Moonmonkey's Diary

[Kenny91]

06/09/2023 - so 2 and a half years of nothing - Cabot have sent a standard chasing letter for this debt. I am in the process of a mortgage application so im probably overthinking it.... is it still the case that I would need a letter before claim before anything bad can happen?

Out of interest, does your letter from Cabot say the debt is unenforceable?

Their most recent correspondence to me about an old Natwest CC now has the unenforceability in very small writing at the bottom of the letter, under their address and regulatory blurb. Very easy to miss.

They never fulfilled my CCA request 2.5 years ago and acknowledged this at the time, but still send letters and emails monthly.

K91

[The Tech Clerk]

they can ask , no CCA no case/ sit on hands.

[Sparkles]

Out of interest, does your letter from Cabot say the debt is unenforceable?

Their most recent correspondence to me about an old Natwest CC now has the unenforceability in very small writing at the bottom of the letter, under their address and regulatory blurb. Very easy to miss.

My PRA letters are like that - lots of big writing about how they can help me by setting up a payment plan and then under the contact us section at the very bottom in small writing it says it's unenforcable.

[Roger]

My PRA letters are like that - lots of big writing about how they can help me by setting up a payment plan and then under the contact us section at the very bottom in small writing it says it's unenforcable.

Thank you Sparkles because PRA's will be using template letters AND this is really useful information for other AAD Diarists to watch out for!!

[Moonmonkey]

Has this account been defaulted? If so when?

A default on your credit file may make it difficult to get a mortgage

yes default dropped off years ago - credit file is tip top now (who'd of thought) :-)

[Moonmonkey]

06/09/2023 - so 2 and a half years of nothing - Cabot have sent a standard chasing letter for this debt. I am in the process of a mortgage application so im probably overthinking it.... is it still the case that I would need a letter before claim before anything bad can happen?

Out of interest, does your letter from Cabot say the debt is unenforceable?

Their most recent correspondence to me about an old Natwest CC now has the unenforceability in very small writing at the bottom of the letter, under their address and regulatory blurb. Very easy to miss.

They never fulfilled my CCA request 2.5 years ago and acknowledged this at the time, but still send letters and emails monthly.

K91

I cannot wait to go home and check the letter - why would they print that on their letters !!!

[Still Waving]

I cannot wait to go home and check the letter - why would they print that on their letters !!!

Maybe because of this-

A creditor should
in no way mislead a debtor as to the
enforceability of the agreement - to do so
would be an unfair business practice and
would be highly relevant to a decision on
a creditor’s fitness to hold a credit licence
under the Act.

https://www.i-m-a.org.uk/wp-content/...oc-173%209.pdf

[Spud]

They wouldn't want to be misleading you but they certainly don't mind attempting to frighten you, This is unfortunately how DCA's work. Is it underhand?, Yes of course but why would they let that get in the way of business?

As other have said, Its all part of the game. You know better, play their game and win, You are in good hands

[Moonmonkey]

Thank you Sparkles because PRA's will be using template letters AND this is really useful information for other AAD Diarists to watch out for!!

doesnt say uneforceable on my letter :-(

[Roger]

doesnt say uneforceable on my letter :-(

Which Diary Debt are you refering to?

[Moonmonkey]

Which Diary Debt are you refering to?

Sainsburys - being chased by Cabot

[The Tech Clerk]

This One:- ???????

Originally posted by Moonmonkey View Post
Sainsburys Bank Personal Loan / Wescot

Agreement Start Date: 15/02/2008
Feb 20 Balance: £1539.86
Last Payment via Payplan: 15 Feb 2020 £137.10
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

09/03/2020 - Letter from Sainsbury's Bank Recoveries in Hull
Saying - "We need you to call us, before we can take the next steps"

What should I do?

23/03/2020 - Letter from Sainsburys bank dated 10/03/2020 sent to me muvvas - saying that they have passed the debt onto Wescot and refer to my arrangement through payplan - self managing now and withholding payment until i get an enforceable CCA.

23/03/2020 - Letter from Wescot dated 11/03/2020 again sent to me muvvas - saying that they have been passed the debt from Sainsburys and refer to my arrangement through payplan.

24/04/2020 - I offered them F&F of 10% awaiting response.

