Puzz's cca confusion.....

[Puzzcat]

Hi My name is Puzz and I have been on a dmp for nearly 4 years. I started with Step Change but went self managed last year and due to financial circumstances have been paying token payments since then. I have recently sent a cca request to one of my creditors and despite a lot of reading of the available information on the topic of what you should receive back, I wasn't sure if what I received was correct. I joined this site, but couldn't post as the format wouldn't work on my pc.. it now does..! I have emailed my paperwork to Niddy who is kindly looking at it for me. i already have one that has come back unenforceable and 2 that appear to have the correct paperwork. I have 3 left to cca, and will do them later in the year as I don't want to confuse myself!

[nightwatch]

Welcome Puzz,
can we suggest that you start a diary of these accounts,as below.

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

a seperate post for each one, then when you receive any letters or calls you edit each post, with what you receive,
that way both you and us know what is going on and no one gets confused;

please look at some of the unenforceable diarys so you get the idea of how they work

good luck with your journey xx

NW

[Puzzcat]

Hi, Well I am only dealing with one at the minute

• Natwest Credit Card
• 1997
• £8900
• Date last paid in full - August 2013
• Are you on arrangement or not paying - Arrangement £5 per month
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Literally just been sold to cabot, a month after sending me the cca.....

Word back from Niddy is this is UE....

Regards
Puzz

[SaltnVinegar]

Hi Puzz

Welcome to AAD!

Fingers crossed for you that any paperwork they send you has some issues.........

[cymruambyth]

Hi and welcome to AAD, I would also set up posts for the accounts that appear to have the correct paperwork. The paperwork may not be correct - not only do you need a correct CCA, but there are many other areas where the paperwork may fail .....

[Puzzcat]

I have received a cca back from another creditor and hoping once I scan it and send it Niddy will take a look.

• RBS Credit Card
• Date commenced 17/08/2007
• Approx balance £4000
• Date last paid August 2013
• Are you on arrangement or not paying - Arrangement £5 a month
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Bought by Cabot/Managed by Wescot

Puzz

Word back from Niddy is this one is enforceable..

[Meepatme]

Welcome

[Puzzcat]

Hi, Well I am only dealing with one at the minute

• Natwest Credit Card
• 1997
• £8900
• Date last paid in full - August 2013
• Are you on arrangement or not paying - Arrangement £5 per month
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Literally just been sold to cabot, a month after sending me the cca.....

Word back from Niddy is this is UE....

Regards
Puzz

update.. This cca has been bouncing around like its groundhog day between managing and owning DCA and the original creditor and finally they have currently agreed its UE....

[Joanna Connolly Solicitors]

I have received a cca back from another creditor and hoping once I scan it and send it Niddy will take a look.

• RBS Credit Card
• Date commenced 17/08/2007
• Approx balance £4000
• Date last paid August 2013
• Are you on arrangement or not paying - Arrangement £5 a month
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Bought by Cabot/Managed by Wescot

Puzz

Word back from Niddy is this one is enforceable..

The credit agreement may be 'enforceable' but have they got everything else right?

Is the debt owner Cabot Financial Ltd or Cabot Financial (UK) Ltd which is unlicensed by the FCA?

What about the Default Notice?

Have you been receiving an annual Notice of Sums in Arrears (s 86) since it was defaulted in 2013?

What's happened since your last post on this debt in October 2017?

Di

[Joanna Connolly Solicitors]

update.. This cca has been bouncing around like its groundhog day between managing and owning DCA and the original creditor and finally they have currently agreed its UE....

That's good to hear

The FCA guidelines CONC 13.1.6 mean that the firm must tell the customer when a debt is unenforceable due to non compliance with s 77 - 79 CCA >

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html


Has NatWest agreed to close the account and/or said that they won't assign it to a debt purchaser? Or have they asked you politely to continue to pay?

Di

[Puzzcat]

That's good to hear

The FCA guidelines CONC 13.1.6 mean that the firm must tell the customer when a debt is unenforceable due to non compliance with s 77 - 79 CCA >

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html


Has NatWest agreed to close the account and/or said that they won't assign it to a debt purchaser? Or have they asked you politely to continue to pay?

Di

Hi Diana,

Apologies for the delay in responding, i haven't been on the site since I last posted! Cabot Financial (Europe) wrote back about the Natwest debt and stated that because it was illegible and therefore does not fully comply they are ceasing collection on this account. Of course that wasn't the reason i was told it was unenforceable so i will keep that up my sleeve in case it raises its head again!

Regards

[Puzzcat]

I have another CCA that has come back after I requested it on 31st May 2017 and they didn't have it at the time.

• Halifax Credit Card
• Date commenced 19/03/2007
• Approx balance £4148
• Date last paid August 2017
• Are you on arrangement or not paying - Arrangement £5 a month then not paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Bought by Cabot Financial (Europe) Limited

I am emailing it over to Niddy for his expert eye!

Puzz

[Roger]

I have another CCA that has come back after I requested it on 31st May 2017 and they didn't have it at the time.

• Halifax Credit Card
• Date commenced 19/03/2007
• Approx balance £4148
• Date last paid August 2017
• Are you on arrangement or not paying - Arrangement £5 a month then not paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Bought by Cabot Financial (Europe) Limited

I am emailing it over to Niddy for his expert eye!

Puzz

Cabot Financial (Europe) Limited
Has two entries in FCA
On as Appointed representative

This is a firm or individual that can act on behalf of another firm (its principal) that is authorised in the UK or regulated in another EEA country. The principal is responsible for the appointed representative's activities.

the other which is Lapsed for Consumer Credit Business

https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

Entering into a regulated credit agreement as lender; and exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement.

http://fca-consumer-credit-interim.f...w?accId=441205

Consumer credit business		Inactive		31/03/2016 (Lapsed)

[Joanna Connolly Solicitors]

I have another CCA that has come back after I requested it on 31st May 2017 and they didn't have it at the time.

• Halifax Credit Card
• Date commenced 19/03/2007
• Approx balance £4148
• Date last paid August 2017
• Are you on arrangement or not paying - Arrangement £5 a month then not paying
• Status (default/in arrears/up-to-date) - Defaulted
• Account owner (who is writing to you, a DCA or the lender) - Bought by Cabot Financial (Europe) Limited

I am emailing it over to Niddy for his expert eye!

What was the verdict on the enforceability of this credit agreement?

Di