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dale1988

Cabot re Capital One - Is this default OK?

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Hi,

 

Please can someone look over this default and let me know if it is enforceable?

 

From the previous S78 I believe the debt to be unenforceable, it's from 2014 but I haven't been in contact with the DCA and other than the default on my CRA there's been no correspondence since.

 

I recently sent a SAR to cap 1 just to test the waters and see what came up, so my questions are is the default notice ok and also - on my transaction I "only" missed 2 payments before it was issued, does that make a different at all or is the rule surrounding timings only for issuing the default notice?

Cap1 Default.pdf

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Default Notice if fine...the creditor can issue a default notice after 1 missed payment if they so wished.....also there is no such thing as a " Enforceable Default Notice " there is a valid default notice and a enforceable credit agreement.

 

Andy


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Thanks for your swift response, I gather I have just fell lucky with the lack of pursuit then?

 

I can see my S78 from when it was first applied in 2014, but I've had no contact/chasing from the DCA since then.

 

But ideally I would like the default removing, so onto grovelling F&F it is then by the looks of it.

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A F&F wont remove a default..it must remain for 6 years...it will be marked as satisfied.

 

Andy


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and kill your credit.

 

the dca will sit on this until it gets near SB to maximise interest they can claim.

 

whos the DCA?


..

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The DCA is Cabot?

 

With re. to interest, what are you referring to?

 

I've had no correspondence and the debt remains the same value as it did in 2014.

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The DCA is Cabot? With re. to interest, what are you referring to? I've had no correspondence and the debt remains the same value as it did in 2014.

 

If it goes to court they will claim section 69 interest (8%) on top of the value of the debt


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

 

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court int section 69..

IF they go there.

 

what you have from the sar is immaterial to any claim.[you keep it to yourself

 

you could send cabot a cca request are they chasing?


..

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No that is the thing, I haven't had any correspondence since I sent a CCA to Cap 1 and Cabot in 2014.

 

At this point I was hoping to send F&F and negotiate default removal (hoping)

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not a chance cabot will don't do that.

the default will drop off in a couple of months too.

 

have you moved since 2014?


..

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I have moved but they are both aware of my most recent address.

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I have moved but they are both aware of my most recent address.

 

Are they aware of your current address?

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Have you written to them since your move?


..

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No I haven't entered into any discussions, no phone calls or letters

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so officially they don't know where you live as you've not told them so in writing?


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They are well aware where I live I have had annual statements for the past 3 years.

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good well don't waste your money then.


..

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