Being bombarded with letters / calls from CABOT re vanquis debt

[Zoepaulpenny]

HI this is my first posting, and i hope i have posted into the correct forum.

 

Now this is my delema i will try to keep it short, and any help from members, which can help

Me resolve this situation i say thank you in advance,

 

Right about 5 years ago my partner filled in an application form

And got me a credit card which she used and made the necessary payments every month

 

Then we moved from stoke, to kent and unknown to me she stoped makeing payments on the card,

 

Now she kept the card, and dealt with all fiancial outgoings.

 

After 3 years in kent, my partnet died and this was nove 2014

 

I moved to cheshire and now currently live with my wife.

 

Since may of this year

i have been recieving letters from cabot wanting to confirm if i have Moved into my new address,

i did not respond to these letters,

 

Now the phone rang 2 weeks ago and the wife answered it,

she handed the phone over To me and said it for you..

. it was cabot i hung up after saying i dont accept unsolicited calls

 

2 days ago i received my latest letter from them,

they said now they have confirmed my address they want payment of the debt which they bought from vanqis card

. they want me pay the amount in full £1250.00 or regular payments..

 

Now my wife is disabled and house bound, and on benefits, i am now out of work .

. and still mourning my partners death..

 

 

so the debt is about 5 years old, and i think about the same time a payment was made of the card..

 

 

should i get in touch with cabot?

Where do i stand,,

 

 

help please..

Edited December 11, 2015 by Zoepaulpenny

[unclebulgaria67]

If the debtis in your name

you could send a CCA request to them and see what they come back with.

 

While the request is outstanding, it will put debt collection on hold.

 

Click on the CCA request link for the letter,

which you need to send off with a £1 postal order.

Get proof of posting from the post office if you can.

 

When you move and register with Banks etc,

it shows your new address on your credit record,

hence how they have traced you.

[Stigman]

Hi & Welcome to CAG,

 

I am taking it that the card account was in your name and your partner at that time had a linked additional card to your account in her name?

 

You need to send Cabot a CCA request, enclose £1 postal order.

Template CCA request is here... http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

When Cabot come back with a reply, remove your personal details & anything that can identify you such as barcodes, account numbers etc. scan in & post up.

 

Never get in touch by the telephone, always by writing only.

 

If you ever have to pay anything, because of your financial situation Cabot would only be entitled to £1 per calender month.

 

Stigman

[Zoepaulpenny]

If the debtis in your name you could send a CCA request to them and see what they come back with. While the request is outstanding, it will put debt collection on hold. Click on the CCA request link for the letter, which you need to send off with a £1 postal order. Get proof of posting from the post office if you can.

 

When you move and register with Banks etc, it shows your new address on your credit record, hence how they have traced you.

 

Hi thanks for quick reply, two points first i never had a bank account in stoke or in kent,

I have only opened an account within last twelve months..

 

Secondly what is a CCA ? And yes debt is in my name

[dx100uk]

CCA request

all will be explained.

 

I'd be getting your credit file too

see below noddle is free.

 

it might pay you to also send an SAR to VANQUIS.

 

again read all the posts in that thread too.

 

just remember

a DCA is NOT A BAILIFF

 

they have

NO SUCH LEGEL POWERS.

 

could be vanquish littered the debt with all manner of reclaimable things

like Late/over/letter penalty charges

and their spoof PPI called ROP>

 

could be they owe you not you owe them.

 

was this an online sign up?

 

if only she used it and it was only paid for from bank accounts in her name not yours

it could be classed as fraud

which is why the original creditor has sold it on

 

what we call a lemon debt.

 

dx

[Zoepaulpenny]

Just a quick note before i start reading all the info,

 

I can remember my partner at the time filling in a form which she aquired from junk mail

 

This was the application form for the credit card

 

We only had the one card in my name , which she kept and used. I of course agreed

[dx100uk]

still follow the advise

[goodatresearch]

Did you sign the application form

[dx100uk]

if its post apr 2007 wont matter

 

 

dx

[goodatresearch]

He said his former partner filled out the junk mail application and the card was used by her. Therefore if she signed his name then it will matter. Just because an agreement was taken out post 2007 doesnt mean fraud is now legally enforceable against the defrauded party. I'm not saying that is what happened but we need all the facts.

 

So did the OP sign the agreement and use the card. If yes we need to establish the last payment. If under 6 years then the OP should try and agree monthly payments based upon ability to pay. If no, then we need to look at this again

 

 

 

if its post apr 2007 wont matter

 

 

dx

[dx100uk]

yes...what does 'I ofcourse agreed' really mean...

that's what I was eluding too.

