Link CCA next steps

[Joanna Connolly Solicitors]

I will go back to them for the CCA request to be completed.

Can you just clarify something.

You say you sent a s77-79 CCA Request to Mint who didn't comply with your request. You say you sent the £1 statutory fee with that request. When you sent the request were Mint the owners of the debt (i.e. before it was assigned to Cabot)?

Did you then send a second CCA Request to Cabot with the £1 statutory fee once you'd learned from Mint that the debt had been assigned to them (Cabot), and if so have they (Cabot) not complied with that second request (if you made one)?

My apologies for not understanding your posts.

Once a CCA Request has been sent nothing is gained by sending another, and it's neither wise nor necessary to send a chasing letter. If the CCA Request was valid then leave things alone. It's their problem not yours if they don't comply.

Di

[Joanna Connolly Solicitors]

Yes they returned it along with my letter. Two months later (without contacting MINT) I had a letter from MINT saying that it has been assigned to Cabot who are now the 'legal owners of the debt'.

Have you heard anything from Cabot yet?

Di

[HomeStraight]

Hi Di,

Yes! it all went quiet and standard chasers every now and again then today a letter from Resolvecall with the 'will attend home in 7-days'. Reading up and planning to send a Proof of Debt letter. Is this the best way forward please?

[nightwatch]

no,
we do not have proof of debt letters, maybe on other sites but not here, well not under that title,

we start with CCA, if nothing is forthcoming we ignore,for s long as possable

resolve call are just paid by companys' to "put you back in touch" with the debt owner,
you would normaly send the " do not attened my property letter" but they ignore it anyway,

IF someone should call, they have no right what so ever to make you talk to them, Or come to an arrangement to pay,
you do not have to speak to them if they do call ( they don't always visit, they sometimes phone)

If anyone does call just ask them to leave as you will not discus anything on your doorstep. Or just say "not today thanks" and shut the door.

They used to be called "doorstep collectors" but people got wise and started keeping their doorsteps inside.
They then changed their title to "Field agent's" but I live surrounded by field's only ever saw one and he never managed a field near me.
he didn't even shut the gate on his way out, I did ask him to.

[Joanna Connolly Solicitors]

Hi Di,

Yes! it all went quiet and standard chasers every now and again then today a letter from Resolvecall with the 'will attend home in 7-days'. Reading up and planning to send a Proof of Debt letter. Is this the best way forward please?

Can you post the history of this debt so accurate suggestions can be given.

Each situation/debt is different.

Who owns this debt? Is it Cabot Financial (UK) Ltd which is not authorised by the FCA?

Di

[HomeStraight]

Can you post the history of this debt so accurate suggestions can be given.

Each situation/debt is different.

Who owns this debt? Is it Cabot Financial (UK) Ltd which is not authorised by the FCA?

Di

Hi Di,

Details as follows thanks:

• Type: Credit Card with MINT
• Date commenced: Years and years ago, probably around 2003-2006 but not certain
• Approx balance: £4k
• Date last paid: January 2019 via StepChange
• Are you on arrangement or not paying: No longer on DMP and not paid anything at all since StepChange ended at the end of 2018/Jan 2019
• Status: Previous default that has now dropped off credit report
• Account owner-Cabot Financial (Europe) Ltd, was Wescot
• CCA Request made on 26 June 2017 but Westcot returned it telling me to write to Card Services at Southend (MINT). Have not done this as I have letter from MINT (14/09/17) saying Cabot Financial (UK) Limited are now legal owners of the debt
• Made without prejudice offer of 10% to Westcot on 17/12/18 for 10% to settle but this refused

Ideally I would like to settle this somehow. What would be the best option please as I would like to deal with Resolvecall who now have instruction to deal.

Thanks

[nightwatch]

Hi,
Resolve call are only dealing with you to get you to make contact with CABOT they are not a Debt Collection Company,

Cabot own the debt, outsourced to Wescot to do the collecting, as no contact from you Wescot get Resolve Call to visit.
That mean's Resolve Call is just a company that call at your home to ask you to get in touch with ,EITHER, Wescot OR Cabot to set up a repayment plan, they have NO authorty to agree any payment plan or settlement figure, nor are you obliged to discuss your financial details with them.

