Halifax CC debt sold to Cabot

[Outadebt]

Hello

 

 

I have / had a credit card debt with Halifax which was defaulted over 5 years ago which I have been paying a small amount since direct to Halifax (debt is still in 5 figures). For some unfriendly reason the Halifax recently sold the debt to cabot. I received a letter from Halifax and in the same envelope was a letter form cabot also - so I do believe the debt has infact been sold and my credit file does show the Halifax acct as 'settled'.

 

 

My questions though is it worth sending cabot a s77/78 request before I start paying them? having brought this debt, as it is a large amount I would expect they want to know they can legally claim it before doing so?

 

 

The amount stated on their letter is also wrong (in their favour) by a small amount, but could just be as payments / letters have crossed. And if I do want to make payments, why do they not have their bank details on the website - they are essentially forcing people to make contact.

 

 

I suspect I will have to continue paying this debt down (which is fine) but as is the case, just want to ensure it is all legal before doing so - thoughts appreciated.

 

 

Regards

Outadebt (oneday)

[fkofilee]

Always send a CCA Request

[renegadeimp]

Chances are that the right paperwork won't be there and is likely to be full of charges. Cabot rarely hold enforceable debts. Do your footwork now before Cabot get greedy, see the amount and try and push a claim through

[theoldrouge]

when was the acccount originally opened?

[dx100uk]

Sar too haliprats too

Before the info hits the shredder!!!

 

Dx

[Outadebt]

Hi

 

 

The acct was originally opened in 2004. So cabot are likely to buy a debt of over 10k without validating it is enforceable first? I can raise the s78 and see where we go with it.

 

 

Regards

Outadebt.

[dx100uk]

You are just a line on a database that the PC spews its threats out to

Hoping to spoof a mug

No humans involved

 

Dx

[renegadeimp]

Hi

 

 

The acct was originally opened in 2004. So cabot are likely to buy a debt of over 10k without validating it is enforceable first? I can raise the s78 and see where we go with it.

 

 

Regards

Outadebt.

 

Cabot buy debts in massive numbers. They then chase the ones that have large amounts. Cabot do not care if a debt is unenforceable or if it is enforceable. They just want that money, any way they can. Thats why CAG exists, to educate people to their rights, so companies like this make less and less money.

[intend]

Think they might have sold lots recently - my Lloyds CC was sold despite payment agreement, like you both letters in same envelope.

[renegadeimp]

Good thing the new owner is obliged to continue the agreement. However, since its been sold for pennies, if they contact you, you can say sure, and make a much lower settlement offer. If they refuse .. " oh thanks for reminding me to look into my finances, i can only afford £1 months now. cheers!"

[Outadebt]

After a number of weeks I have received response from Cabot to my S.78 request. - My question is - does it comply with the requirements of the request and is therefore enforceable?

 

 

Received:

Reconstituted True Copy of Credit Agreement

Statement of acct

T&Cs

 

 

From another forum I believe they should send

 

 

A S78 Request must contain

A copy of the original agreement or if not available a copy of what the agreement would have looked like

A copy of terms and conditions at the time the debt was taken out

A copy of terms and conditions at default/current

A signed statement of account i.e amount owed and state of the account, not a list of all transaction

Any other documents referred to in the agreement .

 

 

The agreement sent contains my name and address now - not my address when the agreement started - does this matter?

I have no way of validating if the agreement is a copy nor if the T&Cs are from the time acct started (pre 2006)

 

 

They also point out they consider the agreement fully enforceable and can obtain a CCJ if needed.......etc.

 

 

Options as I see them

 

 

If the agreement should show my address at the time the agreement was made then the details send to me in theory would not comply with the request - is that correct? If it is, I could ignore them and see how it proceeds but probably better to send follow-up for non-compliance.

 

 

But if all they need to do is amend the address and send again - can they do this if they worked out what was wrong with it?

 

 

If we ended up in court - would this de deemed non-enforceable because of the address?

 

 

Seems like my options are somewhat limited but hopefully others will have views on this

 

 

thanks in advance.

[renegadeimp]

Pre 2006 they'd need the original, plus all terms at inception, any changes and terms at termination. Plus all the other stuff. Cabot will always try and say it's compliant because they hope you don't know any bettet

[dx100uk]

trying to fleece you

they need the signed CCA

and ofcourse it should be at the address you took it out at

not a recon with the wrong address on it.

 

 

back to the filing cabinet of saved rubbish cabot:lol:

 

 

try again

[theoldrouge]

As you have realised it does not even comply with s78

 

Typical Cabot

[theoldrouge]

Options as I see them

 

 

If the agreement should show my address at the time the agreement was made then the details send to me in theory would not comply with the request - is that correct? If it is, I could ignore them and see how it proceeds ......YES

 

 

But if all they need to do is amend the address and send again - can they do this if they worked out what was wrong with it?

.......YES but may also be other failings

 

If we ended up in court - would this de deemed non-enforceable because of the address?.........YES read Carey v HSBC

[Outadebt]

So I can send them a non-compliance letter and see what they say / do which could be

 

 

1. Restate that it is compliant and start the barrage of letters

2. Look at it and realise the obvious mistake - correct it and resend therefore making it compliant

 

 

There are a couple of other things having read it again that look wrong to me

 

 

1. Section 3 has some figures for charges for credit - which might just be an example though it does not state this - either way, I do not know what it refers to

2. There are 3 stated conditions of my rights but further on the document refers to the 4 conditions above - one missing it seems

 

 

If they fix these then they can enforce the debt it seems.

[dx100uk]

you do not send them anything.

[theoldrouge]

Yes your option 1 ,ignore them and see how it proceeds