Help with Cabot please

[ScabHunter]

Re: Help with Cabot please

Hi DebtMagnet,

Having read through your thread, I honestly think you need to simplify the situation and tackle the problems you have in a logical and structured order.

You need to make a mental shift, from a state of confusion and trying to do too many things at once, to concentrating on achieving your objectives in a coherent order. Forget about credit files and defaults. Put them 90% out of your mind. This file is going to be completely screwed for years to come, and you need to put yourself in the frame of mind where that is accepted as a necessary consequence of having to handle a debt situation.

Here is what I would do if I was in your position -

1) Start a UE diary thread in the appropriate forum. List all of your alleged debts in the form which makes it easy for people to see at a glance what is happening with each separate issue.

2) Send CCA requests (s. 77 for fixed loans, s. 78 for running accounts, and our special request for overdrafts) for all existing alleged debts. I would even send them for any post-April 2007 debts, because these can often be 'blagged' if they end up with useless DCAs.

3) Get away from PayPlan as quickly as you can. They are wolves in sheep's clothing, funded by the very industry you are having to fight against, and they can be extremely dangerous. They have been known to return court forms as admissions without even informing the alleged debtor, and if you look on their website, you will find that they tell you to file an admission and make arrangements to pay in all cases where a court form is received. There is no mention of the possibility of filing a defence. Is that the type of organisation you want running your financial affairs?

The issue of defaults does and does not matter at the same time, if that doesn't sound too contradictory. Your credit file is going to be screwed for years, so the whole issue is an extremely minor one and should basically be ignored when following unenforceability. However, you want to try to get the defaults registered as quickly as possible, so that they come off earlier when you do get to try to rebuild your credit file. It is very much a minor issue when compared with seeing five figure alleged debts going statute barred, though.

You say that you have equity in a property? In that case, your best defence at this stage is a formal request for information under sections 77-79 of the CCA 1974. Without this in place, you are like a sitting target for anyone who wants to take a court pot shot at you. Frankly, given that you are dealing with Crapbot Farcical, are a home owner, and have an alleged debt in five figures, I'm surprised it hasn't happened already. If this is an old Sharklaycard from around 2001/2, then it would be extremely unlikely that the agreement even exists, so a request under s. 78 is likely to prove to be a permanent defence.

The first thing I would do is read some of the UE diary threads to get an idea of how the process works. We can tackle the default issue, but it is extremely minor in the overall context of your situation. What you are doing now is akin to worrying about an ingrown toenail when you've been diagnosed with cancer.

SH

[Never-In-Doubt]

Re: Help with Cabot please

I've had a search of the forums here and couldn't find an answer to another question I have.

Is it correct that a statute barred debt never really goes away and that they can eventually call on your estate after your death? This would of course assume that they it was enforcable.

No absolutely false

ONLY with a secured debt, ie a judgment (CCJ) can they do this (12 years though - not forever).

With unsecured debt, after 6 years it is SB'd - gone, finished, end of!

[gravytrain]

Re: Help with Cabot please

I've had a search of the forums here and couldn't find an answer to another question I have.

Is it correct that a statute barred debt never really goes away and that they can eventually call on your estate after your death? This would of course assume that they it was enforcable.

Part of me thinks that it would be better to get all my accounts defaulted properly, CCA them as I think they will all know then that I know they are UE (most of them anyway) and then go for a 10-20% FFS. At least that way I have something in writing to close the deal.

Or is it bad practice to offer F+F if an account is UE. Does that acknowledge the debt?

To answer your questions.
Once a debt is statute barred it cannot be enforced whenever, because the cause of action no longer applies to it.

If you make any kind of payment the clock regarding the statute bar will be restarted, in other words the new SB date will be six years from that payment.

[DebtMagnet]

Re: Help with Cabot please

Thanks for clearing that one up.

Scabhunter, I do see your point about the default but looked at the other way, my credit report could be clear of these problem accounts by 2016 if BC had defaulted me when they should have. I don't really see it as being that minor to be honest. It affects all kinds of things, especially when you run your own business as I do. If I want a company car, as director, I am credit checked. A mobile phone contract etc. Sky TV, whatever. How about the new green deal where you can borrow money to improve your home and pay it back through the energy savings? A promising deal that I might want to go for.

I accept I am stuffed until 2016, that's fine. I shall not seek credit until then. What I don't like the idea of is Carboot having the power to spread their shyte all over my report at will for the next however many years.

I very much like the idea that whatever happens and however heated it gets, those accounts will fall off and I can fight them 'in the background' as it were.

I see your point but for me, doing things methodically means first, getting that default on there, then doing CCA's to all creditors, then seeing where we are.

In my view this is a huge power shift from Carboot back to me. They are the ones on borrowed time, not me.

