Chris Dairy CCA Check

[Chris789]

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

[The Tech Clerk]

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

[Chris789]

Thank you for your fast responce, I have sent it. Just wait and hope for good news

[Joanna Connolly Solicitors]

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

[Chris789]

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

[Chris789]

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

[The Tech Clerk]

Diana Mayhew

[Joanna Connolly Solicitors]

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

[Chris789]

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

[nightwatch]

MFS is part of Cabot.

[Joanna Connolly Solicitors]

Hi Di

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

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

You may have misheard or you may have been given misinformation

I'm slightly surprised to learn that Restons solicitors are currently managing this account. Let me know if you receive any legal threats from them.

Di

[Joanna Connolly Solicitors]

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.


Thank you for your responce and kind words

Chris

Hello Chris,

Have you heard anything more from Restons solicitors about this ex-Halifax debt which Niddy has said is unenforceable?

Post on your thread if you need any more help.

Di

[Chris789]

Hi Di

i have just checked and found one in my junk email that was sent 2 days ago. They are asking me to call them about the account.

I have looked further back this the only message for months.

Thanks
Chris

Diana Mayhew

[Joanna Connolly Solicitors]

Hi Di

i have just checked and found one in my junk email that was sent 2 days ago. They are asking me to call them about the account.

Diana Mayhew

Is it just a standard chasing email or do Restons threaten you with anything?

I wouldn't call them - wait until they write you a letter and then post on here for help if they do.

Di

[Chris789]

Hi Di

it is a very polite email asking me if it’s a good time to talk and understand 2020 has been difficult, rather strange for them, normally they are very rude and threatening.

I am going to check back through my emails more later to ensure I not had another. I have had no letters sent to my home yet.

Thanks
Chris

Diana Mayhew
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