Unenforceable diary

[glimmer]

Did Cabot acknowledge the CCA Request that you sent in April which they signed for?

Or have they ignored it since you say you are still paying them through a DMP?

And is the debt owner Cabot Financial (UK) Ltd or Cabot Financial Ltd?

Di

Nope no acknowledgment as yet.

Cancelled dd with DMP early this month.

Not sure which company Cabot are using as have no paper work.

[glimmer]

The same question about this CCA Request to Apex who purchased your Halifax Personal Loan?

Di

Account has been assigned to Wescot late last month so not sure this has been sold on.

Should I send CCA to Wescot.


DD with DMP cancelled early this month.

[glimmer]

If Lloyds haven't complied with your CCA Request yet (sent 20th May) this debt will be unenforceable in court unless or until they do

Perhaps it's gone quiet because they can't locate the paperwork so they might sell you on.

Di

Still no CCA reply.

[glimmer]

I've just noticed that you may have sent your CCA Request to Moorcroft the DCA and not MBNA who are the owners of the debt.

Did you get a response from either of them?

Di

Still no reply.

[glimmer]

^ ^ ^ ^ I can see that I previously suggested you should send a SAR/GDPR to your DMP provider StepChange. Have you done that?

Reading back through your thread there may be some understandable confusion as to who actually owns these debts and who may be acting as their agent.

Di

Hopefully will get this out at the weekend thanks Di.

[glimmer]

CCA reply from Cahoot stated they had no recollection of my account and that they need more info
like old address. Should I give them this or wait for SAR from DMP to see who they been paying to.

Not sure all the DCA have my current address will they likely get this from my now ex DMP company
i don’t want an unexpected ccj.

[Joanna Connolly Solicitors]

CCA reply from Cahoot stated they had no recollection of my account and that they need more info
like old address. Should I give them this

I'm happy to hear that Cahoot have no recollection of your account.

Good start

Definitely do not give them any more information to work with at this stage.

If they've no idea of your address when the account was opened and you tell them (please don't) then they may be able to produce a convincing reconstituted credit agreement.

You've sent a valid s 77-79 CCA Request which they have acknowledged so the ball is in their court to comply (or not).

Di

[glimmer]

Just went back through my Cahoot paperwork and now just realised I’d given them a wrong number on my account when I sent a CCA.

Silly of me but never mind will get another one sent ASAP.

[Roger]

Just went back through my Cahoot paperwork and now just realised I’d given them a wrong number on my account when I sent a CCA.
Silly of me but never mind will get another one sent ASAP.

I wouldn't send another CCA
The Account is still with Cahoot/Santander and Di's comments remain valid
"..

Definitely do not give them any more information to work with at this stage.

If they've no idea of your address when the account was opened and you tell them (please don't) then they may be able to produce a convincing reconstituted credit agreement.

You've sent a valid s 77-79 CCA Request which they have acknowledged so the ball is in their court to comply (or not).

.."
If you think about this it is perfectly possible to misquote an account number (and this must happen) BUT your name and indeed address will be on their records (think SAR! GDPR!)
.
As regards that CCA do nothing until the account is sold and then send a SWID you have evidence of a validly sent CCA!

[glimmer]

Thanks for your reply Roger.

One other thing Is that when I sent CCA to Cahoot I didn’t use my middle name just first and last.
The old paperwork I have from them states my middle initial. Should I of given them my full name.

Plus DMP company was always updated on current addresses so would of thought they passed this info on but maybe they didn’t.

[Roger]

Thanks for your reply Roger.

One other thing Is that when I sent CCA to Cahoot I didn’t use my middle name just first and last.
The old paperwork I have from them states my middle initial. Should I of given them my full name.

Plus DMP company was always updated on current addresses so would of thought they passed this info on but maybe they didn’t.

All the more reason to let sleeping dogs lie!
They took the £1 didn't they!
Now look at the wording of AAD CCA S 77/78 Request , What you are saying is a possible error with the reference No.
"..
I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974). I require that you provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).
.."
Did they write back and query you? your address?
I should file that letter in a very secure place!! Silence from now on!

[Joanna Connolly Solicitors]

I agree wholeheartedly with Roger - especially the bit he’s highlighted in red.

They’ve been happily taking money off you for years and managing your account according to the Terms & Conditions (apparently) so the fact that they’re suddenly suffering from amnesia and have no recollection of the account is intriguing

Di

[glimmer]

Hi all,

some advice needed. On my #2 debt with Halifax I did originally cca Apex but in that time it had already been assigned to Wescot.

As I’m now receiving letters from these should I cca them now or wait until I get more threatening letters.

many thanks.

[Warwick65]

I've not read you whole thread but if I am right this account is still owned by Halifax. The collection was outsourced to Apex and now Wescot . I don't believe Wescot are debt purchasers, they just collect on behalf of others.

Are you still getting letters from Halifax or have they written saying the account has been assigned (sold) to someone else ?

[Warwick65]

When you sent your CCA to Apex, did they reply at all ?