Marly Diary

[Marly]

Debt 6

• Type of account- Credit Card
• Date commenced- June 2001
• Approx balance- £12k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making sporadic reduced payments until Feb 2014
• Status- Default Feb 2013
• Account owner- 1st credit.

July 2012 Halifax informed of health issues and inability to make full payments, Agreed to make reduced payments
April 2013 I missed some payments and got a letter from Halifax solicitors stating considering court action, so started paying again
February 2014 Stopped paying halifax again.
2014-2017 Various debt collectors managing account, Ignored all of them
17th July 2017 1st credit wrote with Notice of assignment but with no balance figure on notice.
19th July 2017 1st credit wrote again with ne Notice of assignment with figure on, and no mention of their previous notice.
26th July 2017 1st Credit wrote asking to arrange payment plan -Letter ignored
7th August 2017 1st credit wrote again let us help blah blah
15th August 2017 1st credit wrote County court proceeding being considered
18th August 2017 - I wrote requesting CCA
23rd August 2017 1st credit wrote acknowledging request and stated it may take several weeks and that collection was suspended whilst they get the documents
4th October 2017 1st credit sent what they say is a True copy of credit agreement at time account was opened, and at time account was defaulted.
12th October 2017 emailed copies of apparent true copy emailed to webmaster
24th October Niddy says for now
24th October 1st credit wrote saying "there is a discount available"- ooooohhhhhh I suppose I best contact them then (NOT)
31st October 1st Credit emailed saying they have sent letter recently please contact at earliest convenience blah blah..........
1st November 2017 1st credit wrote to kindly offer a 20% discount if paid in November
8th November 1st Credit emailed saying they had recently written and to contact them
8th November 1st Credit wrote to say they had made a mistake with the notice of assignment and it wasn't Halifax it was Bank of Scotland
8th November 1st credit sent another (3rd time lucky) notice of assignment with Bank as Scotland as OC
13th November 2017 1st Credit sent letter saying they are sending to their internal legal department to consider starting court proceedings.
23rd November 2017 First credit legal department giving 10 days to respond before they issue LBA
7th December 2017 Missing Pt's sent to 1st Credit
14th December 2017 letter received from 1st credit stating they believe the reconstituted agreement to be fully compliant, and goes on about Carey v HSBC and that they do not need to supply copy of agreement bearing signatures from the parties. blah blah blah.

I'm hoping this is a template letter they have sent as it looks like they have taken a part out as there is no (a) in one part and it starts at (b).

[Marly]

They sent a couple of sums in arrears notices, should they have sent these before they marked a default on my file, that said I don't recall ever receiving a default notice though either.

Its Cabot financial (UK) Ltd

[Joanna Connolly Solicitors]

one of the letters which was a refund of interest and charges from 2012 until 2016 as they identified they hadn't sent a notice and sums of arrears, in accordance with the Consumer credit act. ( I have no idea what this means)

I may know what that means

It could be section 86(c) CCA https://www.legislation.gov.uk/ukpga...39/section/86C

Is the current owner of this debt Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd which is unlicensed?

Di

[Marly]

I am going to send a SAR to Tesco as I know they credited the account, but I cant remember the exact reason, I know Tesco had done something and apologised but I cant find the letters at the moment, do I put both the account numbers on the reference on the Sar template as there are 2 accounts. Also is it ok to send a cheque as this has now been sold or is it better to stick with postal orders?
Thanks

I have found one of the letters which was a refund of interest and charges from 2012 until 2016 as they identified they hadn't sent a notice and sums of arrears, in accordance with the Consumer credit act. ( I have no idea what this means) there were 2 credits to the account though and its the 2nd letter I cant find.

[Marly]

Debt 2- I originally thought this had been sold to Cabot as it is showing on my credit file as Cabot and closed with Tesco, Now I have no idea as the letter is not a notice of assignment.

• Type of account- Credit Card
• Date commenced- January 2009
• Approx balance- £5k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making sporadic reduced payments until March 2015
• Status- Default May 2013
• Account owner- Tesco Bank? or Cabot?

