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  • Could be a claim soon from Cabot

    hi all,
    i haven't updated my diary for a while, i have been happily ignoring all comms.
    Recently however i received from cabot all overdue statements for my big Halifax debt, which started the bells ringing.
    I have now received a 'your account has been reviewed for legal action' threat o'gram. ordinarily i would ignore but in view of them getting their statements to me I am wondering if i should be responding in some way. I reckon SB will be Sept 2018 so i was expecting some escalation.

    I will await their LBA if unless somebody suggests otherwise.






    .
    Taking the unenforceability route? Post your own diary of events (like a blog) in this section.

  • #2
    Originally posted by CAPS ESC View Post
    hi all,
    i haven't updated my diary for a while, i have been happily ignoring all comms.
    Recently however i received from cabot all overdue statements for my big Halifax debt, which started the bells ringing.
    I have now received a 'your account has been reviewed for legal action' threat o'gram. ordinarily i would ignore but in view of them getting their statements to me I am wondering if i should be responding in some way. I reckon SB will be Sept 2018 so i was expecting some escalation.

    I will await their LBA if unless somebody suggests otherwise.
    .
    What is the top left hand reference on that letter?
    Cabot have been sending out a template ".. your account has been reviewed for legal action. contact with 28 days so we can prevent this from happening.." .. " We can help you to avoid this."
    Followed by another ".. consequences of your not contacting us.. What Legal Action could mean? if you don't contact within next 14 days we will proceed as highlighted above.." But what are their words? POTENTIAL LEGAL ACTION! WE COULD! OUR TYPICAL APPROACH WOULD BE TO INSTRUCT A SOLICTOR ."

    The New Legal Approach is the Letter Before Claim (this isn't a LBA) It looks as if they have changed their tactics with this new LBC!!
    I would not reply to this!

    I Can't find your Diary OK found it! Is this the one? MINT(RBS)

    I think you could respond with a SWID in due course!! Because your S.78 was to RBS?

    A SAR here to the Original Creditor would be a good insurance policy at this time! To see just what CABOT have or haven't got!
    Last edited by Roger; 11th February 2018, 13:15.

    Comment


    • #3
      Thanks Roger.
      This is my Halifax CC, although they have my MINT as well
      not quite the same wording, 1st part similar, last part different. letter ref. is PL1 Which doesn't look good.

      Comment


      • #4
        Originally posted by CAPS ESC View Post
        Thanks Roger.
        This is my Halifax CC, although they have my MINT as well
        not quite the same wording, 1st part similar, last part different. letter ref. is PL1 Which doesn't look good.
        That's the first letter reference
        The second letter ref is PL2

        Does Cabot know that there is a problem here? We wouldn't want them to not to know!!
        This is where the SWID comes in because you have evidence of sending the S.78 and the missing P/T's letter.
        Its the timing of sending the SWID to CABOT

        I would still send off for a SAR because when CABOT investigate the SWID it will be the SAR record that they and Halifax will be looking at!
        This would be of use if your were sent the new LBC in due course.


        Comment


        • #5
          Ok , SAR to Halifax on its way and SWID held back for now

          thank you.

          Comment


          • #6
            Originally posted by CAPS ESC View Post
            This is my Halifax CC

            Can you post a link to this debt in your diary so I can see the full history.

            Di

            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Originally posted by Roger View Post
              Does Cabot know that there is a problem here? We wouldn't want them to not to know!!
              This is where the SWID comes in because you have evidence of sending the S.78 and the missing P/T's letter.
              Its the timing of sending the SWID to CABOT.

              Sometimes it’s a good thing and sometimes it’s not a good thing to make a debt purchaser aware of any dispute/problem/flaws with the paperwork because this can inspire them to put the account under the microscope and suddenly realise, perhaps for the first time, that the debt is unenforceable so they set about remedying the problem with reconstituted documents.

              It’s all hypothetical at the moment because I can’t see the history.

              Di
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Originally posted by Roger View Post
                I would still send off for a SAR because when CABOT investigate the SWID it will be the SAR record that they and Halifax will be looking at!

                I may have misunderstood this post but I thought I should clarify that the SAR content is confidential between the OP and Halifax.

                Cabot would not necessarily have access to the same information depending on any conditions written into the Deeds.

                When a debt is assigned only minimal information is provided by the original creditor to the the debt purchaser.

                Di
                Legal Disclaimer

                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  Hi Di
                  the link to my diary is at the foot of my 1st post above

                  Comment


                  • #10
                    Originally posted by CAPS ESC View Post
                    Hi Di
                    the link to my diary is at the foot of my 1st post above
                    I was unable to access that link. I believe this forum has had some technical problems recently.

                    Feel free to ask me for help if you need it in future.

                    Di

                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #11
                      lets try this

                      https://www.all-about-debt.co.uk/for...s-esc-ue-diary

                      Comment


                      • #12
                        Originally posted by CAPS ESC View Post
                        Ok , SAR to Halifax on its way and SWID held back for now

                        thank you.
                        Received a quick reply to my SAR from BoS( Halifax CC) asking me to supply a signature.

                        i shall send them the SAR Signature Request template.

                        Comment


                        • #13
                          Received PL2 from Ca bot today giving me 14 days to contact them or they 'will proceed as highlighted above'.

                          Is it now time to send SWID letter.

                          Comment


                          • #14
                            Originally posted by CAPS ESC View Post
                            Received PL2 from Ca bot today giving me 14 days to contact them or they 'will proceed as highlighted above'.
                            Is it now time to send SWID letter.
                            On the PL2 letter right hand side will be the Current Creditor? Who is that?
                            From the UE Diary
                            "..
                            Dec'2013 account sold to Merlin please contact within 5 days.
                            CCA request sent to marlin
                            Dec'2013 Marlin acknowedge and say will forward (they NEVER HAVE from what i can tell)
                            .."
                            It looks as if Marlin are in default of a CCA request!! ( That DEC 2013 letter proves the CCA request! )

                            This puts Marlin (Cabot) in default of CCA and you wouldn't want them to rectify this!!

                            Comment


                            • #15
                              Thanks Roger

                              It is owned by marlin europe II.

                              I don't think they would have any trouble getting my cca so that doesn't give too much comfort.
                              Do we have any indications on c a bots next move. Are they likely to send an LBA next at which point we still have time to send them something?

                              Comment

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