Debt 2019

[Debt2019]

Good morning,

have been having a read read through the forums and hoping for some help and advice to assist me. Brief background and then I will post separate for debts with info in this thread.

Many years back around 2008-2009 I became unemployed and into financial difficulty with a number of credit cards, unsecured loan and an overdraft. After defaulting I sought help from a debt support line and they provided advice only to offer token payments of £1 per month to all creditors. Fast forward 10 years and I’ve been paying 7 creditors in total £1 per month since.

as I have been making regular payments to keep the wolves from the door these are not statute barred. None of the debts show on my credit file any longer and haven’t for a few years. However I know should they wish to obtain a CCJ against me this would be shown on my file.

The debts have been passed to various DCA’s over the years. I have sent CCA requests to all except the overdraft as I am aware from some research the same rules do not apply to these.

An Egg credit card could not provide CCA over a year ago after passed to another DCA and I queried the account number being wrong to my records. I’ve had no contact with them since and no payments made.

I will post as much information as I can in comments below for each one however as they are from so long ago I am unsure of dates opened accounts and defaults as no longer on credit file.

I will gather as much info as possible over coming days. My main concern is a Mint card that is with Westcot although when CCA requested it was Cabot headed letters that responded. They have now sent me a CCA and T&C’s. I will forward these to the email address I have seen in other threads for some advice whether it is enforceable.

Any help greatly appreciated.

[Debt2019]

• MINT RBS credit card
• 2008
• £1600
• 2009
• £1 per month token payment
• Defaulted no longer on credit file but still paying
• Wescot (Cabot letters)
• CCA received March 2019 forwarded all correspondence to email for checking

[Right-a-wrong]

• MINT RBS credit card
• 2008
• £1600
• 2009
• £1 per month token payment
• Defaulted no longer on credit file but still paying
• Wescot (Cabot letters)
• CCA received March 2019 forwarded all correspondence to email for checking

Hi, and welcome, I’m sure someone with more experience will be along shortly to give you some helpful advice, but just to clarify one point you mentioned, Cabot OWN the Mint alledged debt, they have appointed Westcot to collect money on their behalf as Westcot are merely collection agents ‘acting on behalf of’. Good luck on your journey, you have definately come to the right place.

[Debt2019]

Thank you for that info, much appreciated.

could anyone advise on an up to date email address to send CCA documents to as the one I obtained from a previous thread has bounced undeliverable.

[Joanna Connolly Solicitors]

could anyone advise on an up to date email address to send CCA documents to as the one I obtained from a previous thread has bounced undeliverable.

Use webmaster@all-about-debt.co.uk

That should work

Di

[Joanna Connolly Solicitors]

I’ve replied to your PM.

Di

[Debt2019]

Thanks Di.

The letter from Cabot shows as Cabot Financial (Europe) Ltd as the address at top of headed letter.

I have another document they sent with various info on and some hand written notes which state “debt sold”. This also has printed debt sold to Cabot financial on 30/04/2017, but does not state UK or otherwise.

Thanks

[Joanna Connolly Solicitors]

I have sent CCA requests to all except the overdraft as I am aware from some research the same rules do not apply to these.

There is a new (yesterday) court judgement which rules that current account overdrafts are covered by s 78 CCA.

Read this post by Joanna Connolly >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

Di

[Joanna Connolly Solicitors]

Many years back around 2008-2009 I became unemployed and into financial difficulty with a number of credit cards, unsecured loan and an overdraft. After defaulting I sought help from a debt support line and they provided advice only to offer token payments of £1 per month to all creditors. Fast forward 10 years and I’ve been paying 7 creditors in total £1 per month since.

as I have been making regular payments to keep the wolves from the door these are not statute barred.

. . . .

I will post as much information as I can in comments below for each one.

I will gather as much info as possible over coming days.

Any help greatly appreciated.

It's been a while since you've posted on the forum - are you still paying £1 per month to each of these seven debts?

If so, are you now minded to check their enforceability which is not only about the credit agreement?

I look forward to helping you again when you're ready.

Di

[Debt2019]

Hi Di

taking my head out of the sand that’s been burying me for the past wee while.

cabot now own the majority of my debts I believe. End of the year they were sending letters threatening a local company would be coming to chap my door....they did indeed come to the door but left swiftly. Only a card left to contact them which I didn’t. I have not made any payments to the accounts since I last posted. All has went quiet on the rest of the accounts, however the Halifax overdraft has reared its head.

Letter from cabot over a week ago saying I had been selected for legal action and had 28 days to respond before it is passed to their solicitors to start proceedings for a SCD. Further letter today basically saying the same but counting down the days for me to when further action be taken.

I’ve paid token payments to this debt within the last few years. Part of me hopes it’s empty threats of legal action but my only other option at present is to wait for the solicitor letter and then try to pay it I think. Not sure how much after that I’ll can leave it without having to then deal with courts and making the situation even worse.

the only credit card they produced an agreement for was a mint credit card, I’ve had no further letters from them regarding this and been unable to get a firm answer if the agreement meets legal requirements to be enforced. Not sure where to go with that now.

I’m worried that they back me into a corner with the overdraft then go for everything they have all at once on me.

thanks for your reply in December, I need to get my head round dealing with this as it’s really getting to me now.

[Night Monkey]

Hi. Someone with more practical input than me will be along soon, but in the meantime know that you're in safe hands and will be guided through the next steps.

We've all been where you are, and I for one have learnt to enjoy the experience. I now look forward to the next post as every DCA letter is now a step on the way out of what was becoming a nightmare.

Good luck.

[Joanna Connolly Solicitors]

Hi Di

. . . the Halifax overdraft has reared its head.

Letter from cabot over a week ago saying I had been selected for legal action and had 28 days to respond before it is passed to their solicitors to start proceedings for a SCD. Further letter today basically saying the same but counting down the days for me to when further action be taken.

. . . Part of me hopes it’s empty threats of legal action but my only other option at present is to wait for the solicitor letter and then try to pay it I think. Not sure how much after that I’ll can leave it without having to then deal with courts and making the situation even worse.

. . . thanks for your reply in December, I need to get my head round dealing with this as it’s really getting to me now.

Hello - nice to see you're back

No need to let things get on top of you.

Let's start with those two Cabot letters. If they want to pass your account to their solicitors they will. However that doesn't necessarily mean you will end up in court!

Email both of them to me so I can see what's going on using di@joannaconnollysolicitors.co.uk

Which debt is this for or is it not posted on your thread? You've mentioned a Halifax overdraft but I can only see ex-Mint credit card debts.

Di

[Debt2019]

Thanks Di

ive sent them across via email.

much appreciated

[Debt2019]

thanks very much Night Monkey, appreciate your kind words.

Hi. Someone with more practical input than me will be along soon, but in the meantime know that you're in safe hands and will be guided through the next steps.

We've all been where you are, and I for one have learnt to enjoy the experience. I now look forward to the next post as every DCA letter is now a step on the way out of what was becoming a nightmare.

Good luck.

[Joanna Connolly Solicitors]

Thanks Di

ive sent them across via email.

I've received those, and replied

Di