Unenforcable??

[MrsH]

Hi Warwick65 - thanks for your reply.

How long ago did you send your CCA’s? And have you stopped payments to these debts?

thanks

[Warwick65]

Hi Mrs H

I have just come across your thread. I also had a Natwest and Mint Credit cards which were sold to Cabot UK at about the same time as yours. I Sent CCA requests straight away and they have never responded other than an acknowledgment they received my request

[MrsH]

Thanks Di - so regards to cancelling payments, is it better to just cancel them or send a letter saying I’m not paying due to lack of CCA (or would that be inadvertently chasing the CCA?)?

Many thanks

[Joanna Connolly Solicitors]

With regards to Cabot (NatWest Cc), do I send a letter saying that they haven’t responded to my request?

As TTC has said, do not chase any of them for a response to your s77/79 CCA Requests.

Ideally you don't want them to comply

The FCA Handbook is quite clear on how a firm should communicate to the debtor that their debt is unenforceable until or unless they do comply.

CONC 13.1.6 > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html


Di

[MrsH]

Thank you - I have the proof of postage, receipt for the postal order and I have a print out of the delivery and signature.

[The Tech Clerk]

you have proof you sent the CCA request? if so do not remind them, they know the regulation! sit on your hands for now, sure others will advise about payments stopping etc

[MrsH]

My CCA requests so far -

Intrum (#7) have written to say they are contacting the original lender.

Cabot #6 (Mint card) sent a letter acknowledging the request and saying they will contact original letter. Received another letter 10 days later saying ‘we are still processing your request, we have contacted the original lender for the relevant information. As we haven’t been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request’.

Cabot #4 (NatWest Cc) No response received. I know the letter was received as it was signed for, I don’t know if the postal order was cashed as I can’t see how to trace that...

I wondering what to do next - do I cancel payments to them, and if so, is there a template letter to send to them explaining why I am no longer paying?

With regards to Cabot (NatWest Cc), do I send a letter saying that they haven’t responded to my request?

many thanks

Mrs H

[The Tech Clerk]

see what they send back - wet cloths opppsss Wescot are after commissions on any payment it is their trade await CCA if you get one

[MrsH]

So far I have sent CCA requests to 3/5 of my creditors. I haven't sent one to PRA for my loan yet, simply because I don't have the money to offer much of a F&F if they do find the agreement. I'm just so worried about getting a CCJ so thought I would tackle the 3 smaller balances first and hopefully PRA are happy sitting back knowing that they have told me its unenforceable but I am still making my monthly payments... I'm not sure if this is the right thing to do or not?

On 15/04/19 I received letters from Wescot re: both of my Cabot debts - both offering me 45% settlement discount. This was before I had sent the CCA request so I'm hoping that this is looking positive.

Thanks!

[Joanna Connolly Solicitors]

are there any repercussions of sending a request which then comes back as enforceable? Are the creditors likely to let me carry on with my current arrangements?

You may need a clairvoyant to answer that question

There are many other reasons for a debt to be unenforceable in court apart from the credit agreement.

So if one comes back enforceable then we’d take a look at whether the debt owner has other legal issues such as a ‘bad’ Default Notice or even no DN issued/served prior to the account being terminated and assigned to the debt purchaser.

Di

[MrsH]

That makes sense - I'll get them all sorted this weekend ready for sending on Monday!

Can I just ask - are there any repercussions of sending a request which then comes back as enforceable? Are the creditors likely to let me carry on with my current arrangements? I've managed to avoid getting any CCJ's and I'm worried about getting one...

Thanks!

[Joanna Connolly Solicitors]

With regards to PPI on credit cards - would this be apparent on the statements or do I need to contact the lenders?

I would concentrate on sending the s 77-79 CCA Requests to all the current debt owners to see which ones could be unenforceable and then you can make an informed decision as to whether you wish to carry on paying them or not.

The PPI issue can wait as you don't want to disturb anything accidentally.

Di

[MrsH]

The SAR only shows the interest amount including the PPI but in my paperwork I have a copy of the agreement and also a letter from Natwest acknowledging that I have cancelled the insurance and reducing my monthly payments. I have done the sums and everything adds up so I'm happy that the PPI was cancelled.

With regards to PPI on credit cards - would this be apparent on the statements or do I need to contact the lenders?


Thank you!

[Joanna Connolly Solicitors]

I know when applied for my loan I was told that I had to take out the loan insurance to get the loan but that I could cancel it. Included in all of the information sent to me as a result of my SAR to Natwest is a copy of a complaint form that I sent Natwest in 2015. I had cancelled the insurance a few days after taking out the loan, then in 2015 I received a form from Natwest regarding PPI claims. I called Natwest at the time and was told that there was £5,337 added to the loan as insurance and that it was still running. I then filled in the complaint form. At some point obviously I must of been told that this wasn't the case, and there is no response regarding my complaint from Natwest in the SAR documents…. Do I presume that I didn't have PPI running?

I wouldn't presume anything when dealing with banks! Check for yourself by doing your own research.

Is there anything in your NatWest SAR which shows £5k PPI added to that loan and/or anything to show it being subsequently deducted from the originally agreed loan amount, and perhaps the repayments being adjusted when the whole thing might have been recalculated?

Di

[MrsH]

Hi Di

Thank you for your time and help, I really appreciate it!

I have amended the Cabot debts - on the letter of assignment the owner is Cabot Financial (UK) Limited, yet on all other paperwork from themselves (statements of accounts) and from Wescot (who are managing it on behalf of Cabot) they are described as Cabot Financial Europe Limited. That is the same for both of the Cabot debts.

Both of the Cabot debts were assigned to Cabot from the original lenders on 03/07/17. (I have also received letters from Wescot offering me 55% settlement offers for both of these accounts in the last week)

I don't know if I had PPI on either the Natwest credit card or the Tesco card. However I'm sure years ago I had called to check and was told that I didn't have PPI. Is it too late to recheck all of my accounts?

I know when applied for my loan I was told that I had to take out the loan insurance to get the loan but that I could cancel it. Included in all of the information sent to me as a result of my SAR to Natwest is a copy of a complaint form that I sent Natwest in 2015. I had cancelled the insurance a few days after taking out the loan, then in 2015 I received a form from Natwest regarding PPI claims. I called Natwest at the time and was told that there was £5,337 added to the loan as insurance and that it was still running. I then filled in the complaint form. At some point obviously I must of been told that this wasn't the case, and there is no response regarding my complaint from Natwest in the SAR documents…. Do I presume that I didn't have PPI running?

In May 2018 Natwest reduced my arrears on my loan account by £2,198 which was to do with non compliance of NOSIA - I'm not sure what this is but thought I would mention it!

No I haven't sent a CCA to PRA Group - they just inform me in every letter sent to me that the loan account is currently unenforceable.

Thanks again!

MrsH