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  • #76
    Trying to frighten you with various things which MAY happen.

    Side note - I don't think we routinely use Prove It letters here. (?)

    Comment


    • #77
      Ok, I'm a Newby so not sure. Should I be doing a CCA request at this stage or anything else. What is the difference between a CCA request and the SDAR request I already received from virgin?

      I guess the waiting and doing nothing is hard for me! Also can I read anything into them using equivo rather than their normal solicitors mortimer Clark?

      Comment


      • #78
        CCA request not necessary at this stage = timing is everything.

        CCA request is a regulated agreement request ., a fee is paid of £1.00 to make it legal.

        DSAR request is free and should contain all info they hold on you

        no prove it letter on here = amaturish and show them lack of knowledge. patience is the word of the day.
        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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        • #79
          patience is the word of the day.
          Hard, I know. But true - I think it's something that everyone on the forum finds hard to cope with at first.

          Keep the faith ...

          Comment


          • #80
            Type of account - credit card
            Date commenced - 2009?
            Approx balance - £13000
            Date last paid - november 2017
            Are you on arrangement or not paying - no arrangement, not paying
            Account owner - cabot financial europe

            13/5/22: letter from czbot, we will pass your case to our solicitors in 1 month.

            20/5/22: letter from cabot, we will pass your case to our solicitor in 21 days

            27/5/22: letter from cabot, we will pass your case to our solicitors is 14 days

            3/6/22: letter from cabot, we will pass your case to our solicitors in 7 days.

            6/22: DSAR received from virgin. No credit agreement. Letters advising missed payments, monthly statements and default notice only.

            23/6/22: Letter from cabot,. We have tried to contact you to discuss your account... we are referring upur account to equivo solicitors scotland. They will want to speak to you within the next 7 days where they will review your situation and help arrange the most suitable solution based on your circumstances.

            29/6/22 letter from equivo. We are a firm of solicitors and have been instructed to contact uouvto agree how the sum outstanding from you will be paid. Please call us ... may accept a lump sum or regular installments...

            no deadline for contacting thrm and no mention of legal action.

            10/7/22 letter from eqivio. We have wrote to you znd telephoned you but have been unable to make contact with you. We are keen to find a suitable solution....we may be able to accept a partial settlement etc etc.. if you do not contact us we may be instructed by our client to issue court proceedings against you wich will include z claim for costs .if a decree is obtained we may be instructed to enforce etc etc.

            12/7/22 letter from equivo

            Our client has advised us that you have not repaid the sums due in respect of the above account. Consequently your agreement with our client has been terminated, which means the balance outstanding as detailed above is due and our client now requires your proposals for payment.

            Please therefore treat this letter as notice that, unless an arrangement is reached withing 14 days, we will instruct our partner solicitors, shoosmiths, to commence court proceedings against you for recovery of the sums outstanding. Please note that should you not respond, no further notification of the court proceedings will be given to you.

            This means that shoesmiths may makmay application to the court to have a decree registered against you.....if a decree is obtained then shoesmiths may be instructed to enforce that decree which may include an application for an inhibition against you...

            Rather than issue court proceedings our client would prefer to find a suitable solution.....

            Comment


            • #81
              Time for a CCA request? The thought of court terrifies me.

              Comment


              • #82
                calm down they want you to panic! you have not had an official letter before action 5 pages. they are in threatogram stage,, if they want to they may start proceedings in the hope you cave in (most people do). so nothing official yet,
                Last edited by The Tech Clerk; 14 July 2022, 11:04.
                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


                • #83
                  Do they have to send you a letter before action? I am concerned that the next I hear is a Court summons. I am finding this all extremely stressful!

                  Comment


                  • #84
                    that is what I suggested above. they have to follow regulation/proceedures. only then you may be advised to request items.
                    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


                    • #85
                      A letter before action (also known as a 'letter of claim' or 'letter before claim') is the first step in a formal debt recovery process. It is a notice sent out by a creditor's solicitor to let the debtor know that the creditor is planning to take legal action against them.
                      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


                      • #86
                        "Consequently your agreement with our client has been terminated" Did you ever have a payment agreement with Cabot?

                        "we will instruct our partner solicitors, shoosmiths, to commence court proceedings" A solicitor instructing a solicitor?

                        "which may include an application for an inhibition against you..." Do you own your dwelling? They are using some unusual terminology here (possibly calculated to frighten you).

                        EDIT: I'm a natural worrier myself, but the immense help I received from AAD took much of the stress away. Take note of what the Tech Clerk says.
                        Last edited by Still Waving; 14 July 2022, 11:27.

                        Comment


                        • #87
                          Thank uyou for your advice, I really appreciate it.

                          So for clarification when they pass to their solicitors and if they intend to take to court they have to send me a formal letter before claim. At that point, if it happens, I would send a CCA request. The purpose of which is to push them to get documents from the credit agreement which they presumably would need for the case. This includes a signed credit agreement, which I know does not exist from my DSAR request.

                          I assume it is likely in my case they will go for court action. Although the letter are still pimped up begging letter! I also liked their comment that the agreement I had with cabot is now terminated, I have never had any agreement with cabot! Also any comment on why a third solicitor is being referred to. Both cabot and equivo have their own in house teams?

                          The stress makes you want to pay to make them go away. If they did win a case, can you pay in instalments? I can't afford a lump sum or large instalments!

                          Thank uou again and sorry for all the questions

                          Comment


                          • #88
                            Originally posted by Still Waving View Post
                            "Consequently your agreement with our client has been terminated" Did you ever have a payment agreement with Cabot?

                            "we will instruct our partner solicitors, shoosmiths, to commence court proceedings" A solicitor instructing a solicitor?

                            "which may include an application for an inhibition against you..." Do you own your dwelling? They are using some unusual terminology here (possibly calculated to frighten you).

                            EDIT: I'm a natural worrier myself, but the immense help I received from AAD took much of the stress away. Take note of what the Tech Clerk says.
                            Thank you .... I appreciate sll of upur advice.

                            I have never had a payment agreement or responded yo any communication from cabot.

                            Yes, my thoughts too. The new solicitor zcting on behalf of equivo who act on behalf of cabot who bought the debt from virgin! Czbot referred the case to ewuivo as their solicitors!

                            I do not own my home. I am now married and my husband has a home... nothing with my name attached.

                            Comment


                            • #89
                              Originally posted by Yellow33 View Post

                              So for clarification when they pass to their solicitors and if they intend to take to court they have to send me a formal letter before claim. At that point, if it happens, I would send a CCA request. The purpose of which is to push them to get documents from the credit agreement which they presumably would need for the case. This includes a signed credit agreement, which I know does not exist from my DSAR request.


                              The stress makes you want to pay to make them go away. If they did win a case, can you pay in instalments? I can't afford a lump sum or large instalments!

                              Thank uou again and sorry for all the questions
                              If you do get a Letter Before Claim, check here before sending a CCA request. You already know they can't get a bona fide copy agreement.

                              You will always have the opportunity to pay by instalments.



                              Comment


                              • #90
                                "I do not own my home. I am now married and my husband has a home... nothing with my name attached."

                                An Inhibition is an order preventing you from disposing of something (eg a house). Since YOU don't own it, it's an empty threat.

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