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  • Chris Dairy CCA Check

    Hello rather new here,

    11 years ago I got very ill which still fighting today and my debt got out of control due to many problems, in 2012 I was forced to stop making payments and this was sent on to debt collection which in 2015 I made a payment plan for, In 2019 I sent off a CCA letter to them and they came back to me this month with the documents. My perants told me to make a settlement offer which they would cover but this was declined they wanted 95%. So hope someone can help me check to see if this is enforcable.

    Orignal Account - Halifax Credit Card
    Opened - 05/11/2005
    Balance at 05/2013 - £10173.35
    Sent to - Carbot
    Sent to - Restons solictors
    Date of last payment - March 2020
    Balance - £7792.35

    Thank you in advance

  • #2
    send the CCA photo copy ( no alterations) to:- webmaster@all-about-debt.co.uk for checking if enforceable or not! welcome quote your thread here as well to him
    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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    • #3
      Thank you for your fast responce, I have sent it. Just wait and hope for good news

      Comment


      • #4
        Originally posted by Chris789 View Post

        Orignal Account - Halifax Credit Card
        Opened - 05/11/2005
        Balance at 05/2013 - £10173.35
        Sent to - Carbot
        Sent to - Restons solictors
        Date of last payment - March 2020
        Balance - £7792.35

        Hello

        I'm sorry to hear you've been very ill for a long time.

        I notice you say the debt was sent to Restons Solicitors. Have you received a 'Letter of Claim' from them putting you on notice that they intend to issue court proceedings in 30 days, or are they just managing the account? Or are they no longer involved?

        I can also see that Halifax assigned the debt to Cabot, but can you say which year that was, and is it Cabot Financial (UK) Ltd or Marlin (I have a reason for asking)?

        The letters you receive may be coming from The Cabot Credit Management Group (or similar) but that doesn't mean they are necessarily the legal owners of this debt. Who is named on the Notice of Assignment if you received one?

        There are many reasons for a debt to be unenforceable in court not only the credit agreement.

        You need to establish your legal position before you make any more offers.

        Was the offer you made headed Without Prejudice or was it on a phone call?

        I look forward to helping you.

        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. My Direct Line is 0151 254 6986 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


        • #5
          Hello Di

          As far as I know Restons solictors are managing the account for them and not had a 'letter of claim' from them, well not that I ever remember.

          Where Halifax assigned the debt to is the confusing part because on my recent dealings with restons solicitors they said to me MCS and I said its Cabot isnt it and they dont really respond which I thought is strange. I will have to check through my paperwork to see if I can find anything from back then, it was a bit of a blurr those years because of the stress and meds I was on.

          I dont remember receiving a Notice of assignment but will check.

          I made an offer headed without prejudice in email, this was from a template I found on the national debt helpine website

          Thank you for your responce and kind words

          Chris

          Comment


          • #6
            Hello Di

            I have had contact from Niddy saying that its UE and Cabot Financial, due to terms and conditions.

            not too sure how to carry on and with Restons last coment saying mcs has got me confused and concerned

            Thanks

            Chris

            Comment


            • #7
              Diana Mayhew
              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


              • #8
                Originally posted by Chris789 View Post
                Hello Di

                As far as I know Restons solictors are managing the account for them . . . .

                Where Halifax assigned the debt to is the confusing part because on my recent dealings with restons solicitors they said to me MCS and I said its Cabot isnt it and they dont really respond which I thought is strange. I will have to check through my paperwork to see if I can find anything from back then

                Did you send your CCA Request to Cabot or Restons? Who responded with documents?

                Don't speak to either of them on the phone.

                Niddy has said your Halifax credit agreement is unenforceable.

                Now you can send a SAR to Halifax to see what data they hold on you, and compare any documents your receive with the ones you were sent from Cabot (or Restons).

                You say Restons referred to "MCS". That could mean Marlin Financial Services (maybe you misheard?) or Mortimer Clarke Solicitors who are owned by Cabot and handle most of their litigation at present.

                See what the SAR to Halifax reveals.

                Have a nice weekend.

                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. My Direct Line is 0151 254 6986 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


                • #9
                  Hi Di

                  I sent the CCA to Restons and Restons replied with the documents.

                  I will not talk to them.

                  I must of misheard, found a letter with MFS Portfolio Limited on.

                  Currently just looking how to send a SAR request.

                  Thanks for your advice

                  Chris
                  Diana Mayhew

                  Comment


                  • #10
                    MFS is part of Cabot.
                    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

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