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

[dx100uk]

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.

 

 

ah so you were in a fee paying DMP?

 

 

who?

[senequier]

Many thanks Andyorch - maybe a bit more ammo for me - Yours,S

[senequier]

Highbridge supposedly took on my debts in their entirety (I would never be bothered again etc etc),then folded -

well,I was bothered by every creditor!

 

surprise surprise - on a no win no fee basis, a party is going after Highbridge for me and a few hundred others

- I sued the party who introduced me to Highbridge in small claims track and was successful but that is small fry.

 

But Highbridge did treat matter as a DMP, acting on my behalf - not quite the same thing as taking on the debt IMHO -

 

But thanks for reply dx100uk

[dx100uk]

oh god not that lot..

 

 

class action?

thought that had been quashed by grant thorntons long ago?

[senequier]

Supposedly a company called Fountain Templar succeeding in getting results

- not my words, and I haven't heard direct since I signed up! ( 15 months ago!) so, not holding breath

- personally, cannot understand why the Highbridge lot have not been brought to justice one way or another

- but thanx again dx100uk

- must also say that I have looked at 3 or 4 other sites like this, but this is by far the best - no BS!!

[senequier]

Hi Andyorch - just re-reading your comment - This only applies where the default sum exceeds a specified amount - I can't find out what this sum is - would you know what it is?

Thnx,S

[AndyOrch]

See no 11....

 

http://www.legislation.gov.uk/ukpga/2006/14/pdfs/ukpga_20060014_en.pdf

[senequier]

Thanks for that Andyorch - but I'm not seeing any specific amounts mentioned - I am left with 2 situations at mo,one around £10k and the other around £16k - obvs,I am assuming (but don't like to) these would have merited default notices - Yours,S

[AndyOrch]

Well it only applies if they try to enforce the agreements in court....Im a little lost as to why you are looking at this Legislation?

[senequier]

Thanx for that Andyorch

 

 

- 2 debts were assigned to Cabot last summer

- I wrote to say why I thought neither was enforceable and had replies saying they would look into matters

- over 6 months ago now, and no further contact.

 

 

Meanwhile,

I started reading this site and also realised no default notices or annual updates were ever sent to me,

 

 

I thought if Carboot came back saying in their view enforceable,

I would throw that back

- I don't know if they could themselves retrospectively send out default notices or whether they can only come from original creditor,

 

 

as my impression is OCs won't generally go to too much trouble to dig out old paperwork for DCAs.

 

All best,S

[AndyOrch]

Okay Im with you now and understand why you looked at this.

 

What you have to bear in mind is when a debt is assigned to a DCA...Its a DCA thats all... a debt collector a chaser of money...they are not concerned with legislation and what they should be doing in order to comply with their credit licence....or to comply with the Credit Consumer Act 1974 even though they should adhere to it.

 

They cant issue default notices ..they cant add anything to the debt amount...all they can do is change the name of the OC on your Credit Reference Files to theirs and update the information accordingly until it reaches its sixth anniversary.

 

They cant correct any errors that the Original Creditor may of fallen foul of in administering your original agreement.

 

They hold no documentation with regards to the agreement..that remains with the Original Creditor...when they purchase your debts for say 10p in the £ which is all it costs them...they simply get a print out with your name address account number and debt amount...and possibly default details.....nothing else.

 

This is why they come unstuck when they try to capitalise on your debt by issuing a court claim and you defend it.....

 

Regards

 

Andy

[senequier]

Many thanks Andy - great to read that sort of thing - you certainly learn something new all the time here - keep up the good work!

Doubtless,will be back sometime!

Yours,S

[senequier]

Am just kicking off here at present hoping to see an URL number so I can send a copy of an application form for a credit card for the site's inspection/advice as to whether it is enforceable.

This was sent in response to a request for a copy of the original credit card agreement.

Will be back once I hear as to whether this is enforceable or not.

But many thanks in advance for any comments/advice/help.

[AndyOrch]

Thread moved to the appropriate forum..if you tell us which company senequier then we can place you in the correct forum.

 

Regards

 

Andy

[senequier]

Lloyds,Andyorch - I thought I had sent a copy of application form but am wondering what on earth I did as I can't now find any sign of it - wrong generation for computers...

[AndyOrch]

Thread moved to Lloyd s Bank Forum.

[dx100uk]

follow the upload

[senequier]

A debt was assigned to a DCA

- it has taken a year to produce 2 sheets of an agreement which is mostly illegible,

 

they appear to think they are covered by saying the original would have been sent to my home at time of application (10 years ago).

 

In their view, this debt is enforceable and I am asked to get in touch to arrange repayments - if I do,they might be able to reduce the amount owing......

 

Would welcome any comment/advice -

Many thanks

[AndyOrch]

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

 

Regards

 

Andy

[renegadeimp]

Please give more background on the debt and post up what they sent please.

 

The offer of a reduced settlement is also very telling

[dx100uk]

2 sheets of whatever they Are doesn't meet an enforceable CCA Return

[lookinforinfo]

When did you make your last payment or acknowledge in writing that you accepted the debt? Did you send the DCA a CCA request along with the £1 payment? What date did you send it?

If you did send a CCA request, two sheets in response regardless of their legibility is insufficient. That would put them in breach of the Act and there is no reason for you to make payments until the request has been correctly complied with.

 

To give you an idea on what you should receive and the situation when you don't receive the requested information the FCA have issued a booklet

the relevant part is -

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

13.1.4 onwards is perhaps of most interest.

[senequier]

Hi Renegade - thanx for speedy reply - can I send you that on PM - just a bit concerned if DCA trawl through these sites?

 

Thank you - I did wonder as on another one,I was sent about a dozen sheets of stuff - but that's great,for starters!

 

Thanx lookinforinfo - just been reading that link - but if I answer your questions here,I'm just a bit concerned the collection agency could also read the questions and answers - and I'm not an expert on computers and files etc - apologies,wrong generation!

 

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

 

Regards

 

Andy

 

Reply appreciated - what forum is this - am hopeless on computer,apologies

 

2 sheets of whatever they Are doesn't meet an enforceable CCA Return

 

Thank you - I did wonder as on another one,I was sent about a dozen sheets of stuff - but that's great,for starters!

 

When did you make your last payment or acknowledge in writing that you accepted the debt? Did you send the DCA a CCA request along with the £1 payment? What date did you send it?

If you did send a CCA request, two sheets in response regardless of their legibility is insufficient. That would put them in breach of the Act and there is no reason for you to make payments until the request has been correctly complied with.

 

To give you an idea on what you should receive and the situation when you don't receive the requested information the FCA have issued a booklet

the relevant part is -

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

13.1.4 onwards is perhaps of most interest.

 

Thanx lookinforinfo - just been reading that link - but if I answer your questions here,I'm just a bit concerned the collection agency could also read the questions and answers - and I'm not an expert on computers and files etc - apologies,wrong generation!

 

Please give more background on the debt and post up what they sent please.

 

The offer of a reduced settlement is also very telling

 

Hi Renegade - thanx for speedy reply - can I send you that on PM - just a bit concerned if DCA trawl through these sites?

[renegadeimp]

Doesnt matter if they do trawl the sites. THey cant do anything. Post it up and redact all personal identifiers and reference numbers. Blank out the amounts if you want too, so they cant trace it if you think they can. CAGS policy is to put everything on forum, not PM.

 

we need background on it, as a compliant agreement, be it before or post 2007 needs to be in a specific format and have certain documents.

[dx100uk]

Told you stop playing secret squirrel on your other thread