Cabot - Old Lloyds TSB Credit Card

[vivian.]

On 3 February 2003 I opened a credit card account with Lloyds TSB.

 

In May 2009 I defaulted and the proverbial hit the fan and the debt was passed to Cabot.

 

Any PPI was investigated by the Citizen’s Advice Bureau back in 2009 and all was found to be above board.

 

I have since that time continued to pay £1 every month to Cabot without sending any details of my income mainly because my circumstances never changed.

 

Recently I have received a letter from Cabot Financial.

They’re considering legal action as they require an update about my situation.

If they do not hear from me within 28 days my account will be placed with their solicitors whereby they will send me a “Letter Before Action” and subsequently a court claim will be issued against me. It details all the threats of a CCJ and the outcome from obtaining that would bring, including a warrant of control – enforcement agents (bailiffs) will visit me at home for the money or remove goods.

 

I am unemployed but not claiming benefits.

Do not own any property or goods of any substantial value, only a second hand bicycle and this computer bought in 2012.

 

I’m not too concerned about a CCJ and I’d rather get this done and dusted after all these years of waiting for such a letter from Cabot.

The debt today stands at £9500.00

 

Perhaps the next step should be send a SAR to Lloyds and a CPR 31.14 to Cabot…. And await the claim form.

 

[dx100uk]

no you should have sent the fleecers a CCA request the moment they bough the debt

instead of blindly paying a powerless DCA and running the Statute Barred date to infinity.

 

do it now.

 

and read their letters carefully

doesn't say WILL anything 

 

see the red bits below about DCA's 

if you can't see them.

tell me..

 

dx

 

[vivian.]

Thank you dx... consider it done.

I'll let you know the outcome of the CCA request in due course.

Meanwhile, I'll be reading up on what to next if Cabot do go ahead with issuing me with a claim form.

[dx100uk]

must send a letter of claim first via the 2015 pre action protocol...

 

 

[vivian.]

Thank you for that information dx

[vivian.]

thank you.

 

I sent Lloyds a SAR request and Cabot a CCA on 5 November 2020.

 

It all took some time but briefly, I received a letter from Cabot at the end of January.  It said they were unable to obtain the CCA from Lloyds, the original lender, but if this information becomes available to them later, the will  complete my request and send me the relevant information.  Cabot go on to say that until they can supply the information requested, my account is unenforceable, and they are not permitted to obtain a CCJ against me.

 

Cabot sent me another letter a few days later with an offer of a 75% discount to help me clear the balance and be free of this account.

 

Lloyds responded with a huge amount of paperwork 3 inches thick.  In the bundle, under the heading "The information attached has been provided by our Credit Card Department", contains 3 sheets of information I'd like you to look at for me.

 

[dx100uk]

Fleeced blind for 10yrs

 

stop paying ... .no cca=no pay on any debt

[vivian.]

I took photos of each document

redacted information... but having trouble uploading

zipped folder showing 16.mb

each document 6mb

any thoughts on how I could upload without exceeding limit please

[dx100uk]

read upload carefully

use the websites listed there 

pdfruducer, pdf merger.

 

dx

 

[vivian.]

fingers crossed

pdf CCA.compressed.pdf

[dx100uk]

what you hold is immaterial

it's what cabot produce..

now you know what exists..

 

if/when cabot send you something you'll instantly realise it is obviously a FAKE

and it will be believe you me, they'll raid their filing cabinet, cut n paste your details onto it and send it out.

it will not look anything like what you hold.

 

 

[vivian.]

Hi dx

Thank you for your helpful comments….

 

So having looked around at some of the other threads, and reading up on enforceable CCA v unenforceable CCA

 

Am I right in thinking:-

 

A CCA can be a reconstituted (cut n paste) version provided it contains all the same information, as though it were the original CCA with all the terms of the agreement, other than implied terms and prescribed terms applied at the time, for example: stating the credit limit; stating the rate of any interest on the credit to be provided; stating how the debtor is to make the repayments etc, etc, and be legible.

 

However, for Cabot to take me to court, wouldn’t they need the original CCA?

[dx100uk]

On 30/10/2020 at 16:24, vivian. said:

On 3 February 2003 I opened a credit card account with Lloyds TSB.

your debt is pre the CCA 2006 changes

it is not retrospective

 

dx

 

[vivian.]

....gulp

 

let's hope they come up with a less than convincing copy then.

[dx100uk]

why gulp?

 

are you not understanding what you have so carefully read up on above......?

 

those changes re being allowed to file a recon agreement DO NOT APPLY to your agreement...

its PRE the changes that allows a recon.....(CCA 2006..effective from Apr 2007)

 

so they must send a copy of the actual original agreement you signed.

 

not a  chance 

 

why do you think lloyds sold it on ...think about it....

they themselves could have crushed you in court..but they didn't...i wonder why....

[vivian.]

it's late... and I had my 1st covid jab yesterday.

 

Thank you so very much for explaining everything to me