Cowbopper UE Diary

[Ballister]

The steps set out by Roger work well if you can afford the services of JCS. However the OP has said he doesn't have the funds to mount a legal challenge should he receive a claim. Therefore he has to try to avoid a claim arriving at all costs even though this might mean MC looking harder for a valid CCA agreement. Each person/debt is different and there sometimes isn't a 'one size fits all ' approach.

[Timewilltell]

Roger you will not find them as I have not had a need to present them thus far.
Followed simple advice and it has worked, hence why I don’t understand why the ‘old’ way doesn’t work?

[Roger]

It’s been a little while since I posted. Today I’ve received another letter before action from
MC. The last time they sent was in 2019, and the matter was placed on hold pending CCA and SAR which were never responded to and now their trying for round 2.

my assumption is to go through the same as before or does anyone recommend a different approach given that they never responded last time around??

history of the debt in question listed below.

thanks


4. HSBC CREDIT CARD ACCOUNT 2

Approx. 2009
Balance 4800
Date of last full payment: October 2012
Default: Aug 2013
Stopped paying DMP in June 2018
Account Owner: Cabot Financial UK Limited or Europe (unclear)
ACTIONS:
Await SAR

23/05/2014: Metropolitan offer accepted of payment via DMP
21/11/2017: HSBC confirming sale of account to Cabot Financial (UK) Limited
11/08/2018: Cabot your repayments are in arrears letter
01/09/2018: Cabot welcome letter
18/09/2018: Cabot please contact us letter
04/10/2018: Cabot please contact us letter
12/10/2018: Cabot Statement of account
22/10/2018: Cabot please contact us letter
08/11/2018: Cabot please contact us letter
06/12/2018: Cabot We've traced you to this address letter
07/01/2019: Cabot please contact us letter
16/02/2019: Cabot please contact us letter
03/03/2019: Cabot threat of legal action
21/03/2019: Cabot referring to Mortimer Clarke
22/03/2019: Mortimer Clarke send Pre Action letter
29/03/2019: CCA request made
03/04/2019: CCA acknowledged and confirmed action ‘on hold’
20/05/2020: SAR sent to original creditor
22/03/2021: refund of charges app £350 (account mismanaged)

No further communication

Had to track this down! It really is better if the Diary is in front of US. First Mortimer Clarke are part of Cabot!
NO NEED TO TELL CABOT ABOUT THE OUTSTANDING CCA REQUEST. The Danger is clearly admitting the debt and restarting the Statute Bar Clock! Effectively giving them another 6 years from May 2023!
I presume you have a copy of that SAR to HSBC? and evidence of postage? Either recorded or receipt of proof of Postage!
In which CASE resend copy of that SAR plus evidence by recorded delivery receipt of postage.
If Nothing is forcoming report HSBC to Regulator!

As for CABOT look carefully at their letters and especially Mortimer Clarke for the Cabot Financial UK Limited are NOT liscensed by FCA.
Just query AAD you will find many instances in other diaries of Cabot, Mortimer Clarke and Cabot Financial UK Ltd.

The NOT Licensed is a complex legal argument and frankly best left to @JLS Also they are bang up to date on Current Law especially CASE Law and even more so on Legal Tactics.

At one time with LBC AAD advised requesting a list of Documents etc..
BUT @JLS advised NOT to do this, if they are going to claim better to be in a strong position as you clearly were, than giving them the oppurtunity to strengthen their position.

I think you have made a mistake, understandable, but you may well have restarted the Statue Bar Clock.
Better NO communication and certainly NO engaging in a legal ping pong.

As for Timewilltell please give a link to your Diary entries for the benefit of AAD

[Timewilltell]

The reality is these people are not stupid, if you raise a legitimate defence and they can’t answer it they will not proceed. Well that’s been my experience with 10 chasers so far!!

[Timewilltell]

I had a similar situation, received the questionnaire with LBC letter, filled it in to say defend, then wrote a one sentence letter- i refer you to letter dated xxxxxx. Never heard anymore.

[cowbopper]

You didn't answer my recent question - was the MC letter one with a multi-page questionnaire attached (ie the pre-action protocol letter)?

Yes. The dreaded multi page questionnaire.

the advice was on here.

[Still Waving]

The advice I received previously was to CCA, followed by a SAR.
MC sent a pre action in 2019, and I did a CCA then.

This was before you joined AAD then?

[Still Waving]

I was following advice that I received previously on here when legal action lands, but I hear what your saying. I want to stave off the legal action where possible, as I cant afford the solicitor bit when it inevitably turns up.
The advice I received previously was to CCA, followed by a SAR.
MC sent a pre action in 2019, and I did a CCA then. This was never responded to and MC wrote to me to say the account was On Hold until Cabot responded to the CCA, which never happened.
Rightly or Wrongly I've sent the letter, and we shall see what they play next.

You didn't answer my recent question - was the MC letter one with a multi-page questionnaire attached (ie the pre-action protocol letter)?

[cowbopper]

I was following advice that I received previously on here when legal action lands, but I hear what your saying. I want to stave off the legal action where possible, as I cant afford the solicitor bit when it inevitably turns up.
The advice I received previously was to CCA, followed by a SAR.
MC sent a pre action in 2019, and I did a CCA then. This was never responded to and MC wrote to me to say the account was On Hold until Cabot responded to the CCA, which never happened.
Rightly or Wrongly I've sent the letter, and we shall see what they play next.

[Sparkles]

I agree with Still Waving, why point out what they need to correct?

[Still Waving]

Have written to MC as follows

You have previously confirmed (dated XXX 2019) that the legal action on this alleged account is on hold following a request under the consumer credit act to your client. This request has not yet been complied with and remains outstanding. I trust that at present, the matter continues to be on hold until such time as obligations of your client are fulfilled.

I think that was a mistake. My advice was NOT to contact them, but at the end of the day the choice is yours. But why point out where they are in default and encourage them to get their act together?

Have you sent a new SAR to HSBC?

[cowbopper]

Have written to MC as follows

You have previously confirmed (dated XXX 2019) that the legal action on this alleged account is on hold following a request under the consumer credit act to your client. This request has not yet been complied with and remains outstanding. I trust that at present, the matter continues to be on hold until such time as obligations of your client are fulfilled.

[Roger]

SAR was sent as a collective for a number of accounts held with HSBC. never received a response to this.
No idea what caused them to refund charges, I understand a few people received these around the same time.

As pointed out elsewhere this is a CCA 74 Account(s)
The Bank isn't a Charity and the inference is the debt(s) has been overstated (ie default notice)
It would be for a Claimnant to prove otherwise!
The SAR never turned up which is a disgrace!

[cowbopper]

What happened between 03/04/19 and 20/05/20 to cause you to send a SAR at that point?
What happened between 20/05/20 and 22/03/21 to cause them to refund you?

SAR was sent as a collective for a number of accounts held with HSBC. never received a response to this.
No idea what caused them to refund charges, I understand a few people received these around the same time.

[Still Waving]

29/03/2019: CCA request made
03/04/2019: CCA acknowledged and confirmed action ‘on hold’
20/05/2020: SAR sent to original creditor
22/03/2021: refund of charges app £350 (account mismanaged)

No further communication

What happened between 03/04/19 and 20/05/20 to cause you to send a SAR at that point?
What happened between 20/05/20 and 22/03/21 to cause them to refund you?