CCA response from Cabot

[alianza]

As requested last year I am going to put each debt on a separate thread. I will leave the others until i hear from them (have been very quiet for a year so will ignore them until they write again). This thread is about a lloyds bank debt passed onto cabot.

jan 2009 my wife (had been married 12 years) had paid for a flat abroad on credit cards but was in serious trouble as interest too high and. persuaded me to take out loan in my name to clear them and she would pay the loan off with income from the flat. yes this seems incredibly stupid but i did it .....

arrangement went well at start however

2012 she moved out and went to live with her new man and decided to stop paying the loan. Lloyds bank came after me for £17082....Obviously i couldnt pay and with all the stress of the divorce i entered into a DMP with this debt and 3 others, paying £50 a month towards all 4.this carried on for a few years.

late 2016 my DMP stopped as the company providing the service said they would no longer do this type of work. I started to apply with another company but decided to be brave and have a go at self managing after discovering this site.

3rd Feb 2017 Cabot sent a letter telling me my company is no longer sending them money and to contact them about the debt which is £16797.18 at this point.

10 th Feb 2017 I sent a letter asking them to send a copy of the credit agreement etc under CCA 1974 77-79 using a template

21st Feb 2017 letter from Cabot saying do not have the info, writing to original lender etc, account will be temporarily unenforceable hope to have info within 40 days if unable to they will write to me again (they didnt...)

well I heard nothing for over a year then

6th june 2018 Received a bundle of papers from cabot, cover letter saying enclosed is relevant info, consider now enforceable, entitled to county court judgement but prefer i work with them to settle balance. then loads of copies of what looks like the credit agreement and statements of balances etc.

can you tell me where to email copies of these documents to so someone can tell me if it is enforceable or not and a plan of action.

[Still Waving]

Hi

Send them to Niddy - webmaster@all-about-debt.co.uk - without blanking out any detail. Title the email alianza's CCA, and include in the message a link to this thread.

By the way - "As requested last year I am going to put each debt on a separate thread." - the usual thing is to start a diary (one thread only) setting out the detail and history of each debt in a separate post on that thread. That way you keep all the detail in one place, and the Mods can then get a view of your overall situation, making it easier to give meaningful advice.

[alianza]

thx for the help. i will do as you say with a separate post on this thread for the other debts but i have been ignoring them and have heard nothing for a year now.so will only do that if i have any news. now i will send Niddy the email, it will be a long one....iain

[Still Waving]

thx for the help. i will do as you say with a separate post on this thread for the other debts but i have been ignoring them and have heard nothing for a year now.so will only do that if i have any news. now i will send Niddy the email, it will be a long one....iain

You only need to send the alleged agreement and any terms and conditions, but not statements of account.

[Joanna Connolly Solicitors]

i will do as you say with a separate post on this thread for the other debts but i have been ignoring them and have heard nothing for a year now.so will only do that if i have any news

Don't worry about starting a Diary for now since you say all of your other debts have gone quiet while this £17k debt has raised it's ugly head so you need to focus on that one.

If it's ok with you I'll ask some questions because enforceability of a debt isn't only about the actual credit agreement. There can be many more issues to influence the legal position.

Who is the owner of this debt? Is it Cabot Financial Ltd, or Cabot Financial (UK) Ltd or another part of the Cabot Group such as Marlin etc?

The covering letter sent with a s 77-79 CCA Request response matters especially if it states that the credit agreement is "reconstituted". Did it say that?

Was there a financial order from the court with your divorce or was it a settlement by consent? Was responsibility for this debt formalised in any way by you and your now ex-wife?

Di

[Joanna Connolly Solicitors]

. persuaded me to take out loan in my name to clear them and she would pay the loan off with income from the flat. yes this seems incredibly stupid but i did it .....

How did you take out the loan?

Was it onlne, in branch (did you have a current account with Lloyds) or some other way?

Was there PPI involved?

Di

[Joanna Connolly Solicitors]

3rd Feb 2017 Cabot sent a letter telling me my company is no longer sending them money and to contact them about the debt which is £16797.18 at this point.

10 th Feb 2017 I sent a letter asking them to send a copy of the credit agreement etc under CCA 1974 77-79 using a template

21st Feb 2017 letter from Cabot saying do not have the info, writing to original lender etc, account will be temporarily unenforceable hope to have info within 40 days if unable to they will write to me again (they didnt...)

well I heard nothing for over a year then

6th june 2018 Received a bundle of papers from cabot, cover letter saying enclosed is relevant info, consider now enforceable, entitled to county court judgement but prefer i work with them to settle balance. then loads of copies of what looks like the credit agreement and statements of balances etc.

Is there an update on this £17k debt with Cabot?

Did you send the credit agreement to Niddy for his opinion on its enforceability so you can plan your next steps?

Di

[alianza]

Hi sorry for delay, I did email it all to Niddy but got a reply to resend it as niddy on holiday. i will do that today.
Re other points.
the letter says current creditor is CABOT FINANCIAL UK LIMITED
nothing they sent says reconstituted as far as I can see
stuff in the divorce was settled ok,with lawyers involved and my ex wife had loads of debts that i was kept away from, i just got stuck with this one,
the loan was taken out in a branch as we had a joint account with lloyds
i have had ppi checked and there was none on the lloyds cards/loans

only contact I have had with cabot recently was a phone call which i answered as i didn't recognise the number and I told the guy I was getting the documents checked and they can wait until the end of the month before contacting me again.

they then didn't all but sent a couple more letters which I will add to the email i am about to send to Niddy.

Alianza

[alianza]

Niddy responded and said the papers Cabot sent are good. After almost a year and a half of nothing they sent these and now I am getting the letters in the post, voicemails, text messages etc. Does anyone have any suggestions what to do next. Is this all Cabot do and i can safely ignore until statute barred (another 3 and a half years away....) or will they get increasingly aggressive and threaten and take court action in which case i probably need to do some payments and try to get a final settlement figure off them. i have saved up a bit during the time I wasnt paying them, has anyone an idea of what figure cabot might accept after a bit of haggling on a 17k debt?

[Roger]

Record and date these SMS Phone Calls and of course letters. If you have BT then you can BlackList Cabots phone Calls. If they catch you unawares. The response is everything in writing!
Ride this storm with Silence and patience. Let Cabot pester the AAD has a template letter for nuisance Calls - BUT you need a track record of their being a nuisance!
Now is the right time to send for a SAR, because there are many reasons for Unenforciabilty. You are aware of the FCA license issue!
Post up in summary any letters received and you will get advice!

[alianza]

Sorry as Cabot have been so quiet I havent really looked at the forums, what exactly is a SAR? I also have no idea of the FCA licence issues i guess will have to search a bit and get up to date, as a rule I never answer their calls if i see it is one of their numbers, i will now just add them to my auto reject list as they appear. if i do answer it I refuse to confirm my identity and just say please write to me.

[Still Waving]

A SAR = Subject Access Request, which you would send to the ORIGINAL creditor, and it asks for details of all information they hold on you. You will then be in a position to know whether they have all the documentation to be compliant with the CCA 1974. You can find a suggested letter to send here - https://www.all-about-debt.co.uk/for...18#post1510818


Incidentally - "or will they get increasingly aggressive and threaten and take court action in which case i probably need to do some payments and try to get a final settlement figure off them." I think you will need to review your strategy if and when this situation arises. Best not to prejudge what you will do in a hypothetical future situation IMO. Many issue threats of legal action, but don't necessarily go on to issue a Letter Before Action as a matter of course. The LBA is your ultimate opportunity to decide on those actions you mention.

[Roger]

Read through Niddy's Blog below and he has provided a template letter.
Tech Clerk suggestion to head up that letter is very good.

The SAR now GDPR is sent to Lloyds (recorded delivery as you need a paper trail for evidence)
You should also send a SAR to your previous DMP provider because there was obviously correspondence between them and Cabot!

CABOT FINANCIAL UK LIMITED print off and store a copy of this entry. Do not discuss this with Cabot!

http://fca-consumer-credit-interim.f...w?accId=472690


SAR & GDPR 2018
https://www.all-about-debt.co.uk/for...18#post1510818

Niddy includes a letter in His Blog.

Technical Clerk suggestion is very good

Originally posted by The Tech Clerk View Post
Heading for letter = GDPR 2018 SAR REQUEST

Send this with proof of identity as suggested by Niddy.

https://www.all-about-debt.co.uk/forum/debt-bailiffs-starting-again/general-debt-matters/1511730-gdpr-2018-request-and-responses?p=1511771#post1511771

Di has asked questions which should be found in the SAR
You should also

"..

How did you take out the loan?

Was it online, in branch (did you have a current account with Lloyds) or some other way?

Was there PPI involved?

Di
.."

[Joanna Connolly Solicitors]

Niddy responded and said the papers Cabot sent are good. After almost a year and a half of nothing they sent these and now I am getting the letters in the post, voicemails, text messages etc. Does anyone have any suggestions what to do next. Is this all Cabot do and i can safely ignore until statute barred (another 3 and a half years away....) or will they get increasingly aggressive and threaten and take court action in which case i probably need to do some payments and try to get a final settlement figure off them. i have saved up a bit during the time I wasnt paying them, has anyone an idea of what figure cabot might accept after a bit of haggling on a 17k debt?

If Cabot decide to take court action they will instruct solicitors typically Mortimer Clarke, Restons or Shoosmiths. If you receive a letter from any of those (or any other law firm) post on your thread to get guidance on the next step.

Sometimes if you make an offer to settle the debt purchaser sees it as a sign on weakness or admission of the debt so may issue a claim anyway to get the certainty of a CCJ.

Do the research (a SAR to Lloyds) to get the history of the account and we'll take it from there.

Do you live in England and Wales or Scotland?

Try to enjoy the rest of your weekend

Di

[alianza]

Had a couple of letters off Cabot recently.
The first was a 'notice of sum of arrears' which they say they are obliged to give me and not surprisingly says that i have not paid a penny in the last year, i have never had one of these before either.
The second is a letter regarding 'potential legal action' and they want me to contact them within 14 days. I will ignore that unless you advise otherwise.as it looks like a standard scare letter although they do seem to be ramping it up a bit recently 6 calls form one number in the last 2 weeks either just after 8 am or just after 8pm...
RE the SAR as suggested in a previous post that was recently sent off, was a bit slow as my printer went down and had to wait until i could get a new one.

all the best