Advice needed please on Marks and Spencer Loan

[Joanna Connolly Solicitors]

Also do I have to send a further letter once the cut off date has been reached?

Definitetly not!

The one thing you don't want is for them to source the credit agreement (assuming you even signed one in the first place ) or acquire the information needed to reconstitute one.

Leave well alone now that you've placed the ball firmly in their court.

Di

[Still Waving]

When calculating the days for the company to respond to the letter I sent them, is it 12 working days, so Monday to Friday, or with 7 day working do we now count the weekends on this? Also do the days start from when they sign for it or when I posted it please? Also do I have to send a further letter once the cut off date has been reached? And if I do, where can I find that please, I have had a good look around but cannot find it. Sorry for being a pain asking.

Don't worry about that, it's a minor detail. It usually takes weeks or months for creditors to come back with any CCA paperwork. Until they do they will be in default.

[Beachbaby]

When calculating the days for the company to respond to the letter I sent them, is it 12 working days, so Monday to Friday, or with 7 day working do we now count the weekends on this? Also do the days start from when they sign for it or when I posted it please? Also do I have to send a further letter once the cut off date has been reached? And if I do, where can I find that please, I have had a good look around but cannot find it. Sorry for being a pain asking.

[Beachbaby]

Fingers crossed then I am not a winning lottery ticket for them.

[Spud]

I don't obviously know what the figure would be but it would be fairly low and no doubt they bought a batch of them at the time. As you say it is a gamble for them and they will make a commercial decision on each account depending how much it is costing them v's how much they collect etc

If they are getting nowhere and its costing them money to keep writing to you they have only lost a few £100 if they write it off or beg you for a low settlement offer etc

[Beachbaby]

Thank you, initially I thought they'd written this to me in response to the letter I'd sent, but then realised they'd crossed in the post. I thought it was sneaky of them to do it they way they have, but I guess they do this all the time :/ They know what they are doing. I'm assuming they might have bought the debt quite cheaply, not sure on what the penny on the pound is that it costs them, so it's a risk for them when they buy it as to whether it pays out.

[Spud]

Although it was not what you wanted, Them selling on the debt and advising you after the event is pretty standard along with them forwarding on the payment ( That you made believing it to be to M&S)

Making any payment towards the balance ( Not CCA fees etc) is making an acknowledgement of the debt but from what I can glean quickly about the account, Unless I have got it wrong, You had been making token payments on an agreed schedule recently so one more payment is not too much to be worried about in the grand scheme of things, not to worry

If it were me I would not be making any payments to Cabot until they had replied to my CCA request and we can see where you stand. They might write or try to call you in the between time but let us know if this gets too much etc.

Given the relatively low balance, once you know where you stand you would have to make a judgment call on this one whether to stick it out with the UE route or later down the line settle it for a low offer etc

Lets see what comes back with your CCA request

[Beachbaby]

I have a quick question about this please. When M&S wrote to me, they said if I didn't reply they would refer my account to a debt collector. I did reply, and then resent my original letter as I hadn't heard anything from them for ages. The letter they sent me was pretty much the same as ones they'd sent previously, only this time, they sent no further letters, ie you've not responded so we are referring it on kind of thing. They have presumably sold the account on, but did not tell me until after they had sold it, so I made a payment to them via standing order as I usually do, but that payment, although made to M&S was going to Cabot instead, but I was not told about the move to Cabot until after I made the payment. Have I unwittingly paid money to Cabot and acknowledged the debt by doing so? What M&S have done seems pretty sneaky to me. Cabot have written (dated the day before they signed for my S77-79 CCA letter was received by them), inviting me to set up a payment plan, even though the previous letter said they would respect the payment plan I had with M&S. Thank you.

[Beachbaby]

My UE Diary Marks and Spencer Unsecured Loan, now being managed/bought by Cabot Financial (Europe) Ltd

• Type of account unsecured loan
• Date commenced October 2006
• Approx balance £1,205.20
• Date last paid I haven't made a full payment since sometime in 2010. I spent a few years paying £1.00 a month, then £10 for about six months, then was on the verge of offering £15 per month.
• Are you on arrangement or not paying On an arrangement, but as they have sold the debt on, I have cancelled my M&S S/O and haven't yet set one up with Cabot.
• Status Up to date, next payment due, September 2017
• Account owner DCA - Cabot Financial (Europe) Ltd
  
  24/08/17 - Letter posted from M&S Bank to let me know they have passed/sold debt to Cabot Financial (Europe) Ltd
  24/08/17 - Same Envelope Letter posted from Cabot Financial (Europe) Ltd to say they now managing the account on behalf of themselves.
  29/08/17 - both the above letters, in the same envelope received by me.
  30/08/17 - enquired in AAD about if debt could be unenforceable.
  31/08/17 - s77-79 CCA letter created and printed
  01/09/17 - Postal order for £1 purchased and attached to letter. Letter posted by recorded delivery.
  04/09/17 - Letter delivered and signed for by Cabot
• 09/09/17 - Letter received from Cabot thanking me for my payments towards my account and asking me to set up a payment plan.
• 26/09/17 - Letter received from Cabot saying they have requested a copy of the credit agreement and will forward that to me as soon as they have it.

[Beachbaby]

Just the one, thankfully, so I will do it here then, thank you so much :-)

[Still Waving]

Thank you so much for all your help and clarification, I truly appreciate it.

I seem to be all questions today, I am so sorry about this. Do I add my UE diary as a post on here, or is there somewhere special I need to put it, (polite answers only please LOL)

First of all, ask as many questions as you need to, and no need to apologise.

If you have more than one debt you want help with you could start your diary in the Diaries sub-section of the Unenforceability Forum. If it is just this one debt you could either continue a diary on this thread or start a diary in the section I just mentioned.

[Beachbaby]

Thank you so much for all your help and clarification, I truly appreciate it.

I seem to be all questions today, I am so sorry about this. Do I add my UE diary as a post on here, or is there somewhere special I need to put it, (polite answers only please LOL)

[Roger]

I have just created the letter using the template, but as I was writing the envelope I remembered about how I need to send it signed for and it is a PO Box no, I don't think I can do that can I?

According to Mr Google, it seems you can! I did not know that, will this though frustrate the process, will this give them wriggle room?

You can send recorded delivery to a PO Box, but the recipient will only get a notification card. They will have to visit their local delivery office in person with ID, to sign for the letter which may either cause delays or simply be ignored!

This is CABOT they know all about Recorded Delivery etc..
But the moment you send this with a £1 enclosed to a valid address with proof of postage it will be Unenforcibly until they respond with a valid CCA.

[Beachbaby]

I have just created the letter using the template, but as I was writing the envelope I remembered about how I need to send it signed for and it is a PO Box no, I don't think I can do that can I?

According to Mr Google, it seems you can! I did not know that, will this though frustrate the process, will this give them wriggle room?

You can send recorded delivery to a PO Box, but the recipient will only get a notification card. They will have to visit their local delivery office in person with ID, to sign for the letter which may either cause delays or simply be ignored!

[Meepatme]

Good luck