scottygees UE diary

[The Tech Clerk]

bit of an old one - a judge told me she had no recollection of any cases on cheque signature lifting in regards of Regulatory request! by individuals/

[scottygees]

bit of an old one - a judge told me she had no recollection of any cases on cheque signature lifting in regards of Regulatory request! by individuals/

Sorry but you have lost me with this response. Are you saying it’s ok to send a cheque or not?

[Roger]

If and when I send Chqs or PO's I scan copies of these for myself and records.
But I actually only send PO's because they don't require my signature and I don't want a DCA or third party to know my bank and account number!!

However when I sign any document cheques included I make a point of NOT staying within signature boxes
Cheques often have for instance your name preprinted below the amount box! So sign so that the signature overwrites part of the preprinted name,
This includes signing letters!

[scottygees]

Cabot have been sending out a letter saying ".... your account has been reviewed for legal action. contact with 28 days so we can prevent this from happening.."
We can help you to avoid this. .."

But I should wait until closer to 28 days and send the second follow up Over Draft letter to Cabot enclosing copy of the first letter sent and with Recorded Delivery details!
This is what the second letter says!
"..
Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).
.."
By writing to you without mentioning that first overdraft letter they are in effect ignoring/denying it!
https://www.all-about-debt.co.uk/for...20CCA%20v2.doc
.

29/3/18-Letter recd from Cabot dated 26/3/18 threatening legal action. I will send the follow up letter this weekend but a bit peeved that they haven’t even given me the initial 28 days to respond. On another note I have tried to read the post regarding Cabot not being regulated but can’t make any sense of it. Can someone confirm the status of all the arms of their business and whether they are regulated or not. Thanks in advance.

[Roger]

29/3/18-Letter recd from Cabot dated 26/3/18 threatening legal action. I will send the follow up letter this weekend but a bit peeved that they haven’t even given me the initial 28 days to respond. On another note I have tried to read the post regarding Cabot not being regulated but can’t make any sense of it. Can someone confirm the status of all the arms of their business and whether they are regulated or not. Thanks in advance.

Does the Cabot letter say "..Your Outstanding balance - potential legal action ... What legal action could mean? Our typical approach would be to instruct a solicitor ..within the next 14 days.." In the top Left Hand "PL2"

I had one of those that followed the first and yes before end of 28 days! Same pattern to frighten into submission.

I wouldn't knee jerk react but send second overdraft letter (recorded delivery) The second letter sets out the legal position!!

I am presuming that Cabot's template letters are set out the same as was mine. On the Right Hand side of my letter there are a series of BOXES one saying ORIGINAL LENDER and then below this CURRENT CREDITOR What name appears in that box?

[scottygees]

Does the Cabot letter say "..Your Outstanding balance - potential legal action ... What legal action could mean? Our typical approach would be to instruct a solicitor ..within the next 14 days.." In the top Left Hand "PL2"

I had one of those that followed the first and yes before end of 28 days! Same pattern to frighten into submission.

I wouldn't knee jerk react but send second overdraft letter (recorded delivery) The second letter sets out the legal position!!

I am presuming that Cabot's template letters are set out the same as was mine. On the Right Hand side of my letter there are a series of BOXES one saying ORIGINAL LENDER and then below this CURRENT CREDITOR What name appears in that box?

Hi Roger,yes it looks like the exact same letter. The current creditor is named as Cabot Financial UK Ltd

[Roger]

Hi Roger,yes it looks like the exact same letter. The current creditor is named as Cabot Financial UK Ltd

I think you mean Cabot Financial (UK) Ltd

Here is the FCA link to print off and store copy with your filing (don't mention to DCA, store this away )
http://fca-consumer-credit-interim.f...w?accId=472690
Cabot Financial (UK) Limited (FCA No 472690) Ended 28/02/2015 (Unlicensed)


See Niddy's Blog
https://www.all-about-debt.co.uk/for...50#post1291550
"..The exact reasons we want to keep sensitive if you don't mind..."

[scottygees]

I think you mean Cabot Financial (UK) Ltd

Here is the FCA link to print off and store copy with your filing (don't mention to DCA, store this away )
http://fca-consumer-credit-interim.f...w?accId=472690
Cabot Financial (UK) Limited (FCA No 472690) Ended 28/02/2015 (Unlicensed)


See Niddy's Blog
https://www.all-about-debt.co.uk/for...50#post1291550
"..The exact reasons we want to keep sensitive if you don't mind..."