2016- At some point Tesco made some credits to this account for wrong interest charges or something, I cant see them now as Tesco has gone from my noddle report
25th August 2017 Cabot wrote with letter enclosed from Tesco dated 23rd August to say all rights in connection with account to Cabot manage the account on their behalf.
9th September 2017 Cabot wrote saying they really want to help
6th October 2017 Cabot called, told them wasn't convenient to talk, and they said they would call back later
9th October 2017 Cabot called I didn't answer they left voicemail
12th October 2017 Cabot wrote asking me to contact them
19th October 2017 Cabot text asking me to call them
3rd November 2017 Missed call and voice mail from Cabot
6th November 2017 Cabot wrote asking me to contact them
7th November 2017 missed call and voicemail from Cabot
9th November 2017 missed call and voicemail from Cabot
11th November 2017 Missed call and voicemail from Cabot (Obviously working overtime on a Saturday)
14th November 2017 missed call and voicemail from Cabot (this time from Withheld number)
16th November 2017 missed call from withheld number pretty sure it was Cabot no Message left
16th November 2017 missed call and voicemail from Cabot
18th November 2017 Missed call and voicemail from Cabot (more overtime obviously)
20th November 2017 missed call and voicemail from Cabot
23rd November 2017 Missed call and voicemail from Cabot
25th November 2017 Missed call and voicemail from Cabot
27th November 2017 Letter from Cabot saying account has been reviewed for legal action giving me 28 days to respond
28th November 2017 missed call and voicemail from Cabot
1st December 2017 missed call and voicemail from Cabot
4th December 2017 missed call and voicemail from Cabot
5th December 2017 CRA request sent to Cabot
8th December 2017 reminder letter headed potential legal action.

I am going to send a SAR to Tesco as I know they credited the account, but I cant remember the exact reason, I know Tesco had done something and apologised but I cant find the letters at the moment, do I put both the account numbers on the reference on the Sar template as there are 2 accounts. Also is it ok to send a cheque as this has now been sold or is it better to stick with postal orders?
Thanks

[Marly]

Debt 4- Originally Barclays

• Type of account- Credit Card
• Date commenced- February 2007
• Approx balance- £4.5k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making regular reduced payments until February 2013
• Status- Default March 2013 by Link
• Account owner- Link Financial

22nd March 2013 Barclays Sold account to Link Financial having never marked default
31st March 2013 Link defaulted account prior to even contacting me.
2014-2016 Various please contact us letters -all ignored
6th November 2017 Link text asking me to contact them
4th December 2017 Link text to say Happy Christmas and offer 50% discount.....How nice!

Not heard anything from these for a while, I guess they are going to start pestering too now, yay love how they all do it at the same time

[Still Waving]

They will if they deem fit to start legal action without the response to a CCA request regardless, as they will have time during proceedings once started to supply or not. chance of a CCA request stopping action Ummmmmmm??????????well???

What I meant was - they have been given 28 days to respond, why not leave it till mid/late December so that it is on their desk over Xmas. It's not nearing SB, so they are not likely to do anything in advance of their own deadline, or start legal action on receipt of a CCA request.

[The Tech Clerk]

They will if they deem fit to start legal action without the response to a CCA request regardless, as they will have time during proceedings once started to supply or not. chance of a CCA request stopping action Ummmmmmm??????????well???

[Still Waving]

Personally, I would wait a bit. You don't want a quick reply from them arriving just before Xmas

[Marly]

No reason, I shall do it today then

[The Tech Clerk]

why wait> Reason?????

[Marly]

Debt 2- I originally thought this had been sold to Cabot as it is showing on my credit file as Cabot and closed with Tesco, Now I have no idea as the letter is not a notice of assignment.

• Type of account- Credit Card
• Date commenced- January 2009
• Approx balance- £5k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making sporadic reduced payments until March 2015
• Status- Default May 2013
• Account owner- Tesco Bank? or Cabot?

