Cabot - old OD Debt

[Angel Steele]

One of the debts with Cabot is for a fairly small overdraft I had.    I can't CCA for this can I so can you suggest what I need to ask for when I write to them?

[dx100uk]

what you should have done 10yrs ago stopped paying cabot on an od thats almost guaranteed to be all penalty fees and their interest....

 

[Angel Steele]

The overdraft was £1500.     The outstanding amount is now £1411 so not interest and fees I don't think.   I have only been paying £1 a month.    I stopped paying them when I discovered the AA loan debt which is also with them had been written off.      They are now threatening CCJ proceedings.   I know it is a threat-o-gram but as it is not a loan or credit card I'm asking what letter would be appropriate as I can't CCA them as such.    

[dx100uk]

Sar the oc

But crapbot must abide by pap

 

Dx

[Angel Steele]

I SAR-ed the bank, Lloyds, last year for PPi purposes and there was nothing relating to them passing this over to a DCA.   

Why am I sending a SAR in the first place?  

They wouldn't be sending me docs relating to them passing debt to Cabot would they?  

 

Also if I recall a SAR takes absolutely ages. 

I have had a further letter from Cabot telling me I now have 21 days before they start court proceedings.

[dx100uk]

created this od debt its own thread now,

 

who was the original credit? RBS?

 

read the letter property it does say WILL anything I bet 

unless it is a letter of claim from a solicitor.

 

 

 

 

[Angel Steele]

No, the original debt was with Lloyds Bank.     £1,500 ove

[Angel Steele]

From above - £1,500 overdraft that Lloyds sold to debt collector.

 

Letter from Cabot says "I have been selected for legal action to commence by our solicitors because I am not making payments.   If you continue to ignore then this account will be passed to our solicitors who will then look to obtain a CCJ.     Take action today and avoid a CCJ.   We don't want to have to take this matter to our sols but if you do not take action within one month this will happen"

 

Scare tactics I know but a SAR didn't reveal anything last year.

 

Can I send a CCA or does it have to be a SAR.

[dx100uk]

Have you all the statement s from day one?

when did you open it?

 

as for the we are gonna jump letter...might pass it to a solicitor

who might look at it. But ofcourse cant 'obtain a ccj' 

only cabot can do that..

 

 

bit like dogs and lampposts

[Angel Steele]

I didn't open it.   It is an overdraft from 2013 which I couldn't repay due to redundancy then.

 

Not sure what you mean by only Cabot can do that.   Surely that conflicts with what you say!

[AndyOrch]

Cabot can issue a court claim....nothing stopping them if they are the legal owners of the debt.

[dx100uk]

what do you mean you didn't open it??

when did the bank account start that went into OD, and what did you originally agree to or latterly apply for as the OD limit?

 

dx

 

[AndyOrch]

Unauthorised overdraft DX ?

[Angel Steele]

I had a £1500 overdraft on my current account.   

Following redundancy in 2013 I couldn't pay it off and then Lloyds closed the account and now Cabot have the debt.   

 

Until I recheck the docs from the SAR from last year I don't know when exactly they sold it on. 

 

I do know that Lloyds defaulted me on my credit report and then Cabot defaulted me with it too so I had two defaults despite me not defaulting with Cabot.   

 

They have both since gone from my credit report for just after a year.

 

[dx100uk]

when did you open the bank account...………………………...

[Angel Steele]

I opened it in 2003 or 2004.

[dx100uk]

you say you have all the statements from the sar last year?

so look thru them , 

when did you start to go overdrawn look at the statements...

 

are there any fixed sum fees you can see throughout...like £20 £30 etc etc for letter fees, over drawn fees, late fees, failed dd fees  ….

I bet there are a good few £100's of these fees ...these are a good bargaining tool add them up!!

 

doesn't matter when the debt was sold that's pretty much immaterial now, but I bet the current balance is not all of your own expenditure..

[Angel Steele]

I've had a look through the statements and yes they did add fees and charges but in the end they were mostly refunded as I made numerous complaints to them  about this.    

 

Lloyds did send me a letter of assignment in 2015 advising they had sold the debt to Cabot.     I will pay back what Cabot paid for the debt, which would not have been the full amount of £1,500.   Is there a template letter in the Library here that I could use?

[AndyOrch]

The following is for Mortgage shortfalls but can easily be adapted

 

https://www.consumeractiongroup.co.uk/topic/332558-mortgage-shortfalls-full-and-final-settlement-letter-correct-as-at-october-2013/

 

 

Andy