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  • CCA request - Cabot - Virgin - MBNA

    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

  • #2
    Originally posted by JustAboutMad View Post
    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.

    Comment


    • #3
      sit tight for now, do not rock the boat? as per Roger unless advised different later
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        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.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Originally posted by JustAboutMad View Post
          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
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            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

            Comment


            • #7
              And that all you have to do. Nothing more nothing less.

              Comment


              • #8
                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

                Comment


                • #9
                  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....

                  Comment


                  • #10
                    Originally posted by JustAboutMad View Post
                    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 >


                    Originally posted by Joanna Connolly View Post
                    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
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment

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