Cabot and historic HBOS Card and OD debts paid via a DMP for 5yrs

[mpolly99]

Good evening all,

 

I've done a bit of research trying to close accounts which led me to requesting CCA's to Cabot. I sent two for two different accounts which they took off Halifax (1 x CC & 1 x Current Acc Overdraft). I posted the following to them:

 

Dear Sir/Madam

 

Account No:

 

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

 

2. A full statement of account.

 

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

4. A copy of any other documents referred to in the agreement.

I understand that under the Consumer Credit Act 1974 (sections 77-79)

 

, I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.

 

A speedy response would be appreciated to resolve the matter amicably.

 

I look forward to hearing from you soon.

 

Yours faithfully

 

THE LETTERS WERE RECEIVED ON 17TH/18TH JULY AND TODAY I RECEIVED THE FOLLOWING LETTERS:

 

Thank you for your CCA request etc etc...

We currently do not have this information on file.

 

However I have requested the relevant details, which include a copy of the credit agreement, statement of account and relevant terms and conditions from the original lender.

 

You have requested a copy of the Deed of Assignment.

 

Please be advised that the DOA is a confidential document between Cabot and the original lender.

It does not contain any personal details relating to you or your account and is not available for disclosure.

 

We sent you a Notice of Assignment for your account to your address, which is sufficient to confirm our ownership of this account.

Only the courts can request this... Blah blah blah.

 

A couple of things here... I asked for a true copy, they are referring to simply a copy. If they do obtain a copy, is this enforceable?

 

Also is it acceptable what they are saying about disclosing the DOA to me?

 

I don't ever recall being sent a Notice of Assignment, if I did, is this sufficient to confirm ownership and enforceable?

 

I have been currently paying towards what they are claiming, on a monthly basis via DMP. The next payment is due in a couple of days.

 

Should I continue paying or is it advisable to stop until they wholly action my request?

 

Thanks in advance and any help/advice/feedback is much appreciated! I'm looking to get a mortgage by the end of the year so I can get my son into the school I/he wants.

 

Many thanks.

[dx100uk]

didn't get that CCa request from here did you..

looks like FMoTl twaddle too.

 

was this for the card or the OD [which CCA doesn't apply as theres no agreement to sign]

 

if on the card they've failed the 12+2 working days time limit stop paying

 

for the OD i'd stop paying anyway

 

what other debts are you blindly paying thru this DMP , which I hope is a free one not by a fee paying bunch of fleecers.

 

if you've got defaults on your credit file

then a mortgage is out the windows till they vanish on their 6th birthday along with the whole account never to return..but that doesn't mean the debt is wiped.

[mpolly99]

Thanks for your response. No I got the template from this website... [removed - please read our rules}

 

I got the same letter for both CC and OD,

although one letter (OD) says thank you for continued payments

whereas the other one (CC) says I don't currently have a plan with them, which I do through DMP!

 

 

The DMP is through Payplan. The 12+2 days is up on the 6th August.

I got the letter signed for which was received on Weds 18th.

 

I'm paying for others too, one of which I have sent another CCA request to Link Financial (bought from Co-op).

 

I do have defaults but I'm led to believe there are mortgage lenders who accept people on DMP, or IVA etc.

 

Cheers

 

To add to this - I have also had a settlement offer from them on the OD (45% of the balance) in June 2017 and another one (60% of the balance) July 2018 for the same OD.

Edited July 31, 2018 by mpolly99
Added info

[dx100uk]

if you are getting discount letters then pers id stop paying that debt

 

cca is 12 working days then

 

not sure where you got the bit about dmp/iva from

another load of ole twaddle.

 

99% of highstreet lenders will not touch you with defaults.

back street brokers might but you'll get ripped off om the rate.

 

list your debts and who get paid through pp

how long have you blindly been paying all the dcas via payplan?

[mpolly99]

Evening all,

 

I sent a complaint letter to Halifax (despite the debt already been sold on to Marlin Europe/Cabot).

