HFC (Marble Loans) cabot/restons - statute barred?

[battyman]

My friend had a loan with HFC, Marble loans in 2004.

 

A few years ago she sent a CCA request to them but never heard anymore from them.

 

They have been selling the debt on to various DCA over the years

now they have got heavy and Restons are involved.

 

They have said they are going to apply a Charging Order to her property.

 

She does not have the original paperwork of the original cca request.

 

They sent a letter before Christmas saying she had until the 22nd December to reply to their request and then they will take her to court.

 

Not sure if things have changed now and you can still request cca or if I need proof of original letter?

 

Should she send a SAR to HFC or Marbles Loan with a hope there is a copy of the original cca request or maybe send a new cca request?

[dx100uk]

whats the point in an SAR???

nothing to do with HFC anymore

[bar ofcourse reclaiming the PPI they charged her I bet]

 

 

HFC would have only sold the debt on ONCE.

 

 

what the new owners did with it

it upto them.

 

 

read the letter carefully

it DOESNT say the WILL go for a charging order

it says MAY this and that.

 

 

they'd have to get a CCJ first anyway.

 

 

and with an HFC loan , fat chance of any paperwork being around thoday.

hfc shredded them years ago to hide the PPI scandal they caused everyone.

 

 

she could sent a CCA request to rectums..

but if shes not paid anyone in 6yrs

and neither written to anyone in that time.

 

 

then te debt is statute barred

 

 

let them sabre rattle....

 

 

if they are stupid enough to issue a claimform

the SB defence will kill it dead.

 

 

dx

[battyman]

Thanks for your reply Dx

 

 

I think she has paid them a few pounds once or twice over the years,

so don't think its statue barred yet.

 

 

So it might be worth sending a cca to Restons?

 

 

If they start court proceedings in the meantime of her sending the cca can they still take it to court if you have requested the cca?

[dx100uk]

yes sadly.

 

 

restons don't give a monkies.

 

 

you say she paid 'them'

 

 

who and when?

 

 

when did she last pay HFC directly

when did she pay any DCA/fake tame sols?

 

 

could there be a period of 6yrs between any dates?

 

 

dx

[battyman]

I will find out when and who.

 

 

She has just told me she had a statement from HSBC in 2015.

 

 

I appears they sold the account to a debt collector and then the account was sent back to HSBC.

 

 

I wonder if that was because she had sent a cca and they couldn't come up with it

so debt collector sent it back to HSBC?

 

 

They have recently resold the debt to another debt collector

and they have passed it on to Restons who have made the threats.

[dx100uk]

ah that old game.

 

 

well the defaulted date should be from when HSBC registered it

not any later DCA.

 

 

a DCA nor a debt buyer can reset an OC's original default date.

 

 

let me guess, cabot are rectums client?

[battyman]

Yep they are!

 

So she paid £5 to HSBC when she got a letter from them and statement in March 2015.

 

Should she still send a cca to Restons or ignore them?

 

Cabot have added more fees to the loan too.

 

When you say the date is from when HSBC defaulted do you mean as far as statued barred is concerned?

[dx100uk]

theres no direct link between defaulted date and SB date.

 

sb runs from last payment or last signed letter from her

regarding the debt.

 

so she paid £5 in march 2015

when before that was the previous payment or use?

 

dx

[battyman]

She hadn't paid since 2006 before the £5 she paid in 2015

[dx100uk]

great news then!!

 

it was statute barred when she paid in 2015

and NOTHING

not even a judge can unbar a debt.

 

end of the problem.

 

dx

[battyman]

Thank you for your help dx100uk

[renegadeimp]

Yep, Just tell restons its statute barred, and ANY further action will be robustly defended. They will either discontinue ( but send another letter), or they will try and claim a ficticious payment was made in 2010-1011.

 

Whatever you do, do not give them dates or any info. Just a simple letter that the debt is SB.

[battyman]

Thanks for everyones help.

 

 

It has now come to light after looking at my friends credit file,

there are 2 loans that are more or less for the same amount and were both updated in December 2015.

They are both with Cabot but she has only had the letter regarding one loan.

 

 

The letter from Restons are saying the account was defaulted in 2010, so that becomes statue barred in April 2016,

but we have no idea if any of this is true as there are no account details on either loan.

She has only had one loan but how on earth do you prove this.

 

 

I am just in the process of doing a cca request instead of the Statue barred letter as she is so unsure and confused by it all now.

 

 

Can anyone tell me how you digitally print your signature?

She is worried that Restons will take it to court in the meantime of her getting anything back regarding the cca

but apparently we cannot do much about that.

 

 

Is it worth doing a SAR at the same time as the cca?

 

 

Should I send the cca to Restons or Cabot?

[renegadeimp]

If you sent a CCA and there was no response, then they are in default and cannot take court action until they provide one.

 

Also restons ALWAYS give the wrong info when you ask them.

[battyman]

Thank you for the reply. I haven't sent the cca yet just in the process but I am not sure how you do a digital signature, any idea? So do I send the cca to Restons or to Cabot who owns the debt?

[renegadeimp]

You send the cca to whoever chases you. Restons do not care about the circumstances of the debt. They just want judgement by default so they get their money.

[battyman]

Can anyone advise me how I apply a digital signature please

[battyman]

Does anyone know please if Cabot and Marlin Europe are the same company. My friend has both of them chasing her for a debt and I am going to send them a cca, but the above have passed the debt to Restons so just don't know who to send the cca to. Should I send it to Restons, Cabot or Marlin. Had letters from all 3 over the last 3 months. Looking on her credit file it says debt owned by Cabot? Any help apprecitated

[Sidewinder]

Cabot bought Marlin some time ago and are now known as Cabot Financial (Marlin) Ltd

 

CCAs go to Cabot at their Worthing address I think - basically whichever address is on their latest letter.

[battyman]

Thank you for your reply. I cant use the digital signature. If I print it will that be acceptable

[Bazooka Boo]

You should ALWAYS print your signature when dealing with DCA's, there is NO legal requirement for you to sign any correspondence to them,

they will often claim the opposite, but that's just to see whether or not you know your onions.

[dx100uk]

you don't sign a CCA request at all

read the full CCA request thread

 

 

however why are you changing tact.

 

 

dx

[dx100uk]

re post 9

[battyman]

Thank you Bazooka Boo.

[battyman]

Sorry dx.

Its a bit of a mess

the info she gave me before was for her husband and she thought it was hers!!

 

 

her loan was with HSBC in 2005

 

 

it was sold recently to the DCA

and passed on to Restons who said they were going to put a charge on her house.

She doesn't know when she last paid them.

 

 

I told her to go onto a CRA and look what it says on there.

Its says about Merlin/Cabot buying the loan and defaulting it in 2010.

It doesn't give any other details, account numbers or anything,

infact there are two loans but with one for £3006 and one for £3300.

I think they are the same loan.

 

 

Merlin/Cabot are only chasing the £3006 loan.

 

 

I wonder how she can find out if there has been any payments made, correspondence.

I thought I would start with the cca.

 

 

I have read that you have to send a SAR to the original, which would be HSBC,

could you confirm that please?

 

 

Sorry for all of the confusion but hopefully I have unravelled everything now!