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  • Can I go the UE route?

    I have two old credit card debts - originally from c.2001

    I defaulted on them in 2005 - they were sold to Cabot shorty afterwards.

    The defaults (and the debt accounts) have now fallen off my credit file.

    I pay £37 a month, and have without blemish since 2005 - far, far more than they paid for the debt. I have tried full and final but they still want some ridiculously high amount that I cannot afford - probably my fault for being such a good payer all these years.

    Cabot called recently for their annual 'can you increase your payment'. They got their usual 'no chance'. But this time I thought to ask them for the original copy of the CCAs relating to these debts (one originated from MBNA, the other from marbles). I know this wasn't the formal written request with the £1 fee, but they said they'd dig it out.

    When I had another call from them a few weeks later I brought up the CCA request - and they admitted that they couldn't even find it. They tried to downplay this saying they couldn't be expected to have it as it was so old. Hmmm.

    I now want to make this request formal, and then to cease any further payments, but just wanted to double check the position re my credit file. The debts have been defaulted once, so as I understand it cannot be defaulted again. However, I can't be blase about this - I have waited six long years for it to clear, and I don't want to end up with another default on there.

    Is there anything that would allow them to 'reinstate' the default as the original one has dropped off the file? I'm concerned because it was the originators that made the initial defaults, might Cabot try and say that they can default it again now because they haven't previously recorded a default?

    Thanks in advance

    Paul

  • #2
    Re: Can I go the UE route?

    Thanks for the prompt response - reassuring to know what I'd suspected was right.

    I had only casually asked for the CCA on a call, but will now write formally, including the £1 payment etc. When I get nowhere with this I will cease the payments.

    Is it likely that I will then be able to get the DCA to stop chasing me for it, or will that be the price I have to pay for exposing them?

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    • #3
      Re: Can I go the UE route?

      Originally posted by Pablo0538 View Post
      Is it likely that I will then be able to get the DCA to stop chasing me for it, or will that be the price I have to pay for exposing them?
      The dca will still chase you for it but we have template letters to deal with whatever they might send. They'll soon get fed up and pass the debt onto another dca.

      It's a pity you didn't stop paying in 2005 as they'd be statute-barred by now
      Let your smile change the world but don't let the world change your smile


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Can I go the UE route?

        Originally posted by Pixie View Post
        The dca will still chase you for it but we have template letters to deal with whatever they might send. They'll soon get fed up and pass the debt onto another dca.

        It's a pity you didn't stop paying in 2005 as they'd be statute-barred by now
        Thanks again - god you guys are quick at replying!

        You're right - I wish I hadn't paid them anything - on hindsight what's the worst they could have done!?

        Could I ask you (or anyone) to point me in the right direction for the template letters (and also a template for the formal CCA request)?

        Thanks again in advance

        Paul

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        • #5
          Re: Can I go the UE route?

          CCA--> Our Templates | Unenforceability Templates | CCA Request

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          • #6
            Re: Can I go the UE route?

            The link to the template letters is on the left of the banner at the top of the page.

            Here's the direct link to the CCA request Our Templates | Unenforceability Templates | CCA Request

            'Sign Digitally' means typing your name using one of the 'handwriting' fonts in Word. On no account sign using your normal signature as there have been cases of signatures being copied and pasted to recon an agreement.
            Let your smile change the world but don't let the world change your smile


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

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