They said part of my complaint was outside the 6 years therefore disregarded that part however, the other part does go on to say...

 

"I will arrange to waive a portion of the debt equal to the charges you paid on the current account (overdraft debt) since Sept 2016.

Those charges total £861.

I understand the debt has been sold to Cabot Finance so we will buy back this portion of the debt to effectively write it off.

This offer is made without any admission of liability"

 

The debt is about £3,300 but interestingly, back in June 2017 they offered me a settlement figure of £1,852.

I have since requested from Cabot a CCA agreement which they have not got.

I also requested Halifax my SAR, which returned very very little info.

 

Any help on the following question would be so helpful:

 

- Should the £861 be paid directly to myself as opposed to buying back a portion of the debt.

 

- They say "to effectively write of the debt" - does this mean £861 of the £3,300 debt is written of, or does it mean they sold the debt to Cabot for less than £861 so they have bought it back for what they paid and written the whole lot off?

 

- With Cabot seemingly having no leg to stand on, if the debt is still owed (and not written of as mentioned in the last question), should I make a very small F&F settlement offer?

 

- What should my next step be?

 

Many thanks in advance

Edited December 14, 2018 by dx100uk
spacing

[dx100uk]

ive merged your new thread with the existing one

as it make more sense

 

you cant CCA an overdraft !!

 

it would be better if you scan up the letter please to PDF

read upload.

[mpolly99]

 

Pictures of the letter from Halifax

 

Letter HFX.pdf

[dx100uk]

you are not complaining 3 yrs after you realised

you only realised very recently that you could make an IRL complaint.

 

so complain that it is unfair as you didn't realise

and they cant invoke the 6yrs rule on the OD nor the credit card.

 

dx

[mpolly99]

Interesting. I'll reply to the letters explaining that then. I have another response from Quick Quid who said the same thing and they wouldn't budge on the matter so I contacted the Ombudsman.

[dx100uk]

yep

[mpolly99]

Would you have a document that says that they can't invoke the 6 year rule on an OD or CC?

 

I'm replying to the letter shortly, in your opinion, should I respond with the approach that I didn't know I could make a complaint or that the 6yr rule can't be invoked?

 

Many thanks again for your help.

[dx100uk]

the 3yrs rule, that invokes the 6yrs clearly states 'when you become aware'

 

look at the FOS website PPI case examples

[mpolly99]

Evening all,

 

I've been sifting through my Experian credit report and on there I've noticed that a Halifax account owing £2500 was defaulted in Jan 2014 and marked as settled in Feb 2017 (nothing was paid or agreed to close the account).

 

I have also noticed another account which is open with Cabot with a default date of Jan 2014 with the balance of £2500 (this is the same account as the Halifax one above).  Does this mean that Halifax closed the account and is no longer enforceable?

 

I does it simply mean they sold the debt on and is still enforceable?

 

I have had contact from Cabot but they failed to provide a CCA so i'm not paying a bean anyway,but just curious as to what status the account is at.

 

Many thanks

[Stigman]

Hi,

 

It means that Cabot have purchased the Account from Halifax, Halifax is correctly showing zero balance.

Cabot is correctly showing the amount and the same date as the original Halifax account of January 2014.

 

As you have CCA'd Cabot, this means it is either a Credit Card or Loan, have you reclaimed all charges and checked for PPI as the deadline is coming close so you have to act fast.

SAR to the original creditor (Halifax), SAR template in the Library section.

 

You should have been made aware by letter that Cabot had purchased the debt from Halifax.

 

Since your last contact with Cabot, have you moved addresses, if so update Cabot so this stops any backdoor CCJ's.

 

No CCA, No pay, When did you take the original debt out as a 2014 date Cabot can reconstitute an agreement.

 

Take Care

 

Stigman

 

[dx100uk]

old and new threads merged for the third time.

 

dx

[mpolly99]

Thanks, it was taken out between 6-12 months prior to the default date (I can’t remember exactly off top of my head)