Cabot/bpo - old Natwest Credit Card Debt

[allets]

Apologies if I have posted in the wrong section.

Should have posted these earlier, but I have been laid up in bed with a bad back.

Anyway here all the documents received from NatWest regarding my CCA.

 

Note what is said at the top. “Received into this office on the 24th March 2009”.

Someone actually signed for it on the 21st March.

Is it my problem that it took 4 days from signing for, to reach the relevant destination of their establishment?

 

Regarding the last scan. When has a terms and conditions leaflet from 09/08 (arrowed) had any bearing on my original CCA?

 

I take it from these scans; the above does not represent my original CCA with NatWest.

What would be my next stage in dealings with NatWest? They also escaped with the skin of their teeth in providing these documents within the statutory 14 + 2 days, as I received them on Saturday 4th April.

 

I received one from Lloyds Tsb and Capital one, but will have to post them tomorrow night as photo bucket is not operating right at the moment.

 

As Advised by a fellow GAGGER I have moved this into the NatWest area.

Here are all the documents received from NatWest regarding my CCA.

 

Note what is said at the top. “Received into this office on the 24th March 2009”.

Someone actually signed for it on the 20th March.

Is it my problem that it took 4 days from signing for, to reach the relevant destination

 

I take it from these scans; the above does not represent my original CCA with NatWest.

 

What would be my next stage in dealings with NatWest?

 

They also provided me with the documents on 4th April which was 1 day over the 12 + 2 day requirement.

Am I being a bit picky with this point?

 

I take it, I can send the "account in dispute" letter?

 

Also whilst the account is in dispute, I could or should not send any payments to the account.

 

Regards,

Allets.

CCA Return.pdf

[silverfox1961]

Hi

 

While the account is in dispute you may cease payments if you wish and they cannot demand anything from you either however, they will swear that the account isn't in dispute as they have supplied what you asked for (but as you are aware, they haven't).

 

Send the A/C in dispute letter (don't forget to send recorded) but also have a look at this thread. You may have to try that route:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Be prepared for the long haul. They don't give in easily.

 

fox

[WelshMam2009]

however, they will swear that the account isn't in dispute as they have supplied what you asked for (but as you are aware, they haven't).

 

I had the same with MBNA, advising me that the account wasn't in dispute even though they hadn't supplied me with anything!!

 

The OFT's recent decision in respect of Mackenzie Hall is helpful in this regard as it states that:

 

A debt is considered as in dispute where....a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

If they can produce a signed document that contains all of the prescribed terms (not necessarily in the prescribed form) then this can be enforced under s127(3) though.

[allets]

Hello Fellow Caggers.

A brief outline of what is happening.

 

Back in 2008,

I defaulted on a few credit cards and managed to write a few of them off with the "not signed a credit agreement" .

 

However my Natwest credit card had a copy of my signed agreement, some months later Natwest sold the debt to cabot.

 

I set up a standing order and agreed to pay £20 per month. This has been paid every month since then.

 

Today I received a letter from bpo collections stating "to recover the outstanding amount of £3***.** owed to cabot".

 

They would like the outstanding amount  to be settled in full.

 

I can't settle in full, but I am ok to continue with the monthly payment of £20.00.

 

If I have a 100% track record of making the monthly payments for 13 years or more, why have they authorised another DCA to collect the full outstanding amount?

 

I can't afford to pay more than the £20 that I am already paying, I am not in arrears with cabot, what is going on?

 

Allets.

[AndyOrch]

Quote

Today I received a letter from bpo collections stating "to recover the outstanding amount of £3***.** owed to cabot".

They would like the outstanding amount  to be settled in full. I bet they would but tough

I can't settle in full, but I am ok to continue with the monthly payment of £20.00.

Then carry on paying your £20pm to Carboot.....ignore BPO.

 

Andy

[dx100uk]

old and new threads mered.

 

opps you've blindly been paying a DCA since 2008, when it was sold you should have sent a new CCA request.

send them a new CCa request today

you know what it should look like from the scans above

if it doesn't ...well i know what i would be doing!!

 

dx

 

[allets]

Hi dx100uk.

I didn't know about the above.

Do I request a new CCA from Cabot?

Are you  also suggesting that I stop payments to Cabot until this is sorted out?

 I have since then built up a good credit rating from the reference agencies  and would not like to turn this sour again.

It took some time to get straight.

Allets.

[Badtimes123]

Hi allets, CCA to whoever is the debt owner today, let us know their response, or lack there of, for further guidance

 

Or you could read up other like threads and the advice will be the same, so you'll know what to expect

 

BT

Edited May 24, 2022 by Badtimes123
elaboration

[dx100uk]

its been defaulted years ago and cannot return. once defaulted it vanishes from your file on the defaults 6th b'day never to return.

 

never blindly pay a DCA for years without sending them a CCa request.

