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  • Roger
    replied
    Originally posted by CAPS ESC View Post
    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?
    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)
    .."

    Originally posted by cymruambyth View Post
    You only need to send one CCA. If they fail to supply one, keep quiet. If it’s UE you can send a template letter explaining why. If it’s enforceable you have to play a game to survive and achieve a result that you want on your terms.
    See Cymruambyth wise words above.
    The point is they Marlin/Cabot are in default of that CCA request and you have the proof of receipt!!

    Leave a comment:


  • Roger
    replied
    If that is Marlin Europe II Limited then they are Unlicensed ("Entering into a regulated credit agreement as lender; and exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement") since 24/04/2015

    In my case I followed the advice given here and sent a SWID at this "PL2" point which crossed in the post with their next letter which said ".. 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 ."

    Leave a comment:


  • CAPS ESC
    replied
    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?

    Leave a comment:


  • Roger
    replied
    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!!

    Leave a comment:


  • CAPS ESC
    replied
    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.

    Leave a comment:


  • CAPS ESC
    replied
    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.

    Leave a comment:


  • CAPS ESC
    replied
    lets try this

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

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • CAPS ESC
    replied
    Hi Di
    the link to my diary is at the foot of my 1st post above

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    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

    Leave a comment:


  • CAPS ESC
    replied
    Ok , SAR to Halifax on its way and SWID held back for now

    thank you.

    Leave a comment:


  • Roger
    replied
    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.


    Leave a comment:


  • CAPS ESC
    replied
    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.

    Leave a comment:

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