Stop Payments or offer Full and Final Payments

[Katsikaki]

The only reason for me zero balancing the UE creditors is because it's too close to my monthly payment going out (tomorrow) to organise everything, so hopefully it won't go to those creditors. It gives me a couple of days just to send a courtesy letter to Stepchange and take over the payments and cancel the following direct debits.

Of course, if I'm going about any of this incorrectly, please feel free to tell me. Any advice I can get would be greatly appreciated.

Thanks

[nightwatch]

no , not incorrectly, but I think they will pay the UE ones out of the last payment, or if they have put them on hold will spread the money out between the others, which could mean that those companys may expect more when/ if you contact them.

But we can cross that bridge if / when it happens.

Don't forget to ask, for a final statement of account when you write to SC.

NW

[Katsikaki]

Sounds like a threat of harassment to me. Still in breach of my request for my agreement too

[The Tech Clerk]

one more of their begging script letter drawer No 3

[nightwatch]

just file it in with the account it belongs to,
does it say it is for all 3 accounts with them or just one?
if just one, please update that account post at the start of your diary, this way we can keep every thing in one place should we need to do anything in the future.

NW

[Katsikaki]

nightwatch Yes, it's just for the Natwest account. That account hasn't had payments made to it in a while and they themselves have declared it UE in their second to last letter.

Will update all of the original posts with their updates this evening.

Stepchange letter has been sent too, so will wait and see what they say.

[Joanna Connolly Solicitors]

Sounds like a threat of harassment to me. Still in breach of my request for my agreement too

I note Cabot's letter states that over 160,000 "customers" have taken back control by setting up a payment plan to them since the start of this year.

I wonder how many of those debts are owned by Cabot Financial (UK) Ltd who are not authorised by the FCA.

And I wonder how many other consumers, who didn't set up payment plans, have actually been issued with claims by Cabot Financial (UK) Ltd who are not authorised to bring claims.

If anyone seeing this post has a claim from Cabot Financial (UK) Ltd (or Marlin FS) then please contact me di@joannaconnollysolicitors.co.uk.

And if anyone has already got a CCJ/Default Judgment from Cabot Financial (UK) Ltd then you should also contact me.

Jo explains why the lack of FCA authorisation matters following a successful court Appeal >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted on the facts of the case by both parties that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di

[Katsikaki]

And by email now ....

[Joanna Connolly Solicitors]

And by email now ....

I can't see anything in Cabot's email which tells you to seek independent and impartial debt advice from the CAB or a debt charity etc. It's simply telling you that you've not contacted them to set up a payment plan since they last contacted you 8 days ago. It goes on to say they will increase their efforts.

Some solicitors don't accept service by email (we don't). But I was fascinated to read the case where a Judge allowed service of a Claim Form by WhatsApp >

https://www.civillitigationbrief.com...dia-and-email/

Perhaps service by drone will be the next step

Di

[The Tech Clerk]

I can't see anything in Cabot's email which tells you to seek independent and impartial debt advice from the CAB or a debt charity etc. It's simply telling you that you've not contacted them to set up a payment plan since they last contacted you 8 days ago. It goes on to say they will increase their efforts.

Some solicitors don't accept service by email (we don't). But I was fascinated to read the case where a Judge allowed service of a Claim Form by WhatsApp >

https://www.civillitigationbrief.com...dia-and-email/

Perhaps service by drone will be the next step

Di

Or Moon Rocket via a Satellite System?

[Joanna Connolly Solicitors]

[FONT=verdana]A quick update on CCA requests.


RBS Post #4 - Unable to get the information requested, account is on hold and unenforceable.

Mint (RBS) Post #5 - Unable to get the information requested, account is on hold and unenforceable.

Natwest (RBS) Post #6 - Still processing but unenforceable until we are able to reply to your request.

Halifax Credit Card Post #8 - Account has been put on hold while we look in to your request.

Shop Direct (Very) Post #11 - We have requested documentation but have not received it yet.

Barclaycard Post #7 - Reconstituted CCA received but Niddy deemed unenforceable.

Halifax Overdraft Post #12 - Sent CCA request and received letter stating that sections 77-78 of the Consumer Credit Card do not relate to this account as it is a current account.


All of these, apart from the last Halifax overdraft CCA request, were sent in May and I still have had nothing to prove that any of these accounts are enforceable. They are all currently being paid through StepChange, apart from the Shop Direct account, which has had no payments made to it in over 2 years.

Another month has gone by, so have you heard anything more from any of these debt owners or are you still paying them through your StepChange DMP?

Di

[Katsikaki]

Sorry Diana Mayhew, I've only just noticed this post.


RBS Post #4 - Still haven't provided me with any documents, so no more payments since August.

Mint (RBS) Post #5 - Still haven't provided me with any documents, so no more payments since August.

Natwest (RBS) Post #6 - Still haven't provided me with any documents, so no more payments since August. Although they have been aggressively pursuing this one for some reason.

Halifax Credit Card Post #8 - Account is still on hold and they have asked me not to make payments in the meantime. I'm happy to oblige.

Shop Direct (Very) Post #11 - They have sent a letter saying they will not chase this debt and have put the balance from £3441 to £0

Barclaycard Post #7 - They have reiterated that they have sent "documents" to fulfill my request but Niddy deemed unenforceable so I've stopped paying.

Halifax Overdraft Post #12 - Sent CCA request and received letter stating that sections 77-78 of the Consumer Credit Card do not relate to this account as it is a current account. I've stopped paying and will see what happens.

I will mention that I've also stopped using Stepchange and have now gone self-managed through NEDCAB, just to keep me organised. Turns out my monthly payments have gone from £180 to Stepchange to £8.76 for the four enforceable debts. 3 out of 4 have so far agreed to those payment terms.

I'll update the original posts as soon as I get a moment to reflect this.

Thanks to everyone for their help so far. I have a feeling this is going to be a long process

[Joanna Connolly Solicitors]

Good to see positive updates

Di

[Katsikaki]

Link Financial are now asking me to "resend" my CCA request, in the process acknowledging that they received the first one that I sent through Wescot - see post #8. Should I bother sending it or ignore for now?

[The Tech Clerk]

did you send original Recorded Delivery with a £1 postal order (cashed by them)? as per item 8? do not re-send is my thoughts their problem! some office wallah no doubt trying to be clever?