Which Way to Go?

[Joanna Connolly Solicitors]

Hello Di

all debts have been SB . . . I have never replied with an SB letter.

Wise move because the last payment isn’t always the legal benchmark for Statute Barred - sometimes the Default can be a factor.

Keep your head down.

Di

[Still Waving]

Hello Di

Yes - as far as I am concerned, all debts have been SB since July 2018. I still get the occasional softly worded letter in respect of some, which I simply file and ignore. I have never replied with an SB letter.

[Joanna Connolly Solicitors]

Your debts must all be Statute Barred by now aren’t they

Di

[Still Waving]

This is all sounding a bit more positive.........In the best possible way..........I hope they spam you with fluffy offer letters for the future

Thanks Spud - so do I.

[Spud]

This is all sounding a bit more positive.........In the best possible way..........I hope they spam you with fluffy offer letters for the future

[Still Waving]

Originally Posted by Still Waving
Credit card 4 Mint/RBS. – Taken out during 90's (I think)
Balance approx. £8,750
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender/Moorcroft/Midas/Westcot/Regal (prior to being sold on). Then -
Sold by RBS to Cabot Financial (UK) Ltd May 2016.

02/08/12 CCA 1974 request sent to RBS
15/08/12 Reply received from Mint re CCA request. They have returned my postal order, and the gist of their letter is"I am unable to deal with your request due to, (ticked as appropriate)
s78 request received, however this has been returned to you as we require your signature before we can proceed. Please sign your request for information and return ....."
29/08/12 sent CCA Request - Demand of Signature by Creditor letter to Mint/RBS.
05/09/12 RBS letter- "THIS IS A FINAL DEMAND FOR PAYMENT - We currently require (the full amount) from you. If we do not receive a payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage ........ discuss a repayment programme"
15/09/12 sent RBS a brief letter reminding that CCA 1974 request is outstanding.
29/10/12 RBS letter - “Details have been passed to Moorcroft to act as collection agent.” - Ignored.
24/11/12 Moorcroft letter - “IMPORTANT INFORMATION – POSSIBLE FURTHER ACTION. …. please send your payment proposal ….. if not … recommend possible further debt recovery action. Contact us now …. in certain circumstances we may be able to offer a substantial discount ...” - Ignored.11/12/12 Moorcroft letter - “Monthly Instalment Offer …... An illustration of the kind of figure ...£120 per month … clear balance in 73 months … failure to respond ... recommend taking further debt recovery action ...Do not ignore this letter.”
18/12/12 Sent Account Sold w i Dispute letter to Moorcroft
27/12/12 letter from Midas Credit Services - “WARNING OF POSSIBLE FURTHER ACTION - We are part of the Moorcroft Group ….. As no agreement has been reached we have been asked to review your account to consider the steps which may be taken ….. options include recommending one of the following: Continue our attempts to contact you by letter and phone; …. arrange to call at your home address; … referral for consideration by our Litigation Selection Team. To prevent … you must contact Moorcroft ….Failure to contact Moorcroft ….”
08/01/13 Letter to Midas CSreferring them to my letter to Moorcroft Debt Recovery dated 18/12/12.
09/01/13 Letter from MoorcroftHome Collections Division - “DISCOUNT OFFER - ….failed to make any payment to us ...passed to Home Collections Division for action. This may involve local rep calling at your home....
client has authorised us to consider a discounted settlement figure …Depending on your circumstances we may be able to offer you; A reduction of up to 20% subject to your personal circumstances ...Greater discounts may be available to you and can often vary, dependent on your personal circumstances ….The option of paying the agreed settlement figure over a period of up to 3 months subject to terms & conditions. …if no satisfactory arrangement made with us or our local representative … recommend to our client ...commence further recovery action.”
17/01/13 letter to Moorcroft reminding them that a/c SWID along with a Doorstep Visit letter.
17/01/13 Moorcroft letter (received 22/01/13) - “ Thank you for your recently received letter requesting a copy of your credit agreement( No!) … client has confirmed that you must put your request in writing to the following address ….”
28/02/13 sent letter in response to further follow up from Moorcroft, pointing out that I had already twice requested CCA info from RBS along with fee.
04/03/13 Moorcroft letter. They are communicating with client and meantime action will be suspended. Filed
12/03/13 Moorcroft letter - "Client advises that they have received your CCA request, however they have requested that you sign your request ......" As I had already sent a Demand of Signature by Creditor letter direct to RBS months ago - Filed.
17/05/13 Mint letter advising account now to Westcot as new collection agent. - Filed.
05/06/13 Westcot letter with red banner header."Notice of debt collection ..... you must contact us ASAP .... failure to do so ...further recovery action." - Filed.
15/06/13 Westcot letter - "Final Notice ..... now confirmed that you are still resident .... unless you contact us in next 10 days .... further recovery action ..." - Filed.
25/06/13 Westcot letter - "Reduced Settlement Offer (no figure mentioned) .... limited period .... unless blah blah ... 10 days .... further recovery action will be taken."- Filed.
10/07/13 Westcot letter - "The opportunity to take control of your outstanding balance ..... take control with repayments that you agree and that you can afford over a period of time ..... no further phone calls, letters etc etc ......" - Filed.
20/07/13 Westcot letter - "Doorstep Collection Notice .......... instructions will now be provided to Credit Security ...." - Filed.
30/07/13 Westcot letter - "Instructions have now been provided (doorstep collection visit) to our agent Credit Security ....." - Filed
31/07/13 Credit Security letter - "blah, blah .... within 10 days ... doorstep collector ...."
07/08/13 letter to Credit Securities - "Threat of Doorstep Visit (and btw, in dispute with RBS)".
16/08/13 Credit Security letter - referred back to clients for instruction.
06/12/13 Regal Credit Consultants letter - "Details passed to us by RBS ..... will contact you during next 7 days by letter and/or phone ......"
A few missed calls and voicemails from Regal Credit Consultants.
30/12/13 Regal CC letter - "As we have not been notified of any reason for non-payment, our client has instructed us to collect ... in full to avoid any further debt recovery action .... we will work with you .... arrangement that is affordable and sustainable ..... it is in your own interest to contact us to discuss this matter"
09/01/14 sent SWID letter to Regal CC.
23/01/14 letter received from Mint/RBS, shown in #333 above -Link- (sent to my old address) following my SWID letter sent to Regal Credit Consultants using my current address.
04/03/14 sent letter to Mint - a tweaked Niddy Special, telling them they are playing silly buggers, they still have my CCA request & fee, I'm not signing anything, they know who I am, and their agents have been writing to my current address with sensitive info for months.
07/03/14 Mint reply (sent to my current address) - identical to the last one except the paragraph relating to change of address has been cut.
10.04.14 Letter to Mint reiterating my position as set out in last letter.
15.04.14 Mint letter - Identical to their previous one.

