Cabot re lloyds credit card -Illegible agreement - comments please!

[senequier]

Hello anyone out there who knows what's what re CCAs and DCAs etc

- will cut short a long story,

 

 

an original creditor defaulted me 2/3 years ago on a credit card debt,

on assigning the account to a DCA, registered amount owing at £0.

 

DCA wrote demanding payment of original debt and I replied giving reason I believed debt to be unenforceable - DCA replied saying would look into this and usually required 4 months to do so.

 

At end of 4 months, I noticed DCA had 'updated' the default, with original amount said to be due, without notifying me, this being some 5/6 weeks ago - still have had no reply from DCA

 

 

- is this in accordance with any of the various terms of credit card acts etc?

- or should I have been written to prior to default being updated

 

 

- I did read somewhere you could only be defaulted once per debt-

 

More than grateful for any comments on this - thanks in advance.

[Old Cogger]

they will update the Default with their name BUT the original date/amount stays the same they are now the new owner,

 

Unenforceable is no in court (if correct) but the factual situation i.e. monies owed stands for 6 years on a CRA report, just means if only if pre 2007 then the enforceable/unenforceable question comes into play i.e. actual signed agreements etc

[AndyOrch]

Hi senequier and Welcome to CAG

 

I have moved your thread to the appropriate forum...please continue to post to your thread here.

 

Regards

 

Andy

[senequier]

Thank you,Old Cogger - debt definitely pre-2007 - still waiting for something in writing,so doubtless will post again on receipt -

Reply appreciated -thnx again -S

[senequier]

Thank you Andyorch - appreciated - was not sure where to post,but obvs do now - thnx again - S

[Bazooka Boo]

DCA's are powerless, and they're definitely NOT bailiffs.

 

Who is the card with?

 

Have you reclaimed any of the penalty fees and charges that may have been added to the account?

 

Have you sent them a CCA request, in writing?

 

Stay OFF the phone, only deal with this in writing, if they ring, laugh and hang up.

[senequier]

Thanks for reply Bazooka Boo

- original creditor passed this to various DCAs

- I asked last one for copy of CCA

,nothing was forthcoming,

and DCA then told me they were passing account back to OC

 

;OC sat on it for some time,

then wrote to say debt had been assigned to new DCA

(should I say who debt is with now - not sure,new to this);

 

I told new DCA, now owner of debt ,this was why I deemed it unenforceable (pre-2007 card) -

 

this is when they said they had a time scale of 4 months to look into matter

- at end of 4 months ,default updated, but nothing sent to me in writing, now 5/6 weeks after.

 

No penalty fees or charges were ever added ,for reasons unknown.

All best,S

[dx100uk]

OC and present owner please

[senequier]

OC - Lloyds,assigned to Cabot - thanks for any help dx100uk -

Regds,S

[dx100uk]

ok so lets resit this

 

cabot bought the debt

 

Lloyds defaulted it and sold it

when they did, it will show £0 as they've written it off

and reclaimed it against ins/tax .

 

the Buyer will inherit the defaulted date and can update it but not change it.

the balance is however still outstanding so they can report it and doesn't have to tell you anything

 

CCA request time me thinks.

 

when was the card taken out?

[Bazooka Boo]

Sit on your hands, withhold any payment you're currently making.

 

Have you evidence of sending the CCA request?

 

Which DCA did you request the CCA from?

 

Have you ever reclaimed all of royds fees/charges on this account?

[senequier]

Thank you for that - card originally taken out Jan 2003 - I have pointed out to Cab some 5 months ago that no CCA was produced by a previous DCA acting on Lloyds' behalf,but I have had no reply to this.

 

- haven't made any payments since 2012

- have copy of letter dated May 2015 requesting copy of CCA from a previous DCA (Robinson Way) ,

 

reply from DCA same month saying they were requesting it,

followed by two more letters saying still requesting it,

before final letter saying simply they were handing account back to OC.

 

Have never claimed any fees/charges as it seems the last balance has stayed the same. Many thanks again,S

[Bazooka Boo]

Then, IMO, you should ignore anything that anyone sends you regarding this, until they have satisfied your request for the CCA then they're unable to take any legal action.

 

All though they like to push the limits of legislation they will undoubtedly continue to act with near impunity until such time it is pointed out to them.

[senequier]

ok,brilliant - thanks so much for that - wish I had found this site 18 months ago! but better late than never - S

[senequier]

One final thought (for now) Bazooka Boo

- if an OC has been unwilling/unable to produce a copy of a CCA for some 18 months

(I read somewhere these should be produced within 12/14 days),

 

and then produce one,

how can one be sure this has not simply been rehashed somehow?

 

Obviously,it must be pretty easy to reconstitute just about anything?

All best,S

[AndyOrch]

A reconstituted version will not contain your signature.

[senequier]

Thanks Andyorch - it's just that I'm not too trusting.....

All best,S

[Bazooka Boo]

DCA's and Trust, don't go in the same book, least of all sentence!

[theoldrouge]

https://www.handbook.fca.org.uk/handbook/CONC/13/?view=chapter

[renegadeimp]

If cabot have the debt, then something is definitley wrong with it. They rarely ever enforce legit debts.

[senequier]

ha ha

 

will keep you informed as we go along....but,thank you renegadeimp!

 

Thank you,theoldrouge

- have just printed that off

- it's just that after,say,20 months,I would be mighty suspicious of whatever might be produced -

 

- have just re-read your link a bit more slowly,and it seems firms have amazing licence in reconstituting agreements

- a 'true copy' does not mean a true copy,

no signature required,

Ts and Cs just need to be those applicable at the time etc

 

 

- I read all the time of copies of CCAs not being produced on request, thereby rendering debts unenforceable, but if it's so easy to rehash an agreement

- or should I say reconstitute

why don't firms rehash more and enforce?

- any opinion?!

All best,S

[dx100uk]

enforceability under the CCA is one thing

if a recon would stand up in court is another totally different animal.

 

esp when many of the parts of the recon were not 'what' the punter actually received

but what they found in old filing cabinets and typed on punters details to try and kid them.

 

a recon must be authentic, not a bodged up fake using cut n paste.

[senequier]

ok,great stuff -thank you again dx100uk

[senequier]

If you have not ever received statutory notices headed “Notice of Default sums” which apparently should be sent at least once a year, how big a deal is it?

 

 

I assume it would not render a debt unenforceable

- if any such notices were sent in my case,

they would have been sent to a company who purported to have taken over my credit card debts (for a fee)

- this company ceased trading so the various card companies started to come back to me.

Any comment gratefully received.

[AndyOrch]

Notice of default sums

 

Section 12 of CCA 2006 applies to situations where a debtor or hirer under a regulated agreement incurs a default sum.

 

A creditor or owner must give the debtor or hirer a notice in the specified form when a default sum becomes payable as a consequence of a breach of the agreement.

 

This only applies where the default sum exceeds a specified amount.

 

Additionally, a creditor may only require a debtor to pay interest (in connection with a default sum) 28 days after the day the notice was given to the debtor. So if the creditor fails to give notice to the debtor then he cannot enforce the agreement until notice is given.