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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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chess321

cabot and EGG Card debt - GDPR data request received

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Hi all,

 

I have submitted a GDPR request to Cabot for an old credit card debt which I was paying of as part of a DMP I had until a couple of years ago (and stopped paying as I did ask for the CCA and cabot did not comply).

 

Cabot provided all the information they “had”.

They provided (as part of the GDPR the CCA )

however there is no mention or any confirmation that the debt was passed on to them or any correspondence made by them that they now owned my debt

(i.e from the previous company, initially Egg, then “according to the notes I could find from Cabot “ idem

but absolutely no mention of any communication of either purchasing the debt or correspondence made to me notifying that they were the “rightful” owner” …

 

.not sure if the above makes sense ..

I was under the impression that a Debt management company had to prove that they actually owned the “debt” and had to ensure the debtor was notified IF the debt was sold or no?

 

Also it seems that several letters which I have received were not attached to the “GDPR” documentation (thought again they had to provide a copy of any correspondence sent?)

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Your request should have gone to the Original Creditor...DCAs after assignment only hold the bare minimal data.

 

Thread moved to holder.gif

Data Protection and Default Issues Forum

 

 

Andy

 

CAG will be CLOSED due to a major upgrade from 14:30PM Tuesday 26th 2019 for at least 48hrs and will only be available be in Read Only status during this process


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Original Creditor GDPR request will give you the exact date of your last payment, and the date it was sold on.


We could do with some help from you.

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

 

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just ring the OC and ask them

far simpler!


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

 

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Right, thanks for all replies,

 

I can ask Egg for the GDPR but nevertheless if Cabot now “Owns” the debt (this is what they are stating ) they should have a copy of the notification made to me when they “acquired” the debt (egg never notified myself and considering Egg as a company does not exist anymore do not think there would even be a copy of a notification made to myself letting me know of the debt being passed or any communication made).

 

In the documentation received there are several copies of letters from them from 2016 but NOT until one in 2018

(after I told them unless they provided proof of myself owning the debt I would not make any payment) when they stated “they” owned the debt.

 

Also quite a few of the communications they sent to my home address are missing (thought the whole point of the GDPR was to provide ALL information ).

 

All they provided (as proof, is a copy of the CCA agreement signed in 2005 signed with Egg).

 

Questions are, is the CCA enough they “Own” the debt?

Or should they provide further proof etc?

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@dx100uk thanks but struggling to get the current address to get correspondence address for egg?:!:

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Ignore! found it.... City bank :)

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Canadian square operations.

 

see the EGG forum stickies


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

 

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Well if your not paying it anyway....does it really matter who now owns it ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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@Andyorch Andyorch yes it does as I want to ensure IF they can then prove i own the debt and take me to court I have enough evidence... so yes I am trying (after years of hiding my head in the sand ) to sort out the mess I made 10 years ago .... and one way or another I want to avoid to be pulled back onto it.... :) (if they can prove they own the debt I can make a full and final offer for x amount if they can not, I could then tell them to j g on....)

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you mean notice of assignment.

 

you say idem have had their hand on this too?

when did you take the card out?

 

retitled and moved to the EGG forum


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

 

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hi sorry as usual I guess I manage to make more confusion than anything! I do wonder myself how I function sometimes :) Right indeed I do mean the notice of assignment, NCO (not sure where I got Idem from! .... I mixed up two debts :) ignore Idem ..) the card was taken on in 2003 ...

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NCO are part of the cabot group

 

just type

no need to do silly brackets and everything


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

 

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ok. Ultimately there is no Notice of assignment in the communication received, I presume next step would be to write to canada square to see if they Egg ever sent any notification, which I doubt

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