May 2016 - Notice of assignment on RBS letterhead - "We have sold the account to Cabot Financial (UK) Ltd. They have instructed Cabot Financial Europe to manage the account. Cabot Financial (Europe) Ltd is licensed ...." - Is it still problematic for CF(UK) to be buying debt in the first half of 2016? There is a corresponding letter from Cabot, but neither one actually gives a date of assignment.
June 2016 - Cabot letter - "Taking positive first steps ...." - Filed
June 2016 - Cabot letter - "Your outstanding balance is waiting to be paid ..." - Filed
Aug 2016 - Cabot letter - "Our offer to you ..... We are prepared to reduce the balance ..." - Filed .All these letters state that the current creditor is Cabot Financial (UK) Ltd
Sept 2016 - Cabot, half yearly statement of account. - Ahh, this states date assigned 3 May 2016.
Oct 2016 - Cabot letter - "Your Next Steps ....." - Filed.
Nov 2016 - Cabot letter - "Black Friday Offer ...." - Filed.
Jan 2017 - Cabot letter - "Take Positive Steps to Repaying ..." - Filed.
Feb 2017 - Cabot letter - "What We Can Do For You ... " (I&E Form enclosed)- Filed.
March 2017 - Cabot letter - "Tell us your budget, save £50". I&E form enclosed - Filed.
April 2017 - Cabot letter - "A new approach" - Filed
May 2017 - Cabot letter - "How we can help" - Filed
June 2017 - Cabot letter - Your account" - They say they are considering sending the account to an external debt collection company if I don't contact them within 14 days. - Filed.
28/07/17 - Cabot letter. - They appear to have stepped back from their threat to pass to an external company, and only set out payment options including an unspecified discount (I&E form enclosed). - Filed, and will see what comes next.

'Soft' letters from Cabot on a monthly basis since last entry (all just filed), then -
07/03/18 Cabot letter - Offering a discount which amounts to 75% off, and quoting a figure a little over £2k to clear the account. - Very nice, but I would rather settle at £Zero, thank you. - Filed.

[Still Waving]

Originally Posted by Still Waving
Credit card 4 Mint/RBS. – Taken out during 90's (I think)
Balance approx. £8,750
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender/Moorcroft/Midas/Westcot/Regal (prior to being sold on). Then -
Sold by RBS to Cabot Financial (UK) Ltd May 2016.

