Help with Cabot - Santander current account overdraft and credit card

[jims45]

I received a letter from Cabot Financial claiming they own an old debt of mine from four years ago amounting to £7800.

This debt may be genuine as I went through a very bad time during my divorce mentally and lost my business and home.

I thought all my debts were settled at that time so I would like to challenge them as my credit file shows no debt.

 

I have sent a prove it letter and would like to know my next step, a CCA request or SAR request should they persist.

 

I have read that sometimes unsecured debt cant be enforced because the relevant paperwork is lost, is that correct?

 

I am about to retire and have no assets.

 

Thanks in advance

Edited October 23, 2018 by dx100uk
spacing

[dx100uk]

what's the debt please [original creditor/type of credit]

 

its pretty pointless in sending the prove it letter in todays climate.

 

and yes if they don't hold the required [and enforceable] paperwork under the CCA they are dead in the water.

 

tell us a bit more of the history of this debt [take out date etc etc] and are you saying this doesn't show on your credit file?

[jims45]

Thanks for yout reply.

The debts are for Santander current account overdraft and credit card dating back to 2014. I had a period of homelessness and dropped of the radar for about 2 years but have now checked my credit score giving my last two adresses and there is nothing adverse.

[dx100uk]

are all you old addresses showing as linked addresses on the credit file?

 

you say you opened these accounts in 2014?

[dx100uk]

moved to satans bank forum with addition to the title

[jims45]

My old (pre-divorce) addresses are not showing and the accounts with Santander were opened approx 2005

[dx100uk]

so at an old address but they now have your correct one so no backdoor CCJ's.

 

it might be prudent to send satans bank an sar its free an will get you everything they how on your inc statements

as I suspect the OD will be heavily inflated by unlawful fees and interest.

 

as for the credit card debt … lets see where they go with this

let them write

then it might be CCA time.

 

so you recon last payment dates or use by you of these two accounts was 2014?

[jims45]

Yes last payments in 2014 and I did a search, no CCJ'S at my old addresses. So I would send the SAR request to Santander not Cabot that claim they own the debts? Sorry im so clueless I read somewhere I have to include a postal order for a £1 for each SAR is that correct?

Really appreciate the help and I will be hitting the donate button:wink:

[dx100uk]

as post 7

 

it might be prudent to send satans bank an SAR its free an will get you everything they how on your inc statements

 

twill also get you the card stuff too..but you don't tell cabot you have it...

[jims45]

Im on it! When I get the inevitable reply to my "prove it" letter can I post any updates here?

 

Donation made and thank you

[dx100uk]

sure you can.

 

thanks the donation too...:yo:

[jims45]

Update:

 

Cabot have replied to my "prove it" letter saying they acknowledge my dispute but the reference number for the alleged credit card debt is quoted, nothing about the Bank overdraft.

 

They state they will be conducting a thorough investigation and contact me within 5 weeks although the time frame is 16 weeks.

 

I am about to send the SAR request to Santander but I have no details of the accounts as I have been homeless and all the paperwork lost.

 

Cabot's letters just state "we own your accounts with Santander" no account numbers or details of any kind only balances.

Thanks for your help.

[dx100uk]

that's ok you don't actually need any numbers,

[jims45]

Update:

Cabot have written to me again asking me to call them and stating "your account is no longer on hold", this refers to the Santander current account not the Credit card.

 

After checking I see they have now entered a default on my credit file dated 2010.

I have written to them stating all communication must be via Royal Mail and also reminding them I am disputing BOTH alleged debts,

I am requiring proof of debt purchase, account numbers and details of how the balances were calculated.

 

The SAR request has gone off to Santander should I send a SAR request to Cabot also or is it wise not to?

Thanks again!

[dx100uk]

silly idea entering into stupid letter tennis.

don't ever write unless advised to do so

it only encourages the DCA to think they have some magical powers

they don't.

 

as for the default

nope only the OC can default a debt

and if the defaulted date in the summary of the debt is 2010 it should not even be showing on your credit file.

[jims45]

Sorry, getting a bit jumpy I guess, never been in this position before.

 

I will sit tight and see what Santander come up with.

 

Thanks for your reply:-)

[dx100uk]

well get reading up..

 

default?

[jims45]

Been doing some checking into this.

Family member reminded me I had a current account separate to my main current account I thought this was closed and the balance cleared at the time of the divorce and house sale..seems not.

 

Reading my credit file a second time the account was opened in 2010 and the last payment was in 2015 yet there is nothing about missed payments just shows a balance outstanding.

 

Be interesting to see what the SAR from Santander shows up.

Would be ironic if some of the balance is PPI payments.

Edited November 8, 2018 by dx100uk
spacing

[dx100uk]

well you cant have missed payments as such on an OD as theres not set schedule.

there might be a defaulted date but hats good as it means the account will go on the defaults 6th birthday.

 

probably unlawful charges for being O/L or something.

or ruddy fees for bogus insurance packages they sold for you budgie or mobile phone or taking a cat abroad in te EU.

 

packaged account fees.

 

dx

 

 

dx

[jims45]

Today I received a letter from Cabot,

they have completely ignored my requests for information about the Current account

 

Regarding the Credit card they have this to say:

"Unfortunately we do not have the relevant information on file so we will be requesting a copy of your credit agreement and terms conditions from your original lender as well as a statement of account which can take some time"

 

Then the line:

The account may be on your credit file and this could affect your ability to get credit, apply for a mortgage or a phone contract. Even if we are unable to supply your paperwork, this account will remain on your credit file for six years from the date the default was registered"

 

Does this mean they are not expecting to find the paperwork for the Credit card and why are they ignoring requests for information about the overdraft?

 

So happy I found this site!

Edited November 14, 2018 by dx100uk
Spacing

[dx100uk]

Let it run

[jims45]

Advice taken. I will post again if they write and have something interesting to say or, when I receive the SAR report from Santander.

[jims45]

Some news re: Current account.

Cabot wrote to me saying at this time Santander don't have the requested documentation and the debt is unenforceable unless the documentation becomes available in the future, (but they would still like paying). I notice this letter appears to have come from a different department and now quotes the OL account number.

Sit tight and see what happens with the Credit card account now I guess?

[dx100uk]

yep

shame the fleecers have lost 50% of their free xmas party booze party money out of you already

[jims45]

The advice here is priceless I would have been so stressed without this forum. Just made another donation.