Bluemonday 3 Unenforceability Diary

[Bluemonday3]

A bit of a daft question but would people know if creditors are more likely to chase you if you have a house opposed to someone who rents please?
I am thinking ahead and just wondering how long I can be brave enough to sit quiet?

[Bluemonday3]

Thanks again for your words of wisdom and encouragement, i still feel gutted I was so close to paying this debt off before my income decreased, but I am beginning to feel more confident in my new choices and taking that leap of faith and ignoring these parasites!

[Spud]

Its hard as I have always been pathetically compliant!!!

Or its because you have now gained a bit more knowledge on the subject and are back in control

Your doing great

[Roger]

Thanks Roger, I will keep stumm! Its hard as I have always been pathetically compliant!!!

AAD has been a revelation for me personally and especially about regaining confidence and control over my own Life and Debts.
Nobody judged me! Rather I was encouraged to make my own decisions as to what was best for me.

The control starts with good filing, putting the paperwork in order. Dating, recording and storing letters and correspondence.
Reading Other Diaries and experiences (there is a real treasure trove of wisdom on this site).

It is also about the Consumer Credit Act and Law (That's Us we are the Consumer) this is to protect Us and Our interest. The penalty for failure for Lenders and DCA's etc.. is UE.

AAD starts with the CCA S.78 because that is Our Legal Right.

There are also other reasons for UE within the Consumer Credit Act and the Law and this is where your filing is so important because no two Debt Cases are the same.

You have started on a road that is putting you in control here and you are doing very well!

[Bluemonday3]

Thanks Roger, I will keep stumm! Its hard as I have always been pathetically compliant!!!

[Roger]

I have started to receive contact from Cabot, one about my egg card which they did send a CCA through and despite it being pretty much ineligible, Niddy said this was unenforcable so I have ignored this.
Cabot have also written to say they are taking back my mint card debt from Wescot and need to arrange payment, they actually 'welcomed me back to Cabot!'
No mention of the CCA request that they said put the account on hold until they sent it to me.
Wescot who managed my Lloyds debt have also written asking for payment since my default dispute has bee resolved, again no mention of the fact the account was on hold until they comply with my CCA request.
I have read lots of posts on this site and I guess I am looking for reassurance. Am I best to ignore them or remind them that the CCA requests have not been complied with ?
any advice would be great.

I see that you have updated the individual; Diaries well done.

Cabot will know! But that won't stop them from trying to squeeze you for every last farthing! .

Silence here on the Mint Card and the Lloyds because they are in default of a CCA request!

Egg Card is UE so again Silence.

The AAD way is Silence in these Cases. Post any correspondence you receive and you will get advice!


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[Bluemonday3]

I have started to receive contact from Cabot, one about my egg card which they did send a CCA through and despite it being pretty much ineligible, Niddy said this was unenforcable so I have ignored this.
Cabot have also written to say they are taking back my mint card debt from Wescot and need to arrange payment, they actually 'welcomed me back to Cabot!'
No mention of the CCA request that they said put the account on hold until they sent it to me.
Wescot who managed my Lloyds debt have also written asking for payment since my default dispute has bee resolved, again no mention of the fact the account was on hold until they comply with my CCA request.
I have read lots of posts on this site and I guess I am looking for reassurance. Am I best to ignore them or remind them that the CCA requests have not been complied with ?
any advice would be great.

[Bluemonday3]

Yet....

[Bluemonday3]

I have only just missed two payments to Cabot for my Egg debt as have been with step change since 2009 and paid off a huge portion of my debt so I am assuming that’s why they have not taken further action??

[The Tech Clerk]

if they have a good case they could pass to a solicitor , just wondering why not or trying to get to pay up before they decide to move forward etc?? just my thought nothing obvious at this stagE

[Bluemonday3]

Please excuse my ignorance but what ‘direction ‘ do you mean please?

[The Tech Clerk]

Wescot are only commission agents and collect for owners, wonder why they have done that and not progressed in the other direction? i. Wetcloths as some of us call them.

[Bluemonday3]

Hi I am not sure if I have letter of assignment as this was passed on some years ago, I think it will be somewhere in the bowels of the filing cabinet or my many carrier bags of mail!
I will check this.
My Mint account was passed to Cabot Financial Europe but is being managed by Wescot.!

[Westham1]

My Mint account was sold to Cabot Financial (UK), and this is the name of the current creditor in the box on the right-hand side of any letters from Cabot.
However in the initial letter I received from Mint (RBS) they said that Cabot Financial (UK) had instructed Cabot Financial(Europe) to act on their behalf.
Also in the correspondence from Cabot (UK) it says to deal with Cabot (Europe) and says to send any money to Cabot (Europe).
In the link that Roger sent the first entry has Cabot Financial (Europe) as an authorised name for Cabot Credit Management, so maybe this gets around.the elapsed status of Cabot (UK).
Bluemonday3 needs to check the letter of assignment.

[Roger]

Hi Roger,
Could you point to where you get this information from. I have tried previously to find this information from the FCA web-site, but haven't managed to see it.
Thanks,
Westham1

Hi Westham
Some kind person on this site gave the link to the FCA Registry this is the Cabot search
https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr