Marly Diary

[cymruambyth]

Their ineptitude only helps your cause!

[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.

Should I be doing anything about now?

[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 missed call and voicemail from Cabot
9th November missed call and voicemail from Cabot
11th November Missed call and voicemail from Cabot (Obviously working overtime on a Saturday)
14th November missed call and voicemail from Cabot (this time from Withheld number)
16th November missed call from withheld number pretty sure it was Cabot no Message left
16th November missed call and voicemail from Cabot
18th November Missed call and voicemail from Cabot (more overtime obviously)
20th November missed call and voicemail from Cabot

If I write and ask them to stop calling, does that mean they will just send more letters instead?

[The Tech Clerk]

look in templates and look for harassment etc letters regarding communications i.e. telephone calls

[Still Waving]

If I write and ask them to stop calling, does that mean they will just send more letters instead?

The AAD telephone harassment letter says that all communication should be in writing. They will write, but probably at intervals of a few weeks.

[Joanna Connolly Solicitors]

There are 2 Cabot Debts, one letter had an enclosed letter stating:

"We have decided to transfer (this is sometimes called 'assign') all of our rights in connection with your account to another company, Cabot Financial (UK) Limited ("Cabot"). Cabot has appointed Cabot Credit Management Group Limited ('Cabot Group") to manage your account on their behalf.

It didn't say notice of Assignment on it, which is what confused me but reading it again it seems they have purchased it.
.

I note this account has been assigned to Cabot Financial (UK) Ltd which is unlicensed.

This may cause them a few problems if they attempt to take you to court

The relentless phone calls should stop soon. The Harassment Template Letter makes it clear they must contact you in writing only from now on.

Make a note of the date and time they've called in case you need that information later down the line.

I see no reason why you shouldn't send a s 77 - 79 CCA Request now - no need to wait.

Di

[Marly]

Thanks everyone I will download and send harassment letter template, it wasn't bothering me to start with but as they are ringing every second day I am starting to get Angina pain as its stressing me out now .

[Marly]

I note this account has been assigned to Cabot Financial (UK) Ltd which is unlicensed.

This may cause them a few problems if they attempt to take you to court

The relentless phone calls should stop soon. The Harassment Template Letter makes it clear they must contact you in writing only from now on.

Make a note of the date and time they've called in case you need that information later down the line.

I see no reason why you shouldn't send a s 77 - 79 CCA Request now - no need to wait.

Di

Thanks Di,

Is this the same for 1st Credit (finance) Ltd who is registered on my Credit file for a separate debt and also have a lapsed license, but are using 1st Credit Management to manage? Their last letter said they are sending to their legal department to consider court action.

Also I only have a notice of assignment for 1 debt from Cabot, should I chase the other prior to s 77-79 CCA request, or does it not matter?

Thanks again

[Marly]

Also I have just re read the notice of assignment I do have and I am so confused:

We refer to your Tesco Bank account above.
We have decided to transfer (this is sometimes called 'assign') all of our rights in connection with your account to another company, Cabot Financial (UK) Limited ("Cabot"). Cabot has appointed Cabot Credit Management Group Limited ('Cabot Group") to manage your account on their behalf.

What this means for you
Because you don't currently have a repayment arrangement in place and a balance remains on your account, you may be
• contacted by Cabot Financial (Europe) Limited (part of the Cabot Group of companies) to discuss your current circumstances and agree a suitable repayment arrangement.
• We will forward any payments that may have been made to your account after XXXXX to Cabot and they will be deducted from the balance due shown above.
• Cabot Financial (Europe) Limited will write to you to provide appropriate contact details should you wish to get in touch. In o the meantime, all contact regarding your account should be directed to:
Post - Cabot Financial (Europe) Limited
PO Box 241 West Malling
Kent
ME19 4NA

I don't know now whether it is Cabot (UK) or Cabot (Europe) or whatever other name they want to include in one letter

[Joanna Connolly Solicitors]

I only have a notice of assignment for 1 debt from Cabot, should I chase the other prior to s 77-79 CCA request, or does it not matter?

It's easier for everyone if you re-quote the account post when you ask a question so it's clear which debt you're talking about.

The answer to your query is never chase creditors or debt purchasers for documents.

If they've not served you with a statutory notice then they have a problem. Don't make life easier for them by helping them to remedy their mistakes.

Di

[Marly]

It's easier for everyone if you re-quote the account post when you ask a question so it's clear which debt you're talking about.

The answer to your query is never chase creditors or debt purchasers for documents.

If they've not served you with a statutory notice then they have a problem. Don't make life easier for them by helping them to remedy their mistakes.

Di

Sorry about that, I can understand how that would be easier save going back through to the 1st page.

[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

Is there something I should do now?

[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

[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]

Thanks Cymruambyth,

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