02/08/12 CCA 1974 request sent to RBS
15/08/12 Reply received from Mint re CCA request. They have returned my postal order, and the gist of their letter is"I am unable to deal with your request due to, (ticked as appropriate)
s78 request received, however this has been returned to you as we require your signature before we can proceed. Please sign your request for information and return ....."
29/08/12 sent CCA Request - Demand of Signature by Creditor letter to Mint/RBS.
05/09/12 RBS letter- "THIS IS A FINAL DEMAND FOR PAYMENT - We currently require (the full amount) from you. If we do not receive a payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage ........ discuss a repayment programme"
15/09/12 sent RBS a brief letter reminding that CCA 1974 request is outstanding.
29/10/12 RBS letter - “Details have been passed to Moorcroft to act as collection agent.” - Ignored.
24/11/12 Moorcroft letter - “IMPORTANT INFORMATION – POSSIBLE FURTHER ACTION. …. please send your payment proposal ….. if not … recommend possible further debt recovery action. Contact us now …. in certain circumstances we may be able to offer a substantial discount ...” - Ignored.11/12/12 Moorcroft letter - “Monthly Instalment Offer …... An illustration of the kind of figure ...£120 per month … clear balance in 73 months … failure to respond ... recommend taking further debt recovery action ...Do not ignore this letter.”
18/12/12 Sent Account Sold w i Dispute letter to Moorcroft
27/12/12 letter from Midas Credit Services - “WARNING OF POSSIBLE FURTHER ACTION - We are part of the Moorcroft Group ….. As no agreement has been reached we have been asked to review your account to consider the steps which may be taken ….. options include recommending one of the following: Continue our attempts to contact you by letter and phone; …. arrange to call at your home address; … referral for consideration by our Litigation Selection Team. To prevent … you must contact Moorcroft ….Failure to contact Moorcroft ….”
08/01/13 Letter to Midas CSreferring them to my letter to Moorcroft Debt Recovery dated 18/12/12.
09/01/13 Letter from MoorcroftHome Collections Division - “DISCOUNT OFFER - ….failed to make any payment to us ...passed to Home Collections Division for action. This may involve local rep calling at your home....
client has authorised us to consider a discounted settlement figure …Depending on your circumstances we may be able to offer you; A reduction of up to 20% subject to your personal circumstances ...Greater discounts may be available to you and can often vary, dependent on your personal circumstances ….The option of paying the agreed settlement figure over a period of up to 3 months subject to terms & conditions. …if no satisfactory arrangement made with us or our local representative … recommend to our client ...commence further recovery action.”
17/01/13 letter to Moorcroft reminding them that a/c SWID along with a Doorstep Visit letter.
17/01/13 Moorcroft letter (received 22/01/13) - “ Thank you for your recently received letter requesting a copy of your credit agreement( No!) … client has confirmed that you must put your request in writing to the following address ….”
28/02/13 sent letter in response to further follow up from Moorcroft, pointing out that I had already twice requested CCA info from RBS along with fee.
04/03/13 Moorcroft letter. They are communicating with client and meantime action will be suspended. Filed
12/03/13 Moorcroft letter - "Client advises that they have received your CCA request, however they have requested that you sign your request ......" As I had already sent a Demand of Signature by Creditor letter direct to RBS months ago - Filed.
17/05/13 Mint letter advising account now to Westcot as new collection agent. - Filed.
05/06/13 Westcot letter with red banner header."Notice of debt collection ..... you must contact us ASAP .... failure to do so ...further recovery action." - Filed.
15/06/13 Westcot letter - "Final Notice ..... now confirmed that you are still resident .... unless you contact us in next 10 days .... further recovery action ..." - Filed.
25/06/13 Westcot letter - "Reduced Settlement Offer (no figure mentioned) .... limited period .... unless blah blah ... 10 days .... further recovery action will be taken."- Filed.
10/07/13 Westcot letter - "The opportunity to take control of your outstanding balance ..... take control with repayments that you agree and that you can afford over a period of time ..... no further phone calls, letters etc etc ......" - Filed.
20/07/13 Westcot letter - "Doorstep Collection Notice .......... instructions will now be provided to Credit Security ...." - Filed.
30/07/13 Westcot letter - "Instructions have now been provided (doorstep collection visit) to our agent Credit Security ....." - Filed
31/07/13 Credit Security letter - "blah, blah .... within 10 days ... doorstep collector ...."
07/08/13 letter to Credit Securities - "Threat of Doorstep Visit (and btw, in dispute with RBS)".
16/08/13 Credit Security letter - referred back to clients for instruction.
06/12/13 Regal Credit Consultants letter - "Details passed to us by RBS ..... will contact you during next 7 days by letter and/or phone ......"
A few missed calls and voicemails from Regal Credit Consultants.
30/12/13 Regal CC letter - "As we have not been notified of any reason for non-payment, our client has instructed us to collect ... in full to avoid any further debt recovery action .... we will work with you .... arrangement that is affordable and sustainable ..... it is in your own interest to contact us to discuss this matter"
09/01/14 sent SWID letter to Regal CC.
23/01/14 letter received from Mint/RBS, shown in #333 above -Link- (sent to my old address) following my SWID letter sent to Regal Credit Consultants using my current address.
04/03/14 sent letter to Mint - a tweaked Niddy Special, telling them they are playing silly buggers, they still have my CCA request & fee, I'm not signing anything, they know who I am, and their agents have been writing to my current address with sensitive info for months.
07/03/14 Mint reply (sent to my current address) - identical to the last one except the paragraph relating to change of address has been cut.
10.04.14 Letter to Mint reiterating my position as set out in last letter.
15.04.14 Mint letter - Identical to their previous one.

