Letter of Claim Restons for Cabot/Lloyds OD

[Joanna Connolly Solicitors]

I think now might be a good time to send a Subject Access Request to Lloyds to get the full history of this account.

You didn't need to respond to Cabot's letter since you have the evidence of sending a valid CCA Request together with the £1 statutory fee (although at the moment it's not clear whither a CCA Request will be relevant if the overdraft wasn't renewed annually after 2012).

It may make sense if you ask for help on the forum before writing/communicating with your creditors or their solicitors.

Di

[Arthur]

Thanks for the reply, hopefully jumping before asking hasnt caused any problems..

ill get a SAR request off tomorrow to Lloyds

[nightwatch]

Hi.

So after a period of no response I got a letter today from Cabot thanking me for my 77/78 CCA request but stating that they could not process it as I had not included the £1 statuary fee. I have sent back to them the postal order reference number, the receipt from the post office and a copy of the picture I took of it with the original request letter, hopefully that will jog a memory for them. Is this usual to write back saying payment wasn't included? If it comes down to it will I need to send another one to them?
No response as yet from Restons to my LBC.....

Hi, yes it can be quite normal,request goes one way payment goes another.

I had onewho wrote saying i needed to send the payment, but I had paid by cheqe, happily told them they had cashed it the same day they had sent the letter out asking for the £1,
suggested they had auditors in to check the bank balance, other then that they should have a whipround to replace the money lost,
never heard from them again

no you don't need to send another, you have sent proof that it was enclosed with your request, Ball is in their court.
just sit and see what comes next

NW x

[Timewilltell]

You want to make a note of this as they are known to take the £1 as a payment to the account thus down the line when you think it’s SB they crop up with you made a payment on such a date of £1 thus prolonging SB date.
I’m sure some of the more experienced heads will be along to advise accordingly.

[Arthur]

Just a quick update...nothing to report, no communication from Restons or Cabot. I have sent a SAR request to Lloyds...guess I just need to wait. Enjoying the silence to be honest

[Spud]

Enjoying the silence to be honest

Absolutely that.......Enjoy the peace

You may find that you have to get used to it on a permanent basis.......Fingers crossed

[Joanna Connolly Solicitors]

no communication from Restons or Cabot. I have sent a SAR request to Lloyds.

Have you heard no more from Restons Solicitors after you replied to their Letter Before Claim for this Cabot debt?

Di

[Arthur]

Hi. No, Ive heard nothing from them. Should I just sit tight?

[nightwatch]

yep just sit twiddling your thumbs, enjoy the peace.x

[Arthur]

Just when I thought I was unloved and no one writes me anymore . Letter today from Cabot, thanking me for my request under 77-79 of CCA. Unfortunately they do not have the relevant information on file, so are requesting a copy of the credit agreement and terms and conditions from the OC as well as a statement of my account. They do state at the end that if they are unable to supply the paperwork the account will stay on my file for six years etc...
Still no word from Restons, I guess that as I ticked box D saying that Cabot hadn't fulfilled my CCA request, and they still haven't, Restons are not able to reply yet? Or am I just hoping?

[nightwatch]

it depends on the reply from Cabot, some companys, forge ahead with litigation, hoping you will crumble and send them your 1st born.
Others like to make sure they have some facts ( not always the correct ones)
And others.. who the heck knows.

[Arthur]

Hi. Cabot have replied...."We are still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request.
This means were are not permitted to obtain a judgement or decree against you in Court."
Then goes on asking me to set up a payment plan etc
In my response to Restons, I ticked box d stating my CCA request had not been fulfilled. I assume this still is the case, I have not heard back at all from Restons.

I suppose this is good news?

[nightwatch]

Yep, As they say it is UE unless they receive a valid CCA,

They can ask for payment, BUT, you don't have to make one, Plus as they state themselves " they are not permitted to obtain judgement against you in court" so Restons will have to hold fire.

NWx

[cymruambyth]

That’s great news, keep this letter very safe.

[Spud]

This is very very common with Cabot

As others have stated, keep that letter safe

You may find that they never do find those details.......