[Undercover Elsa]

Re: Help with Cabot please

Just to further clarify, if you make a payment AFTER the debt becomes Statute Barred, it does not restart the clock.
Only payments made before that date can do so

[cymruambyth]

Re: Help with Cabot please

Hi DebtMagnet, it is daunting starting to fight back but now that you have the support of AAD it is much easier to deal with.

I started fighting on my own about 12 years ago, I made some errors from ignorance but accepted what I was told by DCAs etc. In 2007/8 I found the old CAG (it has now changed) and started fighting. I gained 1 CCJ, before I found AAD.
I am continuing to battle and find that the support and humour on AAD has got me through the death of my father and the issuing of a court claim. NIDDY has an interesting support network that can help in most situations; in addition the site's preferred solicitors are experts in this field,when I had a claim from LTSB they took my case on as 'no win no fee' and LTSB eventually discontinued. This could be my biggest victory as the claim was for £18,000 but I also have over £30,000 of other debts linked to them.

Read, make notes, ask questions and fight.

Good luck

[DebtMagnet]

Re: Help with Cabot please

Thanks, I can see I'm going to have trouble with Carboot. They have today sent me a letter saying our 'agreement' is cancelled and the balance is now payable in full. Oh well, here we go.

I'm going to write to them regarding the default which should have been put on in 2010. Also going to CCA them. Snivelling little shytes. I was paying what I could afford but if they want war, they've got it.

[Never-In-Doubt]

Re: Help with Cabot please

Thanks, I can see I'm going to have trouble with Carboot. They have today sent me a letter saying our 'agreement' is cancelled and the balance is now payable in full. Oh well, here we go.

I'm going to write to them regarding the default which should have been put on in 2010. Also going to CCA them. Snivelling little shytes. I was paying what I could afford but if they want war, they've got it.

don't worry about the default just yet - just get the CCA for now

[DebtMagnet]

Re: Help with Cabot please

OK, will do.

[cymruambyth]

Re: Help with Cabot please

Cabot have their own interpretation of the law, most of us who have dealt with them have received several trees! Just post whenever you hear from them and someone will point you on the direction of the correct response!

[DebtMagnet]

Re: Help with Cabot please

Payplan say:

Thank you for your email.

There is no need for you to contact the creditor in regards to the letter received.

All they want is for us to resend your paperwork so that they can reset the arrangement again on their system.

This has been done today.

Just as a quick aside, while logged into payplan I had a look at a few of the creditors and under Apex who bought a Lloyds debt it says Product Name: Apex Purchased Debt 6% - DO NOT USE

Can I assume from this that they paid 6p in the pound for the debt?

[daisy]

Re: Help with Cabot please

Cabot will decimate a forest and more, just keep a copy of everything!

[cymruambyth]

Re: Help with Cabot please

Hi again, I think you need to look at leaving your DMP. These are often set up or funded by banks, so don't necessarily have your best interest and some won't allow you to go for UE.
They have done the ground work, if you want to administer this yourself you can follow their payment plans but have your own exact record o where the money is going. Whilst you are paying your debts will stay live.

[DebtMagnet]

Re: Help with Cabot please

OK, I have read a lot on this forum and given things a lot of thought and I am still of the mind that I want this Barclaycard account defaulted as of 2010. As it is, all my other accounts fall off in 2016 but Cabot have me over a barrel. Before things get really nasty, I want them to put this account into default as of 2 years ago. The should have done this and I have drafted this letter. Do you think I should send this to Barclaycard or Cabot?

Dear Sir / Madam,

I am writing to you in relation to Barclaycard account number xxx. In the early part of 2010 I encountered difficulty in making payments on this card and eventually entered a Debt Management Plan with Payplan. I also had the same issue with 5 other credit accounts at the time. All of these served a default notice on me late in 2010 and these accounts now show as in Default on my credit file.

I now notice that Barclaycard did not default the account as you should have done. Instead, you have continued to mark my credit report with 6 months late markers until the debt was finally sold on to Cabot.

This is not the correct procedure. I would point you to the guidelines issued by the ICO on this matter which I consider relevant to this account:

10*Indicators of a default

The following indicate that a breakdown has occurred in most types of product (excluding those in the section on Exceptions at paragraphs 12-15). This list is not necessarily exhaustive.

The account has been referred to a collection agency or in-house debt collection department.
The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute).

11*Time framework

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.
Quote:
• Accounts should normally be filed as being in default where those payments due have not been received for six months.


Having taken all steps I can to take responsibility for my debts and enter into a repayment plan, I do not believe I should be placed into a worse position than somebody who has not.

I hope you will record a default on this account as of August 2010 as the ICO guidelines require you to. If you will not, I will have to record an official complaint with them.

Yours sincerely,

[DebtMagnet]

Re: Help with Cabot please

An update on this. Barclaycard have agreed to add a default as of Sept 2010 to my credit file. This is great news for me as it means the account drops off my file in late 2016 with all the rest of them and there is nothing Carboot can do about it.