May 2016 - Notice of assignment on RBS letterhead - "We have sold the account to Cabot Financial (UK) Ltd. They have instructed Cabot Financial Europe to manage the account. Cabot Financial (Europe) Ltd is licensed ...." - Is it still problematic for CF(UK) to be buying debt in the first half of 2016? There is a corresponding letter from Cabot, but neither one actually gives a date of assignment.
June 2016 - Cabot letter - "Taking positive first steps ...." - Filed
June 2016 - Cabot letter - "Your outstanding balance is waiting to be paid ..." - Filed
Aug 2016 - Cabot letter - "Our offer to you ..... We are prepared to reduce the balance ..." - Filed .All these letters state that the current creditor is Cabot Financial (UK) Ltd
Sept 2016 - Cabot, half yearly statement of account. - Ahh, this states date assigned 3 May 2016.
Oct 2016 - Cabot letter - "Your Next Steps ....." - Filed.
Nov 2016 - Cabot letter - "Black Friday Offer ...." - Filed.
Jan 2017 - Cabot letter - "Take Positive Steps to Repaying ..." - Filed.
Feb 2017 - Cabot letter - "What We Can Do For You ... " (I&E Form enclosed)- Filed.
March 2017 - Cabot letter - "Tell us your budget, save £50". I&E form enclosed - Filed.
April 2017 - Cabot letter - "A new approach" - Filed
May 2017 - Cabot letter - "How we can help" - Filed
June 2017 - Cabot letter - Your account" - They say they are considering sending the account to an external debt collection company if I don't contact them within 14 days. - Filed.

Update:
28/07/17 - Cabot letter. - They appear to have stepped back from their threat to pass to an external company, and only set out payment options including an unspecified discount (I&E form enclosed). - Filed, and will see what comes next.

[Joanna Connolly Solicitors]

I wonder whether they might still initiate court action in the hope that the alleged debtor was ignorant of this point.

Creditors/debt purchasers know that 87% of money claims go undefended (Default Judgment/CCJ) so it's likely that they do issue claims hoping that the Defendant won't even know the legal situation or more importantly those that do respond to the claim wouldn't have a clue how to argue it in court.

Di

[Still Waving]

Well I see you say the account was assigned to Cabot Financial (UK) Ltd.

Have you seen these posts on another thread on this forum >






Di

Hello Di

Yes I have seen those posts before. That is encouraging, but I wonder whether they might still initiate court action in the hope that the alleged debtor was ignorant of this point.

[Joanna Connolly Solicitors]

Well I see you say the account was assigned to Cabot Financial (UK) Ltd.

Have you seen these posts on another thread on this forum >

Re: Cabot

Their website now lists them as Cabot Financial (Europe) Limited, which is currently authorised.

As is Cabot Financial (Marlin) Limited.

It's just Cabot Financial (UK) Limited which has lapsed, which presumably they no longer operate under?

Re: Cabot

If they aren't authorised they can't assign a debt, debt collect a debt or start action

Di

[Still Waving]

Re: Which Way to Go?


Originally posted by Still Waving View Post

Originally Posted by Still Waving
Credit card 4 Mint/RBS. – Taken out during 90's (I think)
Balance approx. £8,750
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by lender/Moorcroft/Midas/Westcot/Regal (prior to being sold on). Then -
Sold by RBS to Cabot Financial (UK) Ltd May 2016.

