Gee's UE diary - was Nat West gold, now Cabot

[Freedom70]

Well here goes, my one and only outstanding credit card that I still owe on, this is the information as best as I can work out or remember:

• Type of account (credit card/loan) - Credit card with Nat West gold account
• Date commenced - Really not sure when card was opened but would guess circa 1994-200
• Approx balance - At time of problems probably in the region of 10-12k, current balance at £6950
• Date last paid (approximate date you last made a FULL payment) - Started to default circa 2006, account frozen about 2007. Initially making payments of £1 a month, then increased to £40 per month. Last payment of £40 made to Nat West on 11/3/19, this is being transferred to Cabot financial who took over the debt. Made a payment of £7.4 to Cabot last week
• Are you on arrangement or not paying - was on an arrangement (I think), but only verbal to the best of my knowledge. This was with Nat West, one of the few people I owed who would not accept a settlement
• Status (default/in arrears/up-to-date). Up to date to 11/3/19
• Account owner (who is writing to you, a DCA or the lender). - Had correspondence that Cabot had taken on the debt 12-18 months ago. Ignored this and continued paying Nat West until Cabot contacted me via phone last week, and I registered on their online system and made a small payment £7.40.
  
  27 March 2019, written CCA letter, dated today, but will post tomorrow.
  
  Let's see if the sh1t hits the fan, am nervous about what i am about to do!

[Joanna Connolly Solicitors]

• Type of account (credit card/loan) - Credit card with Nat West gold account
• Date commenced - Really not sure when card was opened but would guess circa 1994-200
• Approx balance - At time of problems probably in the region of 10-12k, current balance at £6950
• Date last paid (approximate date you last made a FULL payment) - Started to default circa 2006, account frozen about 2007. Initially making payments of £1 a month, then increased to £40 per month. Last payment of £40 made to Nat West on 11/3/19, this is being transferred to Cabot financial who took over the debt. Made a payment of £7.4 to Cabot last week
• Are you on arrangement or not paying - was on an arrangement (I think), but only verbal to the best of my knowledge. This was with Nat West, one of the few people I owed who would not accept a settlement
• Status (default/in arrears/up-to-date). Up to date to 11/3/19
• Account owner (who is writing to you, a DCA or the lender). - Had correspondence that Cabot had taken on the debt 12-18 months ago. Ignored this and continued paying Nat West until Cabot contacted me via phone last week, and I registered on their online system and made a small payment £7.40.
  
  27 March 2019, written CCA letter, dated today, but will post tomorrow.
  
  Let's see if the sh1t hits the fan, am nervous about what i am about to do!

No need for you to feel nervous. You're simply exercising your statutory right to be provided with your credit agreement.

If Cabot can't comply with your CCA Request then the debt will be unenforceable unless and until they can comply.

If the account was opened circa 1994 - 2000 you may have a long wait ahead

Don't forget to include the £1 postal order and send by Royal Mail Recorded Delivery.

Di

[The Tech Clerk]

CCA Request

[Freedom70]

CCA request received by Cabot 29/3/19...the countdown begins!

Now I need to work out how to colour code, and what each colour stands for!

[The Tech Clerk]

send copy of CCA to:- webmaster@all-about-debt.com no crossing out he will say if he feels it is unenforceable or not?

[Joanna Connolly Solicitors]

CCA request received by Cabot 29/3/19...the countdown begins!

I assume this means that Cabot have signed for your s77-79 CCA Request which you can see on the Royal Mail website (Track and Trace)?

If so, then print that out or take a screenshot as evidence in case you need to prove it at any stage further down the line if it's denied.


I expect you'll get a letter back from Cabot to say they'll be asking the original creditor (NatWest) for a copy and will write to you again.

The FCA Handbook CONC 13.1. 6 says that they're supposed to also tell you that in the meantime the debt is unenforceable >

https://www.handbook.fca.org.uk/hand.../?view=chapter

Di

[Freedom70]

Update 8/4/19

Received letter from Cabot dated 03/04/19: "Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update."