[sillygirl1]

Even if it is under 6 years, given the OP's circumstances it is NOT advisable to suggest making even a token payment - clearly this needs to be looked at first before decisions regarding the OP's liability for any payment is made.

[Zoepaulpenny]

Morning, just catching up on posts, just to try snd clear a few posts questions

 

Firstly last payment made was the minimum payment about 4.5 to 5 years ago

 

I cannot be absolute certain i do not have any documentation or letters

 

Did i sign the application form ? Yes i think i did .

Did i use the card yes in an Atm

 

I did not keep the card, nor was i making the repayments, as i at the time was making the fianacial outgoings..

 

After i have requested the CCA and i get it back . What happens then? Thanks

[unclebulgaria67]

If you receive a copy of the original CCA in your name and payments have been made during the last 6 years,

then the debt may well be enforceable in a court, if it got that far.

 

But you need to take one step at a time and don't rush into anything without getting further advice.

 

Many consumer credit debts are never enforced, because there are so many of them and it would be impossible to issue court claims for every one.

 

But don't assume that they won't.

 

It is a case of looking into each individual case and deciding best course of a action.

 

Send the CCA request and report back to this CAG thread if any response is received.

[Zoepaulpenny]

Thanks for swift response,

 

i apologise for all typos and spelling errors, not use to typing on a tablet

 

The request will be posted on monday morning,

 

so i get back to this forum when further advice is warranted,

 

but thanks for all advice and reply's..much appreciated

[Zoepaulpenny]

Been told by so called friends, lol that any debt collection agency can if they

So wish, can get into your bank account, and claim all your cash.. is this true?

If it is ...it is alarming and worrying..

[Bazooka Boo]

Ha ha, enlighten your so called 'friends' that nothing could be further from the truth, DCA's have absolutely NO legal POWERS to do anything, OTHER than send out foolish puerile missives designed to intimidate and exploit a debtors lack of knowledge.

 

Get in to your bank account, ha ha ha ha please! Tell them to stop watching the gogglebox and believing the rubbish they see in films, this isn't CSI...

[dx100uk]

well unless you have stupidly used your debit card to pay one before over the phone.

 

then they have the details and can use the Continuios Payment Authority

that then gives them to empty it.

 

very rare,

very much too dodgy for a DCA to do this.

and

I think

would cause them to be shutdown or severally reprimanded and fined by the FCA/FOS.

 

dx

[Zoepaulpenny]

No have not given the DCA any details as i have not spoken to them,

On the phone or otherwise..

 

another question had been raised

 

what IF cabot sends someone To my humble abode,

 

can i ignore him,

tell him go go away,

or talk at the door.

 

What is the best approach if anyone did turn up thanks again..

[dx100uk]

but did you use your card on their websites at all?

 

as for DCA doorsteppers

 

they are NOT BAILIFFS

 

and like all DCA's have

NO LEGAL POWERS WHATSOEVER.

 

tell them to leave your property or you'll call the police

 

you should NEVER EVER discuss your debts on the phone nor at your door

 

you are under NO legal obligation to do so

 

dx

[Bazooka Boo]

If some foolish unsolicited stranger does turn up at your door, 'extremely unlikely', then take their photograph, the threat of a doorstep collector is just that now a days, a petty puerile meaningless thereat in a very shallow attempt to get the debtor to panic and call them so they can be abused over the phone by an immature bully!

[Zoepaulpenny]

but did you use your card on their websites at all?

 

as for DCA doorsteppers

 

they are NOT BAILIFFS

 

and like all DCA's have

NO LEGAL POWERS WHATSOEVER.

 

tell them to leave your property or you'll call the police

 

you should NEVER EVER discuss your debts on the phone nor at your door

 

you are under NO legal obligation to do so.

dx

 

No i can safely say i have not made any payments via phone, letters, or website,

If i were to make payments it will be by payment book, or other means not involving

A credit or debit card..

 

By the way i have sent my request by recorded delivery, cost £1.78

Postal orders are £1,50 she tried very hard to get me to pay £6.90 for next day delivery

As i had a pound postal order inside. Nice try post office..

[dx100uk]

should have done free proof of posting

no need to use recorded

 

 

dx

[Zoepaulpenny]

Think some members mentioned using recorded,

and i think it is also mentioned on the template.

But ay its been posted now

[Zoepaulpenny]

Just found this snippet of info from one of Cabot letters.

 

Vanquis agreement date 11 8 2008

 

Then it saids date assigned 8 11 2011

 

anyone enlighten me on the situation.

 

Thanks