Cabot sensitive team

[Ash5896]

Nightwatch your question about proof of when they said they will get a court order unfortunately I don’t as it was over the phone. I’ve taken your advice and stopped answering their calls and have changed settings on the account only to be contacted in writing.
Before finding this forum I did resend them the up to date medical evidence but I’ve not heard back since. That was via email but I’m not holding my breath. Is it possible to send you a copy of the medical evidence privately if it helps?

[nightwatch]

Hi Ash, please don't send me anything personal at the moment, let's get all the ducks in a row.
we advise never to discuss over the phone unless you can record the call, they are recording you "for training" but normally so they can use it as proof of what you say,
what they forget is it can be used as "compliance".
they have rules that must be complied with for legal reasons, if they are found to be breaking those rules they can loose their FCA licence, or be heavily fined.
Many people don't know or realise that a complaint can be made about a company's conduct, or like yourself don't have any proof.

so another reason for in writing only.

Get those CCA's off and let's see what comes back.

[AlasPoorYorick]

_______________________

I imagine a DCA having a 'sensitive support team' is about as likely as a shark 'having a day off' !

And that made me laugh, the DCA saying "Please may we ask why you would like copies of the original agreements for the accounts."

Um, y'know, because there's this little thing called "un-enforceability" !

Be hopeful, Ash, what the DCA said "We can confirm that we are unable to obtain agreements for all of your accounts, due to the age of them.", there's the hope right there.

(And kudos, of course, to AAD members for freely helping Ash in this, his hour of need.)

_______________________

[Ash5896]

I didn’t know about any of these rules and regulations it’s all new to me. I think I’ve come to a point now where I’ve had enough.
I really appreciate all the advice I’ve been given.

[Ash5896]

For the s77 request do I need to send an individual letter and £1 fee for each account or can I just send one letter with all the account details?

[nightwatch]

best to keep them all seperate so one for each account and seperate letters xx

[Ash5896]

Great, thanks for that.

[AlasPoorYorick]

For the s77 request do I need to send an individual letter and £1 fee for each account or can I just send one letter with all the account details?

Somebody more knowledgeable/experienced had best answer your question, but my GUESS is that you would need to send an individual letter and £1 fee for EACH account.

And remember to keep copies of EVERYTHING you send (& receive), even if the copy you make is just a snapshot made with your mobile phone.

And generally be as careful & meticulous as possible. Double-check everything carefully before you send it out.

And AVOID talking to DCAs on the phone. They are sharks, and will use any trick in the book to extract money from you.

And try not to worry too much. What they said "We can confirm that we are unable to obtain agreements for all of your accounts, due to the age of them." puts you in a stronger position than you might have originally realised.

Best of luck to you.

_________________________

[The Tech Clerk]

keep each case/company separate and send one to each with the £1 fee, keep all copies of everything and file in order send Recorded Delivery and attached to the request the signature off Royal mail Tracking and original posting copy, make sure a diary for each case on here so as to save confusion and update as and when

[Ash5896]

I will do thanks

[The Tech Clerk]

CCA Request

[Joanna Connolly Solicitors]

Two of the credit cards were taken out between 1996 and 2003. One is a loan from 2008 and the other was an overdraft
The original accounts were with Halifax and I recall they did provide all the credit agencies about not paying the debts.
Is there anything more I can do

Once you've sent the s77-79 CCA Requests you will feel you've taken control of the situation instead of the situation (Cabot) controlling you.

Cabot has already told you they don't have the credit agreements informally (by email) now they will have to face their formal statutory obligations.

If they can't/don't comply with your request within 14 working days the debts will become unenforceable in law.

Furthermore, the FCA Guidance CONC 13.1.6 says they have a duty to tell you that > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

Were all of these debts originally with the Halifax (I just want to double-check before I say anything else)?

Di

[Warwick65]

Hi Ash

I just thought I would post because I can empathise with you and your predicament - I started a DMP way back in 2008 ,long before I had heard of UE and over the next 3 years paid back best part of £10,000 to the creditors . In 2011 I lost my job and my DMP went down to £1 per creditor per month. I was also told (falsely) that the DMP provider would send a CCA request to prove I owed the debt. I was also diagnosed with depression and GAD , so much so that I could not even go to busy shops without having a full blown panic attack.

Anyway moving on I started sending my own CCA requests, with the £1 to all my creditors (more than 25 can you believe). This was a big expense out of my ESA). and some came back saying there was no credit agreement and others sent ones which were good and others ones that were bad. I stopped payments and only one took me to court . this was for £5K and Jo, Di and team sorted that for me- we had our day in court and the wonderful Tom Brennan worked his magic all round.

Anyway- this was how I managed my debts

I set up files in a drawer at home and put every letter received (with its envelope attached and the date received written on. I also included a copy of every letter sent.

Then on my laptop I set up a cloud drive- I used google drive because it was free but there are others such as dropbox, icloud (great if you have a mac) bt cloud(not my favourite). I then scanned (you could take photos if you don't have a scanner) every letter that arrived and also included copies of every letter sent, I named them starting with a number and fate and a brief description e,g 1-271119 CCA Request, 2) 301119 cca acknowledgement 3-15112019 cca response do you get my drift. In there i also included any letters I already had. I admit it became a full time job for a few months but it kept me busy . This way I had 3 copies, the physical hard copy, a copy on my pc and a copy in the cloud - if my house burnt down with my PC in it, I still had a copy (nothing like catastropising).


All my debts are now long since statute barred, I have not had a letter (apart from Santander sending an annual statement) for a year or more.

My only downside is it has taken me a long time to be able to get credit again at a reasonable rate but I now have a B credit card , a John Lewis one and an AQUA at a stupid interest rate that is free to use when away (abroad).


I hope my ramble helps and shows it can be done - my aim now is not to let it get out of hand.

[Ash5896]

Hi Di

Two of the debts are with Barclaycard, one was originally a Goldfish card taken out on 1994 and I think it changed hands a few times before it went to Barclays. I can’t recall the 2nd Barclaycard of when it was opened.
The second two are with Halifax one was a loan and the other was a current account with an overdraft and they are all wit Cabot now.
I’m in hospital for a day on Tuesday for some root blocks and if it all goes well I will get them all sent off this week.

Ash

[nightwatch]

Hubby had a goldfish card, don't think anyone has the original paperwork for them,
we asked for the CCA in 2011, never got anything back, never paid from that date, never heard anything again.
Barclays were very poor at keeping paperwork, so I think you have 2 that are UE before you get a reply from your CCA request on them.