02/08/12 CCA 1974 request sent to RBS
15/08/12 Reply received from Mint re CCA request. They have returned my postal order, and the gist of their letter is"I am unable to deal with your request due to, (ticked as appropriate)
s78 request received, however this has been returned to you as we require your signature before we can proceed. Please sign your request for information and return ....."
29/08/12 sent CCA Request - Demand of Signature by Creditor letter to Mint/RBS.
05/09/12 RBS letter- "THIS IS A FINAL DEMAND FOR PAYMENT - We currently require (the full amount) from you. If we do not receive a payment within the next 14 days, the account will be sent to a debt collection agent. Even at this late stage ........ discuss a repayment programme"
15/09/12 sent RBS a brief letter reminding that CCA 1974 request is outstanding.
29/10/12 RBS letter - “Details have been passed to Moorcroft to act as collection agent.” - Ignored.
24/11/12 Moorcroft letter - “IMPORTANT INFORMATION – POSSIBLE FURTHER ACTION. …. please send your payment proposal ….. if not … recommend possible further debt recovery action. Contact us now …. in certain circumstances we may be able to offer a substantial discount ...” - Ignored.11/12/12 Moorcroft letter - “Monthly Instalment Offer …... An illustration of the kind of figure ...£120 per month … clear balance in 73 months … failure to respond ... recommend taking further debt recovery action ...Do not ignore this letter.”
18/12/12 Sent Account Sold w i Dispute letter to Moorcroft
27/12/12 letter from Midas Credit Services - “WARNING OF POSSIBLE FURTHER ACTION - We are part of the Moorcroft Group ….. As no agreement has been reached we have been asked to review your account to consider the steps which may be taken ….. options include recommending one of the following: Continue our attempts to contact you by letter and phone; …. arrange to call at your home address; … referral for consideration by our Litigation Selection Team. To prevent … you must contact Moorcroft ….Failure to contact Moorcroft ….”
08/01/13 Letter to Midas CSreferring them to my letter to Moorcroft Debt Recovery dated 18/12/12.
09/01/13 Letter from MoorcroftHome Collections Division - “DISCOUNT OFFER - ….failed to make any payment to us ...passed to Home Collections Division for action. This may involve local rep calling at your home....
client has authorised us to consider a discounted settlement figure …Depending on your circumstances we may be able to offer you; A reduction of up to 20% subject to your personal circumstances ...Greater discounts may be available to you and can often vary, dependent on your personal circumstances ….The option of paying the agreed settlement figure over a period of up to 3 months subject to terms & conditions. …if no satisfactory arrangement made with us or our local representative … recommend to our client ...commence further recovery action.”
17/01/13 letter to Moorcroft reminding them that a/c SWID along with a Doorstep Visit letter.
17/01/13 Moorcroft letter (received 22/01/13) - “ Thank you for your recently received letter requesting a copy of your credit agreement( No!) … client has confirmed that you must put your request in writing to the following address ….”
28/02/13 sent letter in response to further follow up from Moorcroft, pointing out that I had already twice requested CCA info from RBS along with fee.
04/03/13 Moorcroft letter. They are communicating with client and meantime action will be suspended. Filed
12/03/13 Moorcroft letter - "Client advises that they have received your CCA request, however they have requested that you sign your request ......" As I had already sent a Demand of Signature by Creditor letter direct to RBS months ago - Filed.
17/05/13 Mint letter advising account now to Westcot as new collection agent. - Filed.
05/06/13 Westcot letter with red banner header."Notice of debt collection ..... you must contact us ASAP .... failure to do so ...further recovery action." - Filed.
15/06/13 Westcot letter - "Final Notice ..... now confirmed that you are still resident .... unless you contact us in next 10 days .... further recovery action ..." - Filed.
25/06/13 Westcot letter - "Reduced Settlement Offer (no figure mentioned) .... limited period .... unless blah blah ... 10 days .... further recovery action will be taken."- Filed.
10/07/13 Westcot letter - "The opportunity to take control of your outstanding balance ..... take control with repayments that you agree and that you can afford over a period of time ..... no further phone calls, letters etc etc ......" - Filed.
20/07/13 Westcot letter - "Doorstep Collection Notice .......... instructions will now be provided to Credit Security ...." - Filed.
30/07/13 Westcot letter - "Instructions have now been provided (doorstep collection visit) to our agent Credit Security ....." - Filed
31/07/13 Credit Security letter - "blah, blah .... within 10 days ... doorstep collector ...."
07/08/13 letter to Credit Securities - "Threat of Doorstep Visit (and btw, in dispute with RBS)".
16/08/13 Credit Security letter - referred back to clients for instruction.
06/12/13 Regal Credit Consultants letter - "Details passed to us by RBS ..... will contact you during next 7 days by letter and/or phone ......"
A few missed calls and voicemails from Regal Credit Consultants.
30/12/13 Regal CC letter - "As we have not been notified of any reason for non-payment, our client has instructed us to collect ... in full to avoid any further debt recovery action .... we will work with you .... arrangement that is affordable and sustainable ..... it is in your own interest to contact us to discuss this matter"
09/01/14 sent SWID letter to Regal CC.
23/01/14 letter received from Mint/RBS, shown in #333 above -Link- (sent to my old address) following my SWID letter sent to Regal Credit Consultants using my current address.
04/03/14 sent letter to Mint - a tweaked Niddy Special, telling them they are playing silly buggers, they still have my CCA request & fee, I'm not signing anything, they know who I am, and their agents have been writing to my current address with sensitive info for months.
07/03/14 Mint reply (sent to my current address) - identical to the last one except the paragraph relating to change of address has been cut.
10.04.14 Letter to Mint reiterating my position as set out in last letter.
15.04.14 Mint letter - Identical to their previous one.