20/05/2020 - Letter from Wescot dated 5/5/2020 saying that they are looking into my request and account is on hold for now.

Feb 2021 - 6 month statement from Sainsburys bank

02/03/2021 - Cheque for 14 quid received from Sainsburys for not handling my situation between 2013 and 2017 - only had £1 in interest and charges hence the £14 cheque

30/03/2021 - Letter from Sainsburys - saying they have sold the debt to Cabot but will continue to be managed by Wescot - I see this as a good thing that Cabot have purchased the debt and still no sign of the CCA. Filed
Update 30/03/2021

[Roger]

This One:- ???????

Originally posted by Moonmonkey View Post
Sainsburys Bank Personal Loan / Wescot

Agreement Start Date: 15/02/2008
Feb 20 Balance: £1539.86
Last Payment via Payplan: 15 Feb 2020 £137.10
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

09/03/2020 - Letter from Sainsbury's Bank Recoveries in Hull
Saying - "We need you to call us, before we can take the next steps"

What should I do?

23/03/2020 - Letter from Sainsburys bank dated 10/03/2020 sent to me muvvas - saying that they have passed the debt onto Wescot and refer to my arrangement through payplan - self managing now and withholding payment until i get an enforceable CCA.

23/03/2020 - Letter from Wescot dated 11/03/2020 again sent to me muvvas - saying that they have been passed the debt from Sainsburys and refer to my arrangement through payplan.

24/04/2020 - I offered them F&F of 10% awaiting response.

20/05/2020 - Letter from Wescot dated 5/5/2020 saying that they are looking into my request and account is on hold for now.

Feb 2021 - 6 month statement from Sainsburys bank

02/03/2021 - Cheque for 14 quid received from Sainsburys for not handling my situation between 2013 and 2017 - only had £1 in interest and charges hence the £14 cheque

30/03/2021 - Letter from Sainsburys - saying they have sold the debt to Cabot but will continue to be managed by Wescot - I see this as a good thing that Cabot have purchased the debt and still no sign of the CCA. Filed
Update 30/03/2021

At one time we have sent the Sold Whilst In Dispute (because Sainsbury outstanding S.78 request) !
Plus Admission that figures were wrong! Which points to errors doesn't it with Default Notices.

SILENCE and refer any resposne from Wescot/ Cabot back to here!

[Pat]

At one time we have sent the Sold Whilst In Dispute (because Sainsbury outstanding S.78 request) !
Plus Admission that figures were wrong! Which points to errors doesn't it with Default Notices.

SILENCE and refer any resposne from Wescot/ Cabot back to here!

I would be inclined to agree because very often when a debt is sold, the creditor will only source documents for a set period of time- maybe 3 months, maybe 6 who knows. But if you say anything while they can still ask Sainsbury it could be bad for you.

I am curious, you didn't really explain the life changing sum of £14. Was this because they charged you interest AFTER they defaulted you or something else. I can't see reference to an admission the figures (and hence maybe) the DN were wrong.

[Roger]

I would be inclined to agree because very often when a debt is sold, the creditor will only source documents for a set period of time- maybe 3 months, maybe 6 who knows. But if you say anything while they can still ask Sainsbury it could be bad for you.

I am curious, you didn't really explain the life changing sum of £14. Was this because they charged you interest AFTER they defaulted you or something else. I can't see reference to an admission the figures (and hence maybe) the DN were wrong.

02/03/2021 - Cheque for 14 quid received from Sainsburys for not handling my situation between 2013 and 2017
(Notice Cheque sent NOT applied to account!)

23/03/2020 - Letter from Sainsburys bank dated 10/03/2020 sent to me muvvas - saying that they have passed the debt onto Wescot and refer to my arrangement through payplan - self managing now and withholding payment until i get an enforceable CCA.

Dosen't mention Default NOTICE but by March 2020 was on a payplan! Pointing to a closed and frozen Account!

These penitential payments were common at one time from the various Banks and sent to debtors AFTER the Accounts had been closed and more often had been sold.
AAD has many instances!
Details given were vague BUT these nontheless had been CCA regulated accounts and clearly the payments were/are intended to reduce the Acount balance! BUT this can't be done on a closed Account!