Cabot threatening CCJ for old Lloyds CC debt

[intend]

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

[dx100uk]

when was you last payment?

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

 

[intend]

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.

[dx100uk]

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

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

[intend]

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?

[dx100uk]

yes

[intend]

Thanks, will go to library and print off the latest letter. Probably have one on file but best to use latest.

Out of interest, why has it been moved to Lloyds.

The debt has been sold to a DCA.

Would it not be better in the DCA section?

[dx100uk]

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

much easier for users 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

 

[intend]

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?

[AndyOrch]

Quote

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

 

No ...why would you ?

[intend]

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.

[AndyOrch]

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

 

 

 

.

 

[intend]

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.

[AndyOrch]

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.

[intend]

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 need 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 pay the DCA.

[dx100uk]

On 06/03/2021 at 13:41, intend said:

Do not want to pay 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..

[London1971]

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.

[intend]

Thanks for input. Will wait to see what they send, if anything, and post up for advice..

[intend]

Next letter received. "We are still processing your request and have contacted the original lender for the relevant information"

Goes on to say unenforceable, balance remains outstanding, They will mail me the requested information once they receive it.

 

Assume a bog standard letter. Waiting game.

[London1971]

It's a win for you.

[honeybee13]

Thread reopened.

 

HB

[intend]

Increasing threats from Cabot over this debt. Now phone, SMS and letters almost daily. CCA not available, but just tired of it all. Know I should just ignore but really feeling low because of it all. 

[dx100uk]

Ignore

 

Dx

[intend]

Thanks, will ignore. Difficult to do so but will ignore.