May 2016 - Notice of assignment on RBS letterhead - "We have sold the account to Cabot Financial (UK) Ltd. They have instructed Cabot Financial Europe to manage the account. Cabot Financial (Europe) Ltd is licensed ...." - Is it still problematic for CF(UK) to be buying debt in the first half of 2016? There is a corresponding letter from Cabot, but neither one actually gives a date of assignment.
June 2016 - Cabot letter - "Taking positive first steps ...." - Filed
June 2016 - Cabot letter - "Your outstanding balance is waiting to be paid ..." - Filed
Aug 2016 - Cabot letter - "Our offer to you ..... We are prepared to reduce the balance ..." - Filed .All these letters state that the current creditor is Cab Fin (UK) Ltd
Sept 2016 - Cabot, half yearly statement of account. - Ahh, this states date assigned 3 May 2016.
Oct 2016 - Cabot letter - "Your Next Steps ....." - Filed.
Nov 2016 - Cabot letter - "Black Friday Offer ...." - Filed.
Jan 2017 - Cabot letter - "Take Positive Steps to Repaying ..." - Filed.
Feb 2017 - Cabot letter - "What We Can Do For You ... " (I&E Form enclosed)- Filed.

Update:

March 2017 - Cabot letter - "Tell us your budget, save £50". I&E form enclosed - Filed
April 2017 - Cabot letter - "A new approach" - Filed
May 2017 - Cabot letter - "How we can help" - Filed
June 2017 - Cabot letter - Your account" - They say they are considering sending the account to an external debt collection company if I don't contact them within 14 days.

I note that Di Mayhew says that Cabot sometimes use Restons or Shoosmiths as their external debt collector.

14 valuable months have passed since the account was assigned and this is the first hint of a threat.
At some point I ought to send them either a SWID letter as currently they don't know that the original creditor refused all CCA requests (without a signature), or else send a new CCA74 request. I already have 2 accounts where Shoosmiths are involved, and I don't particularly want them or Restons on this one too.

I wonder if now is the time to start engaging with Cabot and stringing it out with them ( 1 year to SB).

Any thoughts folks?

[Still Waving]

An update -

Re: Which Way to Go?
Bank account LLoydsTSB – originally TSB a/c opened 80's
Balance approx. £2140
Last full monthly repayment May 2010
DMP payments since then.
Last DMP payment May 2012.
Being administered by SCS Solicitors/Apex/Morecrap/Robway/Westcot/Crapfest for bank.

This is not really an overdraft account, it was a TSB (revolving credit) account allowing up to 30 times the monthly transfer from the current account.

Letters dated 12/9/12From LloydsTSB and Apex Credit Management in the same envelope. Apex have been instructed to arrange collection of the outstanding amount. I note that the letters are referring to this as a current account, which it is most definitely not.
18/9/12- voicemail message from Apex - "Contact us."
26/09/12 sent CCA Request to Apex, pointing out that this is not a current account, and also incorporating a request to stop the harassing phone calls (which I had not been picking up).
01/10/12 received Apex letter dated 27/09/12 (Re CCA request) “In relation to the aforementioned account, we can confirm that we are unable to obtain copies of the required documentation from the original creditor in order to comply with your request due to the fact that your account is a current account and no copies of agreements are available on these types of accounts and therefore your request does not fall under sections 77-79 of the CCA Act of 1974.”