They then go on to remind me I owe £6950 and that I don't have an agreement in place with them, but they want to discuss an "affordable solution" :-)

[Joanna Connolly Solicitors]

I expect you'll get a letter back from Cabot to say they'll be asking the original creditor (NatWest) for a copy and will write to you again.

Update 8/4/19

Received letter from Cabot dated 03/04/19: "Unfortunately we currently do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update."

As expected.

It may well take some time (if ever) to get a credit agreement for a credit card opened somewhere around 1994 from NatWest

Di

[The Tech Clerk]

may they keep looking and give up

[Warwick65]

Hi
Just thought I would tell you how I deal with all mail I send and receive

Ok so I have a file for each account I have (don't ask how many)
Every letter I send or receive gets put in there, including any emails although I now do not recommend using email as a form of communication (there are exceptions such as sending an attachment saying please find x attached, a hard copy os in the post)

Then I scan every letter I receive (and send if written or save if done on the PC) to a file in a reputable cloud drive such as gmail or iCloud. I again have a folder for each account and name the files along the lines of 1) CCA request, 2) POD (proof of delivery) 3) Acknowledgment of CCA request 4) CCA received - you get the idea


This way I have three copies of every letter , a hard copy, one on my laptop and one in the cloud. When I got a claim (hopefully you won't) I was able to share the folder with Joanna Connolly and Di - that saved a whole lot of problems, they could see everything I had

Hope that ramble helps - I really should save it so I can just copy and paste it when I feel the need

[Freedom70]

Update 18/4/19

Letter received from Cabot dated 13/4/19

"We're still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request.

This means we are not permitted to obtain a judgement or decree against you in court"


YIPPEEE..


They go on to tell me the balance is still outstanding and they want me to contact them to set up a payment plan. I think I will wait until Nat West are able, or otherwise, to find any relevant information.


Thank you all for your help so far. As Di and The Tech Clark point out, hopefully it will be a long weight, and they give up :-)

[Freedom70]

Update 18/4/19

Letter received from Cabot dated 13/4/19

"We're still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request.

This means we are not permitted to obtain a judgement or decree against you in court"


YIPPEEE..


They go on to tell me the balance is still outstanding and they want me to contact them to set up a payment plan. I think I will wait until Nat West are able, or otherwise, to find any relevant information.


Thank you all for your help so far. As Di and The Tech Clark point out, hopefully it will be a long weight, and they give up :-)

[Warwick65]

Hi Freedom

That is indeed good news and long may it continue. I am , sadly a glass half empty kind of person so always try to expect the worst

What I am saying is to keep all letters and everything to do with this account and be prepared for cabot to send 'something' that they will claim fulfils their obligations. I have had, in the past in two days one letter saying they hadn't provided all the documents therefore UE and the following day a letter supplying exactly what they had sent before (so not everything) and to pay up. Needless to say I filed it away and I think they have now got the message- but I still have 10Gb of Google drive full of documents and letters- just in case

I hope that doesn't bring you down, its not intended to- I just see too many people thinking its all over when it may not be.

Even though all my debts are statute barred I still pick up the post everyday expecting a letter of claim

[Joanna Connolly Solicitors]

Letter received from Cabot dated 13/4/19

. . . . Thank you all for your help so far. As Di and The Tech Clark point out, hopefully it will be a long weight, and they give up

Can you just clarify who is the legal owner of this debt.

This should be clear from the Notice of Assignment if you were served with any.

Is it Cabot Financial Ltd or Cabot Financial (UK) Ltd or maybe MFS (Marlin Financial Services)? It matters.

Di

[Joanna Connolly Solicitors]

Letter received from Cabot dated 13/4/19

"We're still processing your request, we have contacted the original lender for the relevant information. As we haven't yet been able to provide you with the information you have requested, your Credit Agreement is unenforceable until we are able to reply to your request.

This means we are not permitted to obtain a judgement or decree against you in court"


YIPPEEE..


They go on to tell me the balance is still outstanding and they want me to contact them to set up a payment plan. I think I will wait until Nat West are able, or otherwise, to find any relevant information.


Thank you all for your help so far. As Di and The Tech Clark point out, hopefully it will be a long weight, and they give up

So did Cabot give up chasing you, or did they finally produce a credit agreement?

Di