add to it if they own it, most of them state that they are working on behalf of Cbot, perhaps its Cbot that is adding to it? I thought that if a debt agency bought the debt that they owned it, but I suspect my thinking here is a tad flawed?

 

ok, so, yes, cbot are on my credit file, and they appear to have increased the outstanding balance from the get go, they state the default balance was in excess of £2k, when I know it certainly was not that amount. been in default for 20 months by the look of things

 

its getting rather late, or should I say early, better try and get some sleep and start gathering info tomorrow, just when I'm supposed to be clearing the blooming house, these debt collectors really do disrupt one's life and turn it upside down. will see what later today brings. ciao till later

Poppay

 

who do I send the SAR to if Aqua no longer exists they were part of Halifax. do I sent it to Cbot? You stated by RD, was that a typo, did you mean SD, special delivery? Also do I need to send £10 with SAR? I know the CCA is £1. I can get a Postal Order as I dont have a cheque book. OK, must try to get some sleep now. laters

Poppay

[DonkeyB]

Cabot have clearly brought the account.

 

Aqua is still going, AFAIK – part of SAV Credit.

 

http://www.aquacard.co.uk/SPS327?gclid=CLTA0cCVs7YCFcjKtAodkVMAnw

 

Did you open the account online or via application form? As it is fairly recent, there is likely to be a copy somewhere. A judge at a set aside hearing may give them time to come up with the CCA or a recon. You CANNOT bank on the fact that this won’t happen.

 

In the meantime, although you have an outstanding CCA request, there seems to be a chance that you may not still have the evidence of this. So you would need to get another CCA request delivered to Cabot BEFORE you are served with an SD for it to have any effect on setting aside the SD.

 

Have you received annual statements from Cabot as required by law? Have they added any interest to the balance?

 

The lack of a CCA is not the great get-out it used to be with credit taken out over the last six to eight years as with older accounts – especially as you seem to have no other reason for defending any action.

[Poppay2]

Thanks DonkeyB

I do understand that lack of CCA is not the great get out it once was, too late for the CCA request as I was served with the demand this morning, I had no warning. I am now going through all documents in the house, no mean feat, somewhere I have some evidence of the original CCA.

 

Do I then send the SAR to AFAIK - SAV CREDIT? I've started the letter, but not sure who to send it to.

[DonkeyB]

SAR can take up to 40 days, you have just 18 days to have the SD set aside. So no desperate hurry for the SAR, but do it anyway, to Aqua. Call Aqua to check they have a record of your account.

 

Just find the CCA letter!

[Poppay2]

am working dilligently through piles of old letters and stuff, already noted that 2 or 3 dca were trying to collect at the same time but with different amounts, I doubt this will help though.

[DonkeyB]

Well, it shows they were either incompetent or trying to charge interest – they need to show a CCA that says they can charge post-termination interest, so could be useful.

 

Just build your timeline of letters.

[Poppay2]

i am about to head into work to see if that particular letter is there, I do tend to have stuff at work as I find I am more business minded at my desk.

 

I note that on one debt collectors letter I have written 'wrote */**/**' which I believe is the dca that I requested the CCA from. It could be that I have stored the letter at work in case I needed to refer to it. I hope I have anyway.

I have letters from 3 different dca 2 of them show the same amount but the third shows up to £1k more. The amount goes up and down through late august and september last year.

No financial statements from Cbot at all, found a letter notifying me they have bought the debt, but I have not recieved any financial statements from them.

Am off into work to get all docs that i have in my desk, I wont rest unless I do, after that I will have to scour the loft in case I put stuff up there. Only recently have I got my 'get up and go' back, been struggling for years to feel like life was worth living, blame it on a very bad virus several years ago. Taken years to feel normal again.

Anyway, back in a while., thanks for all your help, its spurring me on

Poppay

[BRIGADIER2JCS]

SAR should go to Halifax as the original creditor Cabot will have very scant details only from the date they acquired the debt.

[Poppay2]

Should I send it to the Edinburgh address that I used to get my statements from?

 

Ok, result kind of.... I have letter from dca stating... 'We refer to previous correspondence and confirm that at this time our client is currently unable to prove a signed copy of the agreement relating to this account.' lucky still have the envelope as there is no date on the letter, the envelope is date stamped 16/2/11.

 

just found another letter from same dca dated day after and it says...

'Thank you for your recently received letter, requesting a copy of your credit agreement pursuant to the Consumer Credit Act 1974.

 

Please note that certain accounts are excluded from compliance with Part V of the Consumer Credit Act or are not in fact credit or hire agreements and we believe that our client's account falls into one of these categories.'

 

Then it asks me to pay immediately..

[NailPost]

Assuming you've not been served with the promised SD then?

[Poppay2]

I have been served with it at 10.30 am this morning. , just trying to sort out my next move

[dx100uk]

are you seeing discount letters

 

and keep an eye out for letters called NOSIN [notice of sums in arrears]

or penalty [£12] charges letters

 

don't forget PPI can play a part here too

 

dx

[Poppay2]

Yes there are also letters offering a discount, but those are separate to the afore mentioned letters.

I will go through them all again tomorrow, spent 8 hours solid sorting through everything to find everything relating to this. I have some cbot letters, but most correspondence from 5-6 different dca.

Havent, noticed any NOSIN or penalty charges, except maybe from Aqua before cbot bought it.

I did try to negotiate payments with Aqua, but despite sending in an income/expenditure form they never got back to me.

Went to post the SAR but post office shuts early (its in Waitrose) now, will pop down tomorrow and send it.

laters

Poppay

 

PPI had crossed my mind too, should be on statements from Aqua, will go through them tomorrow.