2016- At some point Tesco made some credits to this account for wrong interest charges or something, I cant see them now as Tesco has gone from my noddle report
25th August 2017 Cabot wrote with letter enclosed from Tesco dated 23rd August to say all rights in connection with account to Cabot manage the account on their behalf.
9th September 2017 Cabot wrote saying they really want to help
6th October 2017 Cabot called, told them wasn't convenient to talk, and they said they would call back later
9th October 2017 Cabot called I didn't answer they left voicemail
12th October 2017 Cabot wrote asking me to contact them
19th October 2017 Cabot text asking me to call them
3rd November 2017 Missed call and voice mail from Cabot
6th November 2017 Cabot wrote asking me to contact them
7th November 2017 missed call and voicemail from Cabot
9th November 2017 missed call and voicemail from Cabot
11th November 2017 Missed call and voicemail from Cabot (Obviously working overtime on a Saturday)
14th November 2017 missed call and voicemail from Cabot (this time from Withheld number)
16th November 2017 missed call from withheld number pretty sure it was Cabot no Message left
16th November 2017 missed call and voicemail from Cabot
18th November 2017 Missed call and voicemail from Cabot (more overtime obviously)
20th November 2017 missed call and voicemail from Cabot
23rd November 2017 Missed call and voicemail from Cabot
25th November 2017 Missed call and voicemail from Cabot
27th November 2017 Letter from Cabot saying account has been reviewed for legal action giving me 28 days to respond

Should I wait closer to the 28 days to send CCA?

[Marly]

Thanks Cymruambyth,

So are they now following different rules? I just thought id got my head round it, and its changed lol

[cymruambyth]

No, I would wait until you hear from them again. The rules changed on 1 October regarding actions required before a claim is issued.

[Marly]

Debt 6

• Type of account- Credit Card
• Date commenced- June 2001
• Approx balance- £12k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making sporadic reduced payments until Feb 2014
• Status- Default Feb 2013
• Account owner- 1st credit.

July 2012 Halifax informed of health issues and inability to make full payments, Agreed to make reduced payments
April 2013 I missed some payments and got a letter from Halifax solicitors stating considering court action, so started paying again
February 2014 Stopped paying halifax again.
2014-2017 Various debt collectors managing account, Ignored all of them
17th July 2017 1st credit wrote with Notice of assignment but with no balance figure on notice.
19th July 2017 1st credit wrote again with ne Notice of assignment with figure on, and no mention of their previous notice.
26th July 2017 1st Credit wrote asking to arrange payment plan -Letter ignored
7th August 2017 1st credit wrote again let us help blah blah
15th August 2017 1st credit wrote County court proceeding being considered
18th August 2017 - I wrote requesting CCA
23rd August 2017 1st credit wrote acknowledging request and stated it may take several weeks and that collection was suspended whilst they get the documents
4th October 2017 1st credit sent what they say is a True copy of credit agreement at time account was opened, and at time account was defaulted.
12th October 2017 emailed copies of apparent true copy emailed to webmaster
24th October Niddy says for now
24th October 1st credit wrote saying "there is a discount available"- ooooohhhhhh I suppose I best contact them then (NOT)
31st October 1st Credit emailed saying they have sent letter recently please contact at earliest convenience blah blah..........
1st November 2017 1st credit wrote to kindly offer a 20% discount if paid in November
8th November 1st Credit emailed saying they had recently written and to contact them
8th November 1st Credit wrote to say they had made a mistake with the notice of assignment and it wasn't Halifax it was Bank of Scotland
8th November 1st credit sent another (3rd time lucky) notice of assignment with Bank as Scotland as OC
13th November 2017 1st Credit sent letter saying they are sending to their internal legal department to consider starting court proceedings.
23rd November 2017 First credit legal department giving 10 days to respond before they issue LBA

Do I send the formal letter before action template? I haven't had a LBA however they have said:

"Your account will be held for a further 10 days to allow you time to receive and respond to this letter. If we do not hear from you, your account will be passed to our solicitors with the intention of issuing you with a Letter Before Claim in accordance with the formal legal process (Civil Procedure Rules — Pre Action Protocol). If a County Court claim is issued you may also incur additional material costs, which you will subsequently be legally obliged to pay."

Thanks