scottygees UE diary

[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]

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]

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]

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]

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]

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?

[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/

[Warwick65]

Either would do - a cheque is cheaper. Some people may think there is a chance of lifting your signature off a cheque but I couldn't comment

[scottygees]

Apologies should I send the £10 as a cheque or postal order?

[scottygees]

Thanks for the replies.I will get the SAR off immediately

[Still Waving]

So would you send the SAR now or nearer to the 18th April? Also would I need to inform Lowell’s I have requested a SAR?
Finally how litigious are Lowell’s?

As Tech Clerk said, get the SAR off immediately. Don't advise Lowell that you are sending a SAR request, that won't achieve anything.

[The Tech Clerk]

SAR they have 40 days so sooner you get it off the better, Lowell are litigious, they go thru to frighten you in the hope you give in, but on many occasions they discontinue at the last moment,(they get their money back (court fee), seems to be a pattern in a lot of cases, when you think 90+% people get a CCJ by default i.e. not challenging lowells

[scottygees]

My thoughts here are now would be a good time for a SAR to VANQUIS because this will include Lowell's exchange of information with VANQUIS over your SWID!
The SAR takes 40 days costs £10 so you want to be able to assess your position here. THERE ARE MANY REASONS FOR UE NOT JUST THE CCA!
The 19th could be ignored to see what they do next. But the SAR should give you the information that you need in this case!
Good Luck

So would you send the SAR now or nearer to the 18th April? Also would I need to inform Lowell’s I have requested a SAR?
Finally how litigious are Lowell’s?

[Roger]

My thoughts here are now would be a good time for a SAR to VANQUIS because this will include Lowell's exchange of information with VANQUIS over your SWID!
The SAR takes 40 days costs £10 so you want to be able to assess your position here. THERE ARE MANY REASONS FOR UE NOT JUST THE CCA!
The 19th could be ignored to see what they do next. But the SAR should give you the information that you need in this case!
Good Luck

[scottygees]

[QUOTE=scottygees;n1509228]

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.

[/QUOTE

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. Should I send anything once this review period is up?