CCA request - Cabot - Virgin - MBNA

[JustAboutMad]

Hi all, my oh defaulted on a virgin credit card a few years ago. It has since been assigned to Cabot DCA and TBH I've not really paid much attention to there threating letters. However, when I've looked back through the paper work it appears that Virgin was once MBNA and I'm sure I've read an unenforceability thread on here somewhere but now can't find it.

Basically who am I sending the CCA request to? Cabot, Virgin, or MBNA? And what's the likelihood of any of them having the original agreement? There's been no admission of this debt since 2017, so do I CCA request whoever or do I continue to ignore and sit it out until SB?

TIA

[Roger]

Hi all, my oh defaulted on a virgin credit card a few years ago. It has since been assigned to Cabot DCA and TBH I've not really paid much attention to there threating letters. However, when I've looked back through the paper work it appears that Virgin was once MBNA and I'm sure I've read an unenforceability thread on here somewhere but now can't find it.

Basically who am I sending the CCA request to? Cabot, Virgin, or MBNA? And what's the likelihood of any of them having the original agreement? There's been no admission of this debt since 2017, so do I CCA request whoever or do I continue to ignore and sit it out until SB?

TIA

The AAD s77/78 plus £1 doesn't admit liability hence restarting the SB clock.
But you will find that overtime tactics and recommendations change.

The sending of the s.77/78 is a Consumer legal right and whilst this request is outstanding you are protected by the Law. The request is sent to the CURRENT owner of the debt sic Cabot!!

But you are three years down the line (2017) so why would rock the boat, so to speak by writing and thus awaking them at this stage?
Unless others disagree I would NOT send the S.77/78 at this time.

[The Tech Clerk]

sit tight for now, do not rock the boat? as per Roger unless advised different later

[nightwatch]

Hi, As above,
if the letters are not threatening then stay quiet.
If and when Cabot start saying they are looking at litigation then would be the time to send off the request.

silence is golden.

[Joanna Connolly Solicitors]

it appears that Virgin was once MBNA and I'm sure I've read an unenforceability thread on here somewhere but now can't find it.

Here you go > https://all-about-debt.co.uk/forum/f...-unenforceable

Di

[JustAboutMad]

Thanks all, Cabot have recently upped there game to about 1 letter every 14 days.

Just standard stuff, please contact us so we can help, we're sending DC's, and 50% F+F offers. They really are quite good at covering all grounds, I must give them that. Just since they've upped the frequency of contact, I thought I better run it past you lot.

I'll just keep filing the letters for now. Only another 36 months ish until SB

[Timewilltell]

And that all you have to do. Nothing more nothing less.

[Warwick65]

I went through a spell of frequent contact from Cabot . The discount gradually increased to 70%. I did not reply although I would gladly have paid 30% of the amount that was enforceable I.e. Zero

[JustAboutMad]

Thanks all, it's likely going to be unenforceable, I'm not one to be concerned by any of their threats, I just thought a CCA request might put the whole matter to bed and save me having to deal with the paper work for the next 3 years....

[Joanna Connolly Solicitors]

been assigned to Cabot DCA and TBH I've not really paid much attention to there threating letters. However, when I've looked back through the paper work it appears that Virgin was once MBNA . . . .

. . . am I sending the CCA request to? Cabot, Virgin, or MBNA? And what's the likelihood of any of them having the original agreement?

My suggestion is you should send a Subject Access Request to MBNA to see what information and data they hold on your OH because if the credit agreement isn't in their files Cabot won't be able to source it either

Always keep one step ahead of a debt purchaser.

What is the exact name of the 'Cabot' business who are now the legal owners of this debt? It's not always clear from the notepaper they use to write to you. Check what it says in the Notice of Assignment (if one was served).

Is it Cabot Financial (UK) Ltd which is not authorised by the FCA to issue legal proceedings - Jo explains this point here >

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 by both parties on the facts of the case 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

[Joanna Connolly Solicitors]

I just thought a CCA request might put the whole matter to bed and save me having to deal with the paper work for the next 3 years....

I'm curious to know whether you did send a s77-79 CCA Request to Cabot for this ex-Virgin credit card, and whether they sent you a compliant credit agreement in response, or an unenforceable one which 'put the matter to bed' as you hoped.

Or have Cabot been chasing you again?

Di