Thanks Roger

[scottygees]

[QUOTE=scottygees;n1497304]MBNA

• Credit Card
• Date commenced-unknown
• Approx balance-£785
• Date last paid-Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-unknown as no longer showing on credit report
• Account owner- Idem Capital Securities

no previous correspondence recd
13/7/17-CCA request made
17/7/17 CCA request delivered and signed for
21/7/17-letter received from Idem dated 19/7/17."we will endeavour to provide the requisite information within the next 12 working days
4/08/17-letter received from Idem dated 2/8/17.They are unable to provide the CCA at present and accept the agreement can't be enforced until such time they can. They have contacted original lender and if available will send it if available. They confirm balance is still outstanding and will continue to pursue including updating credit reference agencies. They state I am free to take whatever action I consider appropriate but they will not be releasing me from any obligation under the agreement
5/8/17-income and expenditure form recd from Idem dated 2/8/17. Filed away no action to take
25/09/17-letter recd from Idem dated 20/9/17 "we note no formal arrangement,please complete I&E in next 14 days or we will take further collection activity".(as no CCA provided and they have previously acknowledged they can't enforce it , letter filed away.
09/11/17-letter recd from Idem Saying account has now been purchased by Cabot.Introduction letter also recd in same envelope from Cabot, asking me to make contact. As I still haven't received the CCA I requested what action do I need to take at this stage, if any? Thanks in advance
28/11/2017-letter recd from Cabot.dated 22/11/17.nothing threatening but should I send a SWID letter or wait a bit longer?
26/12/17 letter received from Cabot.Please contact us to review options available for repayment.no action taken. (sWID letter to be sent ASAP)
15/01/18-letter recd from Cabot Financial. Confirming they own the account and are prepared to reduce the balance to enable quicker repayment. (Swid to be sent beginning of February)
01/02/18-SWID issued special delivery to Cabot
14/2/18-letter recd from Cabot.they will be conducting a full investigation which could take 8 weeks.They confirmed they recd my SWID on the 2nd February
6/3/18-further letter recd from Cabot confirming they havent yet resolved my complaint. NFA to take await their next move.
13/3/18-Letter recd from Cabot unable to provide CCA at this moment and acknowledge unenforceable in the meantime but I am still obliged to repay the balance. No action taken
4/4/18-Letter received from Cabot in response to the SWID.They have investigated etc.Confirm that MBNA have confirmed they won’t be able to provide CCA but usual blurb about Still payable, balance outstanding etc. They reiterate the debt is unenforceable but that doesn’t mean I m not obligated to pay the outstanding balance. Is there anything else to do/send here? Or just sit back and await their next letter?

[The Tech Clerk]

shame for them is it not!

[scottygees]

[QUOTE=scottygees;n1497302]YORKSHIRE BANK

• Credit Card
• Date commenced-not known
• Approx balance-£1583
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-unknown as no longer showing on credit report
• Account owner-Cabot

12/06/17-letter recd asking for contact to discuss solutions e.g monthly payment plan and reduced lump sum payment to clear
13/07/17-CCA request made
17/7/17-CCA delivered and signed for
21/7/17-letter recd from Cabot dated 16/7/17,so this would have crossed in the post with my CCA request.It states as no payments are being received or a commitment to a payment plan the account will be reviewed for legal action.please contact us within 28 days. We have flexible solutions available.
29/7/17- letter recd from Cabot dated 24/7/17. Confirming they don't currently have this info. But have requested it from Yorkshire bank.they acknowledge the account is temporarily UE as they won't be able to provide CCA within 12 day period but they anticipate to have it within 40 days. They will write again if CCA not available at 40 days.
30/4/18-Letter received from Cabot confirming they are unable to provide CCA and accept it is unenforceable in court, but can still chase the debt and expect payment

[scottygees]

[QUOTE=scottygees;n1497306]BARCLAYCARD

• Credi card
• Date commenced -unknown
• Approx balance-£957
• Date last paid-Jan 2016
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-default 30/3/2016
• Account owner- Link Financial Outsourcing

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request not delivered as no access to delivery address. Await post to be returned and send again
18/7/17-CCA request delivered and signed for
19/10/17-letter recd from Link Financial dated 16/10/17. Confirming original creditor(Barclaycard) are unable to fulfill the section 77/78 request . They agree the account is currently unenforceable but that the outstanding balance remains collectible and it is acceptable for creditors to register and continue to report a default. They conclude by stating this information concludes their obligations under section 78 of the act
20/10/17-statement of account recd from Link with information sheet regarding notice of arrears
27/10/17-letter from Link confirming no repayment plan in place.Please contact them with an offer of repayment
18/12/17-Letter received from Link dated 14/12/17, still no repayment in place please contact us.We remain committed to debt recovery by negotiation but will if needed pursue through county court.

