Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
  • Our picks

mazbck

Sky/ Cabot old debt in Scotland

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1470 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

We recieved a letter today from cabot which said they had bought our Sky account. There was also a letter dated the day before from Sky enclosed in the letter saying they had sold it to Cabot.

 

Now im currently dealing with Cabot for 3 other matters and one is in court to which the court has told Cabot to get a grip, they are also very over due with the cca for another account.

 

Anyway, back to the Sky 'debt'. We moved almost 5 years ago (May 2011) but we did cancel the sky package as we weren't going to use them in the new area.

 

Cabot are inviting me to contaft them to discuss the matter and support us in managing the account. Now im al ost 100% sure theat Sky was in my name, yet the Cabot letter is address to the hubby. Its almost like they are trying to get hubby anyway they can.

 

So what is the best plan action inshould take on this.

Share this post


Link to post
Share on other sites

usual game from cabot

they see lots of debts they can pin on one person

s they giggle things around and make a few admin errors

 

 

prob think if they use these tactics, it 'll unsettle the debtor on the current court claim.

 

 

anyway

 

 

only gotta ignore them till may then and its sb'd?

 

 

if the debt was taken out whilst resident in Scotland

and you are currently still resident in Scotland

its 5 yrs and its extinguished..dead gone.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites
We recieved a letter today from cabot which said they had bought our Sky account. There was also a letter dated the day before from Sky enclosed in the letter saying they had sold it to Cabot.

 

Now im currently dealing with Cabot for 3 other matters and one is in court to which the court has told Cabot to get a grip, they are also very over due with the cca for another account.

 

Anyway, back to the Sky 'debt'. We moved almost 5 years ago (May 2011) but we did cancel the sky package as we weren't going to use them in the new area.

 

Cabot are inviting me to contaft them to discuss the matter and support us in managing the account. Now im al ost 100% sure theat Sky was in my name, yet the Cabot letter is address to the hubby. Its almost like they are trying to get hubby anyway they can.

 

So what is the best plan action inshould take on this.

 

Are you still in Scotland ? If so the debt should be statute barred shortly, if you have not paid for 5 years.

 

I would suggest not replying yet. Then if you are harassed, send a letter asking for evidence of any debt being owed e.g Sky statement of account. Advise that Sky services were cancelled with nothing owed, as far as you can remember.

 

What is the total of your debts with Cabot ? I only ask, as some DCA's seem to collect debts owed by one person and if they exceed £5k start threatening bankruptcy, particularly if they note the debtors owns a house. Not sure Cabot are known for this and DCA's have to go down the court judgement route first.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

As far as I can remember we left Sky with no out standing balance, I had paid up to date. The account was def in my name and yet this one that Cabot say we are due is in his name.

 

We are still in Scotland, so it will soon be statute barred. As for the other stuff, if you read my other post in reagrds to the Clydesdale OD, you will see they as good as got a spanking from the Sheriff here in town. The loan CCA is well overdue and I sent them a follow-up on 21st January. This latest one about the 'SKY' bill is the only correspondence from them, so looks like they are clutching at straws now

Share this post


Link to post
Share on other sites

I found with a relatives Sky debt for about £50, the various DCA's chased it for years before writing it off. It was a pain in the backside, as the relative had gone abroad and i was getting mail to my address to be forwarded on. The Sky amount was not due anyway, as the service was cancelled with nothing owed, but for some reason Sky added a sum outstanding to the account on cancellation. There was no apparent reason for this, as the account was not within a period where there was a cancellation charge.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

" There was also a letter dated the day before from Sky enclosed in the letter saying they had sold it to Cabot."

 

Whose named as the account holder on that one ?

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

I had one of these letters from SKY/Cabot for £13 in January 2016. I have been doing my own DMP since 2009 and I know for a fact that I do not owe a penny. I know that the general advice is to ignore the DCA but as I have two accounts with Cabot I decided to poke them with a stick and emailed them to prove it.

 

It has taken them a few weeks to respond by postal mail and they say that in Conclusion:

 

Unfortunately I am unable to contact SKY and obtain any documentation or clarification from them in order for me to resolve this matter for you. Upon review of this I have made the decision to remove this account from our collections process. You will not be contacted by Cabot Financial Limited or its agents in relation to this account.

 

 

Well I can still access my old SKY account online and it shows a zero balance as it did when I cancelled SKY in 2009 and I have a screen print showing the final payment I had made at that time in 2009 and a clear balance.

 

Even if this £13 was outstanding it is approaching nearly seven years with no contact from anyone apart from SKY offering deals to come back but no mention of any outstanding balance.

 

Now I expect them to flog this none existent debt? well if so its a case of prove it still and it is statute bared anyway.

 

Just a little surprised at the response though but pleased.

 

Many thanks to all on here, even though I dont usually post I have learnt how to deal with debts and the collection companies and I self manage my DMP but it is down to all the help and advice on here that helped me take control and deal with my debts. So many thanks to all at the consumeractiongroup.

Share this post


Link to post
Share on other sites

Excellent sean...kind words....delighted that we have proved effective...Cabot appear to be really desperate at the moment and will chase anything with a £ sign on it:wink:

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Sorry just gotten back online, the sky letter and cabots letter is in my husbands name, even though sky was in my name.

 

Today a letter from Advantis came through claiming to be collecting on behalf of their client Cabot...

 

Time is now 45 days to the debt being definitely statute barred as thats the anniversary we moved and thats exactly 5 yrs to being with our new provider. Its more than likely already statute barred, but I knw by then it will be.

Share this post


Link to post
Share on other sites

so extinguished..does not exist

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...