 

we call it being a DCA cash cow.

 

dx

 

 

 

[allets]

Looks like I have been taken for a mug then.

 

If it is indeed defaulted, This DCA along with the others that I am paying, once CCA'ed they will suss out what I am up to and seeing as they are all statute barred, they can't come after me for any more money, and all of this wont affect my credit file?

 

I know that with cabot, I would be near to having paid what I "owed" them, other DCA's are long way off.

[dx100uk]

Debts can't be statute barred, you been blindly paying various dca's since 2008 

 

No CCA = no pay 

 

CCA everyone they have 12+2 working days to send signed agreements or you stop paying nothing they can do, like court or anything till each produce enforceable paperwork and we check it 

 

Type in cash+cow in the search of our red banner and get wise! On all these fleecers.

 

Dx

[allets]

OK, thanks for that will CCA them all and I will post up all the info I receive from them.

Allets.

[allets]

Hello fellow Gaggers.

 

I did what you all suggested and asked for my CCA from all the Companies/DCA’s involved.

These were sent by first class to sign for on 6 June 2022. They all received and signed for these letters on either 7 or 8 June 2022.

 

None have come back with a signed by me CCA or relevant documents.

Here are the replies I received are as follows:

 

BPO Collections, received a reply on 17 June with their letter dated 14 June, no CCA received by 27 June.

 

Dear *****

Please find your postal order for £1.

Unfortunately, we are not able to accept this as we don’t charge for this.

I have requested all the information you have asked for, once our client has responded we will send this over.

Yours Sincerely,

John McNamee.

 

Cabot Financial, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.

 

Dear *****

Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974. Unfortunately, we do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update, (their 12 days regarding an update is today 4 July, no post from them has been received).

 

You still have an outstanding balance of £****.** and you currently do not have a plan in place with us. We would like to discuss the available options with you and find you an affordable solution for this account.

Yours Sincerely,

Stephen Shaw.

 

 

NCO Europe, received a reply on 13 June their letter dated 8 June, no CCA received by 27 June.

 

Dear Sir/Madam (can’t even get my gender right).

Thank you for your request and payment for a copy of your CCA which we received today and have forwarded to your creditor.

Your creditor has advised us that they no longer require payment for this (postal order for £1.00), therefore we are returning it to you. You will receive the CCA in due course

If you have any queries blah blah blah………………

Yours Sincerely,

Joanne Perry.

 

PRA Group, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.

 

Dear *****

I am in receipt of your letter in relation to the above (request for my CCA) and have requested the required information. Until this is received, I have placed your account on hold which will cease any further collections activity until further notice.

PRA Group UK Ltd do not charge any fee to carry out this request, I am therefore returning this payment (postal order for £1.00) to you.

We will contact you to provide an update as soon as possible but if you have any questions, please contact us blah blah blah………………………………

Yours sincerely,

Carissa Rae.

 

Idem Servicing, received a reply on 18 June with their letter dated 16 June, no CCA received by 27 June.

 

Dear *****

Thank you for your request pursuant to sections 77-79 of the Consumer Credit Act 1974.

Unfortunately, we are unable to supply a copy of the credit agreement at present and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request.

 

The balance of your account is still outstanding and we will continue to pursue this debt which will include any arrears and defaults with the credit reference agencies. We can confirm the balance of your account of £****.** remains due and payable and we will continue to contact you to discuss repayment proposals.

In the meantime, we attach a statement of account detailing the transaction history.

You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement.

Yours sincerely,

Rebecca Harper.

 

Rather than scan and post the letters I have received from the DCA’s I have typed out the main points of each reply I received.

All have failed to send me a true, signed by me, with attached terms and conditions (at the time of signing) a valid Consumer Credit Agreement.

Most of each letter seems to contain bluff and bluster, and veiled threats.

One note of concern, would any of this come to bite me in the rear end, should I fail to pay them any more money, with regard to the credit reference agencies?

I await your more knowledgeable responses.

 

Allets.

[dx100uk]

until or unless any respond - you can legally cease their payments.

 

did you do some reading around here for cash cow?

 

dx

 

[allets]

I received this today, although over two weeks late.

It belongs to my other half who took out a Barclaycard C/Card somewhere around the year 2000.

 

I can't see anything appertaining to the relevant details that should be attached. Also there is a further 8 pages of general terms and conditions that I have not included. If these need uploading, then I will.

I have also done some reading regarding cash cow, to say it is interesting would be an understatement.

Allets.

Barclaycard supposed CCA .pdf

[dx100uk]

are they saying there is only £5 outstanding?

 

 

[allets]

Hi dx100uk, thanks for the reply.

Sorry for the misunderstanding, I edited out the full amount, but it is over £5,000.

Allets.

[dx100uk]

 

that my friend is a load of ole toilet paper.

 

dx

[allets]

Thought as much.

I await for other supplies.

Allets.