/QUOTE]
30/4/18-Letter received from Link stating exactly the same as letter received on 18/12/17.no action taken as CCA still not received

[Roger]

16/10/17. Confirming original creditor(Barclaycard) are unable to fulfill the section 77/78 request . They agree the account is currently unenforceable but that the outstanding balance remains collectible and it is acceptable for creditors to register and continue to report a default. They conclude by stating this information concludes their obligations under section 78 of the act

14/12/17, still no repayment in place please contact us. We remain committed to debt recovery by negotiation but will if needed pursue through county court.

Its UE so they continue to pester and badger!!

I would be very surprised if the Current Owner is Link Financial Outsourcing
Looking at Statement Of Account on 20/10/17 signed by Link Financial Outsourcing?
.
TOP right hand side of that letter does it say something like the following? :
Notice issued by Link Financial Outsourcing
Limited for ############################
The Current Owner will be the Name I have indicated with ##### (What name appears on your letter?)

[scottygees]

VANQUIS

• Credit Card
• Date commenced -not known
• Approx balance £1002
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment since Feb 2017
• Status -Default 31/8/2015
• Account owner-DLC

9/6/17-letter recd confirming they have been instructed by vanquish to collect balance and require me to contact them
26/6/17-letter recd offering a 50% reduction on outstanding balance
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
12/8/17-letter recdfrom DLC dated 1/8/17 stating they are only collectors and that I need to send request directly to Vanquis.They have returned the postal order. Any advice or should I just now send the request to Vanquis
17/08/17-CCA request made to Vanquis
19/08/17-CCA request delivered and signed for
01/09/17-CCA received from Vanquis dated 30/08/17.Awaiting advice
02/09/17-CCA sent to Niddy who confirms it is enforceable . Will await further contact from DCA before deciding what course of action to take.
11/12/17-Letter recd from Vanquis confirming now assigned to Lowell. Introducing letter recd from Lowell in the same envelope.
2/1/2018-letter received dated 28/12/17 from Lowell’s please contact us to arrange a a payment plan we are here to help. No action taken
27/01/18-Letter recd from Lowell’s they may look at referring for legal action.Best way to stop this is by contacting us to discuss affordable repayment plan.This letter also refers to JD Williams account
(01/02/18-SWID sent special delivery to Lowell’s
13/02/18-letter recd fro Lowells account on hold for 40 days until they can provide the CCA.
21/3/18-Letter and CCA recd from Lowell’s.This is an exact copy of the one Niddy has already said is enforceable. I assume no further action to take at this stage apart from await their next letter?
21/3/18- further letter recd from Lowell’s account on hold until 18th April to give me time to review the CCA they sent.
4/4/18-SAR request issued to Vanquis
19/4/18-letter received from Lowell’s.We are more than happy to help, please call us, Stepchange recommendations etc etc


e

10/5/18-Letter received from Lowell’s dated 4/5/18 stating they haven’t heard from me , contact to make arrangements but this time saying they WILL take further action to recover debt if no contact made. I still haven’t received the SAR from Vanquis and have noticed the cheque hasn’t been cashed though I do have proof of delivery. How much longer should I give the SAR and if it isn’t received should I take any further action?

[Still Waving]

10/5/18-Letter received from Lowell’s dated 4/5/18 stating they haven’t heard from me , contact to make arrangements but this time saying they WILL take further action to recover debt if no contact made. I still haven’t received the SAR from Vanquis and have noticed the cheque hasn’t been cashed though I do have proof of delivery. How much longer should I give the SAR and if it isn’t received should I take any further action?

They are required to supply SAR information within 40 days of receipt of request. Chase them if not received by then. (Their time is almost up).