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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.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.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £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   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.
    • 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.    
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Gwolst77

Santander overdraft debt sold to Cabot

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Just received a letter from Santander stating my overdraft has been sold to Cabot

 

The letter states that Notice of Assignment will be forthcoming from Cabot

 

In the same envelope was a welcome letter from Cabot stating the usual things about 'how my experience Cabot will be different' blah, blah, blah.

 

The account was setup in 2005 and the overdraft is approx £5400

 

The last payments to the account I am aware off would have been Jan/Feb 2013

 

Not sure what the process is regarding overdrafts and what documentation is required etc to prove in court, so if it's a different ball game compared to a typical credit card or catalog debt then I would really appreciate the heads up regarding what to expect now.

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tell us a bit more of the history please

 

 

when did you open the account.

how much of this might be OD fees etc that you don't owe

 

 

how much is owed


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

 

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Balance is just over £5400

 

The account was opened April 2006 and the overdraft was made available when I opened the account, I think the OD limit was £5000 to match the bank account I was leaving (can't really remember it was defo greater than £2000)

 

The last money credited to the account I know off was early 2013 (around Jan/Feb)

 

In terms of fees etc, the balance that I remember the overdraft was around when I stopped using it and the final balance that has been sold on it's probably around the £500 - £750 mark.

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I think id be sending satans bank an sar get all the statements

has it always been a satans bank account or was it abbey or something else


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

 

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Hi

 

Will do the SAR, not had any letters directly yet form Cabot but they have phoned me on my mobile and sent a text.

 

God know's how they got my number, as nobody has it and I don't give it out.

 

Can somebody though give me some advice on the likelihood that the OD debt is enforceable?

 

the balance would have been settled but I can't risk Cabot then defaulting against me or getting a CCJ.

 

In some respects I always though I would have to pay this one eventually as I was under the impression OD's are different to typical credit card/catalogue debts,

might try to go down a settlement route if I can get a discount.

 

Most of our bad debt is SB next July/August and those who have tried to issue a claim have so far failed as all agreements are pre 2007 and we know they never have the paper work to back them up.

 

By spring 2019 all bad credit references will be off my profile so I can then look to start buying a house (which gives us time to start saving a small deposit).

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Await the sar


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

 

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Any text messages they send you simply forward them to 7726 (spam on your phones keypad)

 

As for applying for a mortgage, you'll need more than a clean CRF, it'll need to have been clean for at least 12 months prior, if not more.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi.

 

I have an alleged debt for an overdraft that was sold off to Cabot a few years back, the debt according to my account statements (I did a SAR) was SB in at the beginning of this year and the default drops off at the end of this year.

 

Did all the usual things like ignoring the fishing letters and the odd call.

However today I got a unexpected call from a landline and answered it thinking it was somebody else, it was Cabot want to speak blah, blah, blah.

 

I asked what it was in connection with (knowing what it was actually about) and ended up telling them even if they could prove the ALLEGED debt was mine it would be SB anyway. I was told they had a payment in 2014 showing so it was not SB.

 

I know this was false, as I have a full statement showing the last credit was on the account and the account was closed 2013.

So stated it was SB again and if they thought that they had a legitimate claim against me then ultimately then need to prove it and take me to court.

 

I've double checked the SAR again (every page and its a big pile going back over a decade) and all looked fine until I came across a few screen dumps/shots from a computer system (so not the typical statements you would see) but print off's from a dumb terminal system showing a single payment of nearly £400's that I have no knowledge of mid 2014.

 

It just shows a credit of £XXX.

I've also found a two internal email/system print offs showing a recall request from a bank was received and a refund cheque was issued just a few months later (which was cashed).

 

The balance they are chasing, is for the sum after the refund back to the bank was issued (so the original sum)

 

Where do I stand as in summary?

 

  • Overdraft was taken out back in 2006
  • SB was early 2013 - So well over 6 years ago
  • Account Closed later 2013 (when default was issued) - Just a few months and it drops off
  • Some unknown random payment was paid in mid 2014, outstanding balance was reduced and then that payment was refunded a few months later. The outstanding balance was increased back to the original sum, which is the sum Cabot are chasing.
  • All my proper account type statements only show data until late 2013 when the account was closed, the only record of this payment and refund comes from screen dumps and print outs from internal systems mid 2014.

 

 

 

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old and new threads merged for history

 

internal mumbo jumbo by satans bank

it was not YOU that did this.

 

whats the defaulted date you mention please?

 

dx

 


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

 

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Thanks DX

 

Default date is 11th November 2013 (when the account was closed)

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so I would assume that your last payment or use was many months before this

so there is argument there that the OC took xxx mts to default you?

 

 


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

 

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Last payment on the account was mid March 2013, so yes about 9 months till they defaulted and closed the account. 

 

For a good 4 months before that, the account was in serious arrears with just little sums of money going in sporadically but they kept on racking up the OD charges each month which far out weighed any credits anyway.

Edited by Gwolst77

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I will gather they have your correct address??

if so wait for/if they get a solicitor to issue a PAP letter of claim now.

 

 


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

 

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Hi all

 

Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.

 

I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.

 

The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.

 

Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.

 

I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.

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sb date and the fact the default has reached 6yrs are not related.

 


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

 

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Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.

 

The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?

 

 

 

 

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it sometimes takes a good while for all related entries to be removed.

 

dx


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

 

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Begging letters because they know the account is Statute Barred, therefore unenforceable.  That's why they likely won't pursue anymore than the occasional letter.  Nevertheless be on the lookout for a PAP letter, but I don't think it will ever arrive.

 

 

 


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