Blodwen's UE Journey

[Joanna Connolly Solicitors]

The SAR is just all the information they hold on you, so it should include all letters sent from the creditor to the DMP company. Its useful to have.

Definitely useful

When a creditor or debt purchaser/Claimant finds themselves unable to produce evidence that they served an essential statutory notice on a debtor (such as a Default Notice or Notice of Assignment etc) it’s been known for them to try to persuade the court that it would have been served on the DMP provider who they’ll say was acting as your agent at the time.

If you’ve got the SAR from your DMP business you’ll be able to prove if that’s true or false (notwithstanding the fact that statutory notices must be served on the debtor but that’s another legal story altogether).

Di

[cymruambyth]

I would hold back for now; maybe wait until they start to be more threatening! You will get vast quantities of paper a lot of which is useless which you will need to store.

[Blodwen]

Thank you for your replies. Would you advise sending SAR's to all creditors in which I have holes in my paperwork at this stage? Not all the DCA's have complied with our CCA request as yet - including this one in question from Cabot. In fact all bar 4 creditors haven't complied with the CCA request.

[The Tech Clerk]

send Recorded Delivery and keep copy

[JLC]

The SAR is just all the information they hold on you, so it should include all letters sent from the creditor to the DMP company. Its useful to have.

[Blodwen]

Thank you both - I will send one on Monday advice much appreciated.

[The Tech Clerk]

SAR now they have 40 days to supply it,

[Blodwen]

You can send a SAR request to the DMP and they will send you copies of the paperwork. Don’t forget to include the £10 for this service. I got a massive load of paperwork (I was like you and threw all mine away).

Thank you for your reply JLC - is it too early to send a SAR at this stage? Thanks

[JLC]

You can send a SAR request to the DMP and they will send you copies of the paperwork. Don’t forget to include the £10 for this service. I got a massive load of paperwork (I was like you and threw all mine away).

[Blodwen]

Good Morning Di.......thank you for your reply. I'm going to be completely honest and I'm really ashamed to say that whilst we were on the DMP we were really lapse in keeping any paperwork from the creditors. Its hard to explain but Once we got over the upset and shock of admitting the state of affairs and the DMP accepted us and we settled into paying it every month, we buried our head in the sand and didn't want to be constantly reminded of the situation as it was such a horrible part of of our lives. We simply thought being on our DMP was our lot and we would never require our paperwork again. Ordinarily I never throw any correspondence away that is important - I really wish we had kept this paperwork as there are holes all over the place in what we have and what we don't have pre August 2017 I'm ashamed of this now and could really kick myself for it. Obviously now we know different and we don't throw anything out what so ever, it is all filed away safely. I really worry that there are gaps in our paper trail.
We did keep really old letters thought pre the DMP and for the first year or so as I was really hot at filing these away. For others that are reading this .............please please keep all your paperwork safe and not make the same mistake as me.

The odd things is though Di, is that I sent the CCA request to Apex as I found a letter dated in 2013 with account numbers etc, however it was Cabot who responded to our CCA request by sending a letter informing us they were obtaining the varied terms and conditions from the original lender. That was in August 2017. Then in October 2017 we received the "Welcome to Cabot Letter" the second paragraph goes onto explain that they will inform our DMP provider of the change and we would not need to do anything. At this time we had finished with our DMP but I imagine it simply hadn't filtered through as yet as it was only two months previously. We haven't had a letter with the actual wording of "Notice of Assignment of Account" since August 2017. Only the welcoming letter. Apologies if my explanation is confusing.

[Joanna Connolly Solicitors]

previous correspondence has stated that Cabot Financial (Europe) Limited are the creditors, however this letter states (on the right hand side of the paperwork) that it's Cabot Financial UK Limited who are the current creditor. I know they are all the same company but if the UK division is unauthorised why would they still be referring to them on their paperwork, surely this would read Cabot Financial (Europe) Limited?

They should state the owner of the debt in their correspondence.

If the debt was assigned to Cabot Financial (UK) Ltd then that's what they must state.

What did it say on the Notice of Assignment from Halifax (if you were sent one)?

Di

[Blodwen]

Halifax

• Credit Card
• Date Commenced - February 2009
• Approx Balance - £3,000
• Status - Default April 2012
• Date Last Paid – Full Payment November 2011
• Are you on arrangement or not paying - Date last paid via DMP August 2017
• Account Owner – CABOT

7^th August 2017 – CCA sent to Cabot recorded delivery with Postal Order.

21^st August 2017 – Reply from Cabot informing us they require the relevant details from original lender.

1^st August 2017 – Account statements arrive for periods October 2016 – March 2017 - States Account Owner is Cabot Financial (Europe) Limited

30^th September 2017 – Account statements arrive for periods April 2019 – September 2017 - States Account Owner is Cabot Financial (Europe) Limited.

26^th October 2017 – No Further contact from Cabot with regards to our CCA information.

October 2017 - Welcome to Cabot letter received. - our account has been transferred from Apex and now is managed by Cabot......Really odd to receive this as they have been corresponding with us prior to receiving this letter - still no response to our CCA request.

2018

February 2018 - Letter received from Cabot - requesting we contact them to arrange payment. - On the right hand side of this letter it states current creditor is Cabot Financial UK Limited - however when they sent the statement of account they made reference to the owner being Cabot Financial (Europe) Limited - Noted and filed.

Good Morning All - we have received a letter from Cabot requesting we contact them to arrange payment. I have noted it and filed away as we are yet to receive a response to our CCA request. What is puzzling me is the fact that previous correspondence has stated that Cabot Financial (Europe) Limited are the creditors, however this letter states (on the right hand side of the paperwork) that it's Cabot Financial UK Limited who are the current creditor. I know they are all the same company but if the UK division is unauthorised why would they still be referring to them on their paperwork, surely this would read Cabot Financial (Europe) Limited? Am I being really dim here and missing something?

[Blodwen]

LBC = Letter Before Claim. It comes at the stage when an alleged debt has been referred to solicitors, and before they actually issue a claim at the court. The new Protocols oblige them to to send a letter which includes certain information about the claim, and a reply form for the recipient to complete indicating whether they admit or dispute the debt. Thereafter there is a timetable for responses prior to a claim actually being issued.

Thank you Still Waiving for the explanation - much appreciated. There is so much to learn

[Still Waving]

Can I someone advise what a LBC is please? I have seen a lot of reference to the terminology and wondered what it stands for and where will it be applicable Thanks

LBC = Letter Before Claim. It comes at the stage when an alleged debt has been referred to solicitors, and before they actually issue a claim at the court. The new Protocols oblige them to to send a letter which includes certain information about the claim, and a reply form for the recipient to complete indicating whether they admit or dispute the debt. Thereafter there is a timetable for responses prior to a claim actually being issued.

[Blodwen]

oops.....sorry for the duplicate post - not sure what happened there!!