Jump to content


Cabot threatening CCJ for old Lloyds CC debt


Recommended Posts

Hi

Cabot's now threatening CCJ for a very old credit card debt.

Had a previous thread for this, which I now cannot seem to see how to locate this. Was a long ongoing thread coupled with a loan which is now SB.

Long saga - debt with Lloyds. They cancelled the credit card, no interest charged, repayment plan for £5 per month. Balance in excess of £1200.

Then sold to Cabot - no documentation to confirm. Paid Cabot small amounts on irregular basis but now want to get to grips with the situation and looking for advice.

First thoughts were to send a CCA request so see what that throws up. 

Any advice welcome

Regards

Intend

Link to post
Share on other sites

when was you last payment?

can't see a thread apart from a PPI one on a LLoyds card..is that the one?

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Payments made last year, small amounts £5 or £2. The old thread was Moorcroft chasing Lloyds - last post made in 2017, was summary. Main focus of energy then was to get a Loan SB'd which was successful.

 

I have pasted post as a summary of situation:

 

Got round to asking Lloyds for statement of account on CC.

As expected eventually got a reply from Cabot, who now own the debt.

 

Long story

 

CC was cancelled by LTSB and we came to a repayment plan, which at time of sale to Cabot was £5 per month.

 

Looking to reduce it.

Current balance £1400.

As ever they threaten to demand payment in full if agreement not honoured.

 

Lloyds agreed to £5 per month August 2014, subject to periodic review - no detail as to this timescale.

 

I do not wish to stir up a hornets nest, but tempted to reduce it, without informing them and continue to pay cash at local Lloyds branch.

 

Two questions really

- as credit card cancelled,

no agreement other than the £5 with Lloyds,

could Cabot demand full payment if default on the £5 per month.

 

I did continue to pay Lloyds directly for a long while, eventually they stopped accepting and referred me to Cabot since when only made small infrequent payments. No plan with them just the odd letter but now talking about CCJ.

Feel a little stronger to tackle them now.

As previously suggested I am thinking a CCA request to Cabot to start off with.

 

 

 

 

 

 

Link to post
Share on other sites

but that was a loan  ..,this one is a credit card?

what the old LLoyds number cabot has ...is it 16digits?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

It is the credit card that is the issue. Cancelled by Lloyds, repayment plan in place then sold to Cabot. carried on paying Lloyds using paying in slips provided. Eventually they refused and have paid Cabot small amounts infrequently.

Now would like to sort this out one way or another. Hence thinking a CCA request would be the first step.

Would this be the best way forward?

Link to post
Share on other sites

yes

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

cause its a better way for people to see how DCa's deal with bought debts with differing OC's.

 

much easier for user to find should they be scrolling

try finding stuff in the DCA section with a debt sold from xxx OC, it's a nightmare.

you can scroll all day and most people can't use our enhanced google search box either or even know it's there!

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

CCA request sent to Cabot today. Assume still 12+2 days to response.

Gives time to plan a course of action.

If they cannot respond with the agreement do I write and said no more payments?

Link to post
Share on other sites
Quote

If they cannot respond with the agreement do I write and said no more payments?

 

No ...why would you ?

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

The reason for writing would be to inform then I would not be paying and hopefully prevent further correspondence. 

I assume from your reply that this is not advisable and the best course of action would be to simply ignore.

Link to post
Share on other sites

The Consumer Credit Act along with Conc 13 and OFT 1272 is quite clear on sections 77/78/79 in the event that a creditor cannot comply with your legal request within the stipulated timeframe. .

 

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

 

 

https://www.legislation.gov.uk/ukpga/1974/39/section/78

 

So they are fully aware of the legislation and what limitations this places on them...writing to inform them of this fact would be pointless as they will still continue to try to collect the debt...as they are allowed unless it were statute barred.....and as for informing them that you intend to stop paying...well that is your decision...but not one that I would advocate put in writing.

 

Andy

 

 

 

.

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy. Things becoming a little clearer, very difficult to keep up to speed, 

 

I will look at the information in the links you have provided to see if I can make sense of them.

 

My feeling is that Cabot will not have the agreement, not sure forwarding the agreement would be part of the sale of the debt by Lloyds, but that Lloyds will have a copy which they can dig out. Guess need to wait for the outcome of the CCA request in a couple of weeks.

Link to post
Share on other sites

Well until such time they (CArboot) can comply ...that's not really your problem or to point out to them.....but they cant enforce the agreement until.

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • 2 weeks later...

Letter received from Cabot - "Unfortunately  do not have relevant information on file" Requesting from original lender. Will write within 12 days with an update.

Requesting I get in contact to make a plan.

Suspect they will get a CCA from Lloyds so ned to think of how to proceed if they do supply one.  Lloyds did cancel the credit card and accepted £5 per month and no interest. Do not want to pat the DCA.

Link to post
Share on other sites
1 hour ago, intend said:

Do not want to pat the DCA.

 

???

 

you ignore them until they comply and we confirm the filing cabinet copy and paste bogroll they send IS enforceable.

cause i bet you 100% it won't have come from them awaiting the OC to send it....they're raiding their filing cabinets now i bet..

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
1 hour ago, intend said:

Letter received from Cabot - "Unfortunately  do not have relevant information on file" Requesting from original lender. Will write within 12 days with an update.

Requesting I get in contact to make a plan.

Suspect they will get a CCA from Lloyds so ned to think of how to proceed if they do supply one.  Lloyds did cancel the credit card and accepted £5 per month and no interest. Do not want to pat the DCA.

I’d call that a win.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...