(NOTE: Most of interim history comment omitted on this occasion)

04/10/12. Letter sent to Apex, reiterating that this is not a current account and repeating that it falls under CCA 1974 so I require the info.
Received a letter from LTSB dated 04/10/12. "Thank you for contacting us about a Personal Loan. (I didn't)Unfortunately we are unable to trace an account held by you here at the Loan Centre.”
Apex letter 09/10/12. “With reference to your recent dispute, we can confirm your account is currently under referal (sic), with our request for a Copy of Agreement, Statement of Accounts and Terms and Conditions due to be supplied by Lloyds Banking Group.”
22/10/12 Apex letter (Precis of longish letter) - “OC states that this was originally a current account, and as the debt relates to a current account CCA 1974 does not apply.
For your convenience, the £1 payment has been used to reduce your outstanding indebtedness. If you disagree we will arrange for the £1 to be returned to you.”
07/11/12 letter to Apex. - “I can prove this is not my current account ….. Use of my £1 is clearly against the express purpose for which it was sent....Require you to recover the sum from where you have posted it, and to apply it to my Consumer Credit Act 1974 request.”
12/11/12 Apex letter – (Precis) “We're just piggy in the middle, reliant on LTSB info supplied. We have requested account documentation …. until any uncertainty regarding the debt is removed all collection activity will be suspended.
Until docs received, propose to leave the £1 on your account … if docs show that account doesn't fall under CCA 74, your £1 can either remain on the account or be returned to you.
15/01/13 Letter on LTSB letterhead (but posted in Stockport) - “ As we haven't been able to agree a repayment plan we've transferred the account to Moorcroft DCA..... Please contact Moorcroft.....”
19/01/13 Moorcroft letter – Same content as the 28/12/12 letter to spent2much here ->> allaboutFORUMS - View Single Post - spent2much UE diary
24/01/13 Sent letter to Apex demanding they acknowledge misappropriation of my £1 and confirm that the transaction has been reversed.
30/01/13 SWID sent to Moorcroft.
02/02/13 rec'd Moorcroft 30/01/13 letter - "POSSIBLE FURTHER ACTION". As this crossed with my letter I am simply filing it.
(31/01/13 Apex letter - "Investigating your concerns ... will write to you again .....enc copy of our internal Complaint Procedure ...." 20/02/13 Argumentative final response from Apex, but enclosing refund of £1. I was not entirely happy, so sent Apex a further letter and finally got a letter with a satisfactory statement that the original £1 had been removed from the account.)
01/02/13 Moorcroft letter - " thank you ... letter requesting copy of the credit agreement. (No!) However under CCA74 you must pay £1 fee ... if you submit payment we will gladly process your request." They have returned with it my SWID letter of 30/01/13.
20/02/13 returned my SWID letter to Moorcroft, telling them to read it properly.
27/02/13 Moorcroft letter - "Communicating with client - meanwhile follow-up action suspended."
15/06/13 Moorcroft letter - " ... advised that this is for a bank account which does not have an executed agreement. Further to this sections 77 78 CCA74 do not apply as it is not a credit agreement"
28/06/13 letter to Moorcroft pointing that they have been misinformed, and the information given to a previous agent was also incorrect, and that I can prove if necessary that this does not relate to my current account, as they have alleged.
02/07/13 Moorcroft letter - "Communicating with our client ... follow-up action suspended."
12/08/13 Moorcroft letter - "POSSIBLE FURTHER ACTION"
20/08/13 letter to Moorcroft referring to previous correspondence, and their last letter.
28/08/13 Moorcroft letter - "Moorcroft no longer responsible for collection ..."
20/09/13 letter purporting to come from LTSB - "We've transferred your LTSB CURRENT ACCOUNT to Robinson Way ..."
25/09/13 'Nice' introductory letter from RobWay enclosing a financial statement form which I can complete and return with my payment offer.(As if!) Three unanswered calls and a voicemail message from Robway since.
05/10/13 RobWay letter - "We are authorised to negotiate repayment of the balance outstanding ..... if you fail to pay or contact us .... continue to contact you by letter/phone or doorstep agent .... Please call us ....." - Ignored.
19/11/13 LTSB letter - " ......transferred your account to Westcot...... instructed Westcot to arrange collection ....." - Filed.
01/12/13 Westcot letter - "Address verification ....... if we do not hear from you by 11/12/13 ...." - Ignored.
08/12/13 Westcot letter - "Notice of Debt Collection ...... to avoid further action either pay up or contact us on ******* ...." - Ignoring for now.
18/12/13 Westcot letter - "REMINDER NOTICE - ...Unless you contact us and agree repayment of £***** within the next 10 days .... This may lead to doorstep collector, or either us or our client taking legal action through the courts ......... PAYMENT DUE BEFORE: 1st January 2014."
28/12/13 sent SWID incorporating "no more calls" to Westcot.
28/12/13 (rec'd 3/1/14) Westcot letter - "Reduced Settlement Offer (no figures mentioned) ..... limited period, contact us by 7/1/14 to agree suitable settlement or offer will be withdrawn ....."
08/01/14 Westcot letter acknowledging dispute.
10/02/14 Lloyds letter thanking me for letting them know I have an issue with the account, which they will deal with asap.
12/02/14 Lloyds letter thanking me for contacting them with my complaint (I didn't) and enclosing a cheque for £100 for expenses and inconvenience caused in the handling of my complaint.
They go on to reiterate that CCA does not apply to current accounts (which they clearly still regard this as, though it is not).
26.03.14 New CCA request sent to Lloyds, also pointing out that they are providing misleading information by insisting that the alleged debt relates to my current account.
01.04.14 Lloyds letter returning my letter and PO as it was not made payable to them, and they cannot identify a loan account with the details I have provided.
23.04.14 Lloyds letter informing me that they have instructed Crapfest to arrange collection of the outstanding amount.
01.05.14 - Capquest introductory letter, they would like to work with me ...... As the letter contained no threats filed to wait for the next letter.