To be honest RC are used as a scare tactic to try and get people to pay up because they are frightened of someone calling at their home.

You may need to send a formal CCA to Cabot, as the one you sent to Wescot was returned saying you needed to send one to Mint, which you did not do, so no formal CCA request has been sent.

[The Tech Clerk]

Hi Di,

Details as follows thanks:

• Type: Credit Card with MINT
• Date commenced: Years and years ago, probably around 2003-2006 but not certain
• Approx balance: £4k
• Date last paid: January 2019 via StepChange
• Are you on arrangement or not paying: No longer on DMP and not paid anything at all since StepChange ended at the end of 2018/Jan 2019
• Status: Previous default that has now dropped off credit report
• Account owner-Cabot Financial (Europe) Ltd, was Wescot
• CCA Request made on 26 June 2017 but Westcot returned it telling me to write to Card Services at Southend (MINT). Have not done this as I have letter from MINT (14/09/17) saying Cabot Financial (UK) Limited are now legal owners of the debt
• Made without prejudice offer of 10% to Westcot on 17/12/18 for 10% to settle but this refused

Ideally I would like to settle this somehow. What would be the best option please as I would like to deal with Resolvecall who now have instruction to deal.

Thanks

Resolvecall ( old Scotcall) are only hopeful commission agent who get paid to call on you - they are never owners just a local guy/etc paid to visit and basically give you a card asking to call an office, they have no powers1 They hope as in your case you panic and pay up for something you may not even owe (no CCA) no pay etc comes to mind, they all thrive on commissions from people who know no better. THEY DO NOT OWN ANY DEBTS ONLY DEBT PURCHASERS DO. likewise Wescott (as we use to say (Wetcloths) are hopeful collection agents who never own a debt but try and collect on and get commissions for doing so - hence if anybody challenges them they pass it back to owner.

You have come onto to this site for help so please listen to the people otherwise you are wasting our time and your own as we are here to try and advise/help, it is up to you ? as in time you will get confidence and see the real reason these people chase you for monies and not the actual owners

[Joanna Connolly Solicitors]

Hi Di,

Details as follows thanks:

• Type: Credit Card with MINT
• Date commenced: Years and years ago, probably around 2003-2006 but not certain
• Approx balance: £4k
• Date last paid: January 2019 via StepChange
• Are you on arrangement or not paying: No longer on DMP and not paid anything at all since StepChange ended at the end of 2018/Jan 2019
• Status: Previous default that has now dropped off credit report
• Account owner-Cabot Financial (Europe) Ltd, was Wescot
• CCA Request made on 26 June 2017 but Westcot returned it telling me to write to Card Services at Southend (MINT). Have not done this as I have letter from MINT (14/09/17) saying Cabot Financial (UK) Limited are now legal owners of the debt
• Made without prejudice offer of 10% to Westcot on 17/12/18 for 10% to settle but this refused

Ideally I would like to settle this somehow. What would be the best option please as I would like to deal with Resolvecall who now have instruction to deal.

Thank you for the full history.

I suggest you send a s77-79 CCA Request to Cabot Financial (UK) Ltd since they are the owners of this debt.

Mint no longer have a statutory obligation to comply with any CCA Request.

What happened between you and Wescot may be useful, but if the account had already been returned to Mint by them (as their DCA) then they too did not need to comply. The dates are unclear from your posts but what matters now is you send your CCA Request to the correct legal entity which is Cabot since 2017 (what date was the assignment according to that Notice sent to you on 14/09/17?).

This is a good thing since Mint may hold the documentation necessary but Cabot might not have access to it. Things get easier when a debt it sold because documentation can become less available to the debt purchaser.

If Cabot don't or can't comply with your CCA Request within the statutory time-frame then the debt becomes unenforceable unless or until they do comply.

You say this credit card was opened years ago (probably between 2003 - 2006) so the chances of them sourcing a compliant credit agreement are slim.

Di