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Old First Direct accounts - now being contacted by Cabot Financial

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Hi all,

 

I started a previous thread to share my general issues, but am posting in this section for specific advise relating to First Direct. Previous forum address here if anyone is interested:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458839-Low-income-6-year-old-debts-and-worrying-about-the-possibility-of-future-court-action

 

I had an account with an overdraft, credit card and loan with First Direct (all pre Apr 2007).

I defaulted on payments for the credit card and loan back in 2009, at which point, they closed my account, merging the credit card and overdraft together as one debt, and the remaining loan as another.

 

 

Since the default in 2009, I have been making token £1 monthly payments to Metropolitan Collection Services;

I have since moved house a few times and hence had no contact with them.

 

 

Aiming to sort things out once and for all, I joined this site,

and under some much appreciated advice, sent out a CCA request to Metropolitan last week.

 

 

First Direct have responded, sending back my CCA letter (but keeping the postal order???), saying:

 

 

  • The letter is not signed (didn't think I needed to) - they want me to provide a specimen signature
  • My current address does not match their records (it wouldn't as I have moved, but my credit file address is up-to-date)
  • - they want me to provide the old address to match their records.

 

From this, I gather that FD still own the debt as Metropolitan did not write to me.

As mentioned, my credit file is up to date with all addresses.

 

Does anyone have any advice on how I should proceed?

Are they trying to delay and does the time limit of 12+2 days still apply?

Or, are they valid in their requests?

 

Any help much appreciated

 

Thanks

AM

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I foresee these falling at the first hurdle!

 

If they've brought out the knee jerk 'we need a specimen signature' reaction from day one, then their delaying tactics can only become more desperate!

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provide your old address

but don't signlink3.gif it

 

 

for the sake of £1PCM i'd not stop paying yet

 

 

dx

 

Thanks, I'll send them the address tomorrow to speed things along, but I'm still wondering whether I should still be counting down the 12+2 days from when I first sent the request (last week).

 

I foresee these falling at the first hurdle!

 

If they've brought out the knee jerk 'we need a specimen signature' reaction from day one, then their delaying tactics can only become more desperate!

 

So I'm correct in thinking that they don't need a signature, but rather are asking for it in order to buy time whilst they search?

 

Thanks

AM

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the countdown is immaterial in this instance

you are paying them.

 

 

we'll decide what to do later.

 

 

dx

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So I'm correct in thinking that they don't need a signature, but rather are asking for it in order to buy time whilst they search

Correct yes.

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Hi all,

 

As with all the posts relating to my issues, here is the history if wanted:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?458839-Low-income-6-year-old-debts-and-worrying-about-the-possibility-of-future-court-action&p=4849930#post4849930

 

and:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?459705-First-Direct-CCA-request-sent-back-due-to-no-signature-and-a-different-address-on-record&p=4858206#post4858206

 

All has been quiet on this front for over 1.5 years;

I sent the CCA to Metropolitan who were the DCA,,

got nothing back and therefore stopped paying my £1/mth,

 

 

now I have received a letter from Cabot Financial.

I believe they must own this now.

 

 

I'm not sure what to make of the letter and so was wondering if someone could cast their eye over it?

 

 

Are Cabot a DCA?

 

Thanks

AM

Cabot Financial letter.pdf

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First, relax. Cabot dont enforce legit debts, so you know its already a non starter. Especially as marlin are involved as well.

 

Now you need to follow procedure and find out how its a non starter.

 

Also, you need to keep your topics to one thread.

 

 

Send them a CCA request. That will pretty much stop them in their tracks.

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IMHO ignore them.

 

You requested a CCA, and the previous clowns failed to provide, I wouldn't be giving these any room to come up with one.

 

Lodge a complaint with the FCA regarding the selling on of a lemon debt.

 

And the fact that the accounts have been merged is a non starter and will mean it's unenforceable, hence why cabrot have bought it.

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Thanks for the replies.

 

Yes, apologies for the creation of a new thread, I can see that making things difficult to follow......will keep it all together now!

 

Again, you have managed to ease my mind. I think I will ignore for a while and see how it pans out and if the letters persist and get "demandy", break out the CCA letter again!

 

Thanks

AM

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Posted (edited)

Hi there!

 

Been a while on this thread,

after having had only the odd pointless letter from Cabot about this since the end of 2017,

 

I have just now received from them a PAP pack from Mortimer Clarke Solicitors, along with a "statement" showing the £1 payments I was making on the account from 2014 til now (last payment made in 2016).

 

This PAP pack has been sent in relation to the merged credit card/overdraft account, as detailed in post #1 of this thread. I'm anticipating that one for the loan account will follow soon!

 

I guess it's time to send back the PAP documents for this now according to the CAG guidelines,

 

before I do, was just wondering if there was any advice that could be given regarding this particular account, or is it pretty much standard as per the guidelines?

 

Thanks again,

AM

Edited by dx100uk
Spacing

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Cabot and mortimer seem to be sending out claim forms to every account they have lately. Its very likely they will just not bother to reply once you file a defence if they actually issue a claim. They just prefer to get a judgement by default.

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Hmmm, interesting. So it's a tactic where, even if they know it's likely not enforceable, they will go for the claim because if someone by chance happens to miss the court deadlines, they would automatically be granted the judgement?

 

Ok, I will go through the PAP and CCA proceedure and see what comes about. I CCA'd them before and they came back with nothing, so have no reason to believe that they have a valid CCA now. Not to mention the issue of the credit card and overdraft being merged into one account.

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90% of people wet themselves when they get a claimform and cough

85% of claims are never defended for one reason or another.

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And I would most likely be in that 90% also if it weren't for the amazing advice given on CAG.......MUCH MUCH appreciated!!!

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They dont care if its enforceable or not. They just want your money. Any way they can get it. Remember, cabot do not enforce legit accounts. They buy lemon debts and accounts nobody else will touch. Why? See post #23 :)

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