16.05.14 Capquest letter - "Are you experiencing difficulties?" - Filed.
31.05.14 Capquest letter- "You haven' told us why your account hasn't been resolved. Our team would like to help you reach an affordable repayment plan."
18.06.14 - CCA request to Capquest, also including your client has misinformed you that this is a current account, and no more phone calls.
15.06.14 (Rec'd 20.06.14) Capquest letter offering an unspecified settlement figure. - Filed.
24.06.14 Capquest letter saying that client confirms this relates to current a/c no xxxxx, CCA74 does not apply to overdrafts on current a/c. £1 fee returned. They are requesting statements from Lloyds and will send them when received.
22.07.14 Capquest letter enclosing monthly statements for 2010 (goodness knows why this period, the account goes back to the 80's). Helpfully from my point of view, some of the statements refer to the account as Moneyplan (which is what it originally was). Others refer to it as Classic which is what my current account was known as. Capquest ask that I call them to discuss repayment options. Won't be doing that, so I think I shall await their next letter.
Oct 2016 - Statement of account from Lloyds, showing a difference of over £100 less between opening balance and closing balance. No dates shown for balances, no movements shown, and no explanation for the difference. There was no PPI on this account. Will simply file this away.

Update:

29.06.17 - Letter received from Lloyds. Following a review of the account they find that interest and charges of around £70 were wrongly added, after they had agreed some years ago to freeze them. They have credited the account with the relevant amount.

This follows on from the very odd statement of account from Oct last year (above). If it continues like this they will end up owing me money. A bit disappointing though, that they have been reviewing the account.when it has been quiet for some time.

[Roger]

Re: Which Way to Go?

The odd thing is that although they waffle on about reconstituted agreements, what they have sent is not a reconstituted agreement.

Don't over think this! !
Send Niddy the CCA they have sent you adding in the light of the Mayhew Case

"Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.

[Still Waving]

Re: Which Way to Go?

http://forums.all-about-debt.co.uk/s...ANA-MAYHEW-WIN

I should send the CCA that Arrow have sent to Niddy to have a look at especially in the light of the Mayhew Case.
24th April 2017, 15:16

#1

The odd thing is that although they waffle on about reconstituted agreements, what they have sent is not a reconstituted agreement.

[Roger]

Re: Which Way to Go?

Hi folks, an update -
Update:
Disappointing news after approx 8 months from CCA74 request - Letter received from Arrow enclosing rather poor photocopy (PT page illegible) of the photocopy document provided by the previous debt purchaser in late 2012, which Niddy had looked at back then and deemed ok.
There are a couple of paragraphs of blah from Arrow re OFT guidance concerning reconstituted agreements, and also referring to a 2009 High Court ruling (which I take to be Carey) and what constitutes a true copy.
They now want proposals for repayment, failure to provide them will result in continuation of collection activity, which in my case may include litigation.
The account is currently being operated on their behalf by Shoosmiths. Arrow will deal with this document request only, all other enquiries to S'smiths.
I had managed to blag this as UE for 3.5 years with Idem and their various DCAs, using the template letters. I doubt that will work with S'smiths (being solicitors).
My current thinking is to write back to Arrow using App Form Rec'd letter, and they have not fullfilled their obligations under CCA74 (trying to keep S'smiths out of it).
Any other thoughts very welcome.

http://forums.all-about-debt.co.uk/s...ANA-MAYHEW-WIN

I should send the CCA that Arrow have sent to Niddy to have a look at especially in the light of the Mayhew Case.
24th April 2017, 15:16

#1