Cabot sensitive team

[Ash5896]

Thanks Nightwatch
so even though Goldfish changed owners would they need the original agreement from Goldfish? Sorry for the questions.
its Halifax that I don’t really like they are the worst ones I dealt with when I became disabled. They honestly didn’t care whatsoever. I just wish that I’d researched all this before. The lady who set up all the payments for me from CAB was great but getting an appointment with them is really difficult. Ona plus I’ve had so much great info from you guys in a few days and I can’t thank you guys enough

[nightwatch]

Yes they need the original agreement, T&C from original date of taking out,& t&C from when sold on.
plus they would need to prove all assignments, they were is where somefall down.
Barclaycard, have a problem as some of their files were destroyed, my Barclycard loan suddenly didn't exist, a payment was returned as not known in 2008 and was never paid again.
none of the 4 accounts we had with them have a CCA.

[Ash5896]

That sounds like a plan let’s hope the same happens with mine

[Joanna Connolly Solicitors]

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

Are the two Halifax debts owned by Cabot Financial (UK) Ltd who are not authorised by the FCA to issue legal proceedings? The letters you receive may come from a different company within the Cabot Group, but the assignment will clarify who actually owns it.

The Halifax overdraft wil also be covered by your CCA Request although I woud expect Cabot to write back and say it isn't.

Jo explains it here >

The Cabot group of companies have issues with their assignment process and documentation, as was shown in our recent cases of MFS Portfolio V Phelan & West. We won this case at appeal, following days of argument and counter argument. Part of the judgment confirmed our position both on assignment and that personal account overdrafts are subject to the regulatory framework of the Consumer Credit Act, including S.78 CCA 1974.

The judgment, however, was not all in our favour. The Circuit Judge ruled in favour of MFS Portfolio on a point relating to the use of servicing agents to avoid authorisation by the Financial Conduct Authority under the para 55 FSMA 2000 servicing exemption which we believed to be wrong. However, as we had won the appeal for our client, we were unable to appeal this judgment to the Court of Appeal.

We did however 2 months later obtain another Circuit Judge decision in the Idem Capital Securities Limited case that debt purchasers who are not authorised cannot issue proceedings in the county court regardless of whether there is a para 55 FSMA 2000 servicing agreement in place. Idem did not appeal the judgment.

We currently have other cases going through the courts, which will hopefully obtain binding decisions both on lack of authorisation by the Financial Conduct Authority and other issues too.

f you are currently defending a claim with a Cabot company, whether stayed or ongoing, or Cabot have obtained a Default Judgment against you and you have any query please post any queries on this thread..

Are the other two credit cards (ex-Goldfish and Barclaycard) still with Barclaycard or have they been assigned to a debt purchaser such as Hoist Portfolio?

It's important to send the requests to the right business.

Di

[Ash5896]

Hi
Apologies for the long delay in responding back. After my nerve root blocks my back pain became totally unbearable and was stuck in bed for a while. To add more to a dire situation my mom was diagnosed with stomach cancer at stage 4 and passed away 2 weeks after being diagnosed.
They say bad luck really does come in threes. About 4 weeks ago I had a call from my GP telling me to stop taking one of medications immediately and come and see them the following morning. It turns out the Amitriptyline I’ve been on since 2006 should not be taken alongside my Oxynorm and OxyContin which could be fatal or you could end up with serotonin syndrome. As you could imagine this was quite scary. This is something that has only been ruled now after a coroners ruling after someone’s death due to them taking these meds. I’m now being weaned off amitriptyline over the next 6 weeks and it will be replaced with Gabapentin or pregablin, both which I’ve been prescribed prior to amitriptyline but on a higher dosage than before.
Anyway enough of the bad. On the 27th last week I had 4 letters arrive through the letterbox from Cabot. I thought great and was just going to bin them bit left them without opening them. Later in the evening when my partner returned home from work she opened them and came upstairs to tell me that they’ve written off all the debts.

To say I was shocked would be an understatement. I still can’t believe it and keep on thinking it may be a wind up. The last paragraph says they will update my credit report where the accounts are reported to show the account is partially satisfied with the balance showing nil. I don’t think these accounts are on my credit report now as the arrears started nearly 10 years ago now.
i really am grateful for all the advice on here and am glad I joined the forum. Having everything tumble down over the last couple of months at least one bit of good news. I can hopefully get back to normality now without having Cabot chasing me for reviews and calling all the time.
once again thank you to everyone for their input. I will continue with my membership here it’s the least I can do.

Ash

[The Tech Clerk]

just a template letter no doubt one letter fits all, check to make sure on CRA file as some have re-appeared some people say, but if all clear keep letter safe

[nightwatch]

Hi, sorry to hear about all the health issues and the loss of your Mum,

At least you have the goodnews about the debts.

I wish you a Very happy new year and hope your health improves, with out the hassle of the DCA's.

Best wishes NW xx

[Ash5896]

Thank you Nightwatch and Techclark, I honestly could t believe it as they have just caused me so much stress over the years.
Im definitely keeping all the letters same they’ve sent 4 one for each account. The last 2 years have been awful with losing both mom this year and dad last year. I’m so grateful to you guys too and I hope if there are other people in the same situation as me they get their situation resolved. Thank you again and wishing everyone a happy and prosperous 2020.

[cymruambyth]

I’m very sorry to hear about your terrible year. Hopefully these letters from Cabot will herald the beginning of a happier time for you.

[Ash5896]

I noticed today on my credit file Cabot carrried out a credit check on me before they write off the debts and then a few days later another search was done by Arrow Global. Is it possible they may have passed the debt onto Arrow Global?

[nightwatch]

I doubt it, even if they have you have the letters from Cabot saying the accounts are written off, did you have any more debts with anyone else?

[Ash5896]

Hi Nightwatch

I had one with Mercers which was for a loan with HSBC and an MBNA card that’s was with .Capquest but I’ve not sent anything off to them yet as I’ve got no details apart from the reference numbers on the standing orders. Mercers have never reviewed the accounts and capquest did one about 2 years ago.
I’m paying token payments to them again since 2010 these were set up by CAB. They’ve been on a standing order since. I lost a lot of the paperwork when we moved house but I updated my address on the electoral register and all the banks at the time.

[nightwatch]

then it is probably for one of them, you can expect a letter from them anytime, they check CRA files to get new address, then send out letters to see if it's you, (or not)
don't worry about it, just post on here IF/ when anything turns up.

[Ash5896]

Thanks Nightwatch,

if I hear anything from them I’ll post here. Shall I make them aware of my health issues and provide the evidence or ask for the agreements? These are debts again which I defaulted with the same time as the Cabot ones.

[nightwatch]

Post what they send to you, if they do, so we can see if it needs replying to.
they most probably want to look at you upping your " Charitable donation" to their CEO bank account.
Depending on what they say, and what you want to do, we can see a way forward from there.