Originally posted by Strepsi
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Originally posted by Strepsi View PostJust received from Hoist with regards CCA request, an envelope full of statements, no other information.
Also a letter enclosed advising that account remains on hold, still waiting further information.
You say the last payment was at the beginning of 2016 so you're now in the final months before the debt may become Statute Barred.
Time to hold your breath
Is the Default date still showing on your CRA file or is their a slim chance the account was defaulted before that last payment?
Di
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Originally posted by Strepsi View Post
Updated
Just received from Hoist with regards CCA request, an envelope full of statements, no other information.
Also a letter enclosed advising that account remains on hold, still waiting further information.
Hi Strepsi
This is a RBS current account? Did you have an arranged personal overdraft on the account? S.78 CCA requests are still applicable with personal account overdrafts as HHJ Walden Smith found in a case our firm defended MFS Portfolio Ltd v Phelan & West.
Howard Cohen from experience will try to say that they do not have to provide a copy of whatever documentation you signed and/or received at the time but that is wrong.
Legal Disclaimer
I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.
If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.
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Originally posted by Joanna Connolly View Post
Hi Strepsi
This is a RBS current account? Did you have an arranged personal overdraft on the account? S.78 CCA requests are still applicable with personal account overdrafts as HHJ Walden Smith found in a case our firm defended MFS Portfolio Ltd v Phelan & West.
Howard Cohen from experience will try to say that they do not have to provide a copy of whatever documentation you signed and/or received at the time but that is wrong.
According to the statement their does appear to be an overdraft.
Cheers
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Originally posted by PlanB View Post
You say the last payment was at the beginning of 2016 so you're now in the final months before the debt may become Statute Barred.
Time to hold your breath
Is the Default date still showing on your CRA file or is their a slim chance the account was defaulted before that last payment?
Di
I aren't sure on default date, but I seem to think the account was defaulted before we made our last payment.
March 2022 is SB month (I think?)
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Originally posted by PlanB View Post
You say the last payment was at the beginning of 2016 so you're now in the final months before the debt may become Statute Barred.
Time to hold your breath
Is the Default date still showing on your CRA file or is their a slim chance the account was defaulted before that last payment?
Di
"Further to your recent contact in relation to your account we have now completed our investigation. Unfortunately, despite our attempts, we have been unable to source the additional information we required from your original creditor to fully resolve your dispute however should we receive this in the future we will provide it to you...
We have placed your account on hold for 14 days to allow you sometime to look at how you would like to manage your account. If we haven't heard from you during this time, we'll contact you again"
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Originally posted by Strepsi View PostUpdated...
"Further to your recent contact in relation to your account we have now completed our investigation. Unfortunately, despite our attempts, we have been unable to source the additional information we required from your original creditor to fully resolve your dispute however should we receive this in the future we will provide it to you...
Or to put it another way "we haven't got your credit agreement so can't comply with your s77-79 CCA Request"
Yay!
Di
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29 June 2020, 22:36
This is a different post - not a duplication- Type of account Natwest
- Date commenced 2013
- Approx balance 4000
- Date last paid Feb 2016
- Are you on arrangement or not paying?
- Status Defaulted Sep 2014
- Account owner Cabot Financial (Uk) Ltd
First form of any communication for years from Natwest. I am relieved that it is finally being sold.
Received letter in same envelope advising that debt has been sold to Cabot Financial UK Ltd. The letter makes it very clear that Cabot UK are the legal owners.
Just sit and wait I guess...
Updated
Not a great deal being happening, but received letter advising that Resolvecall will be paying me a visit at some point....I guess will need to send another letter.
As yet still haven't CCA'd this account.
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do not waster another letter, if they turn up they leave a calling card and go, cost cabot to pay local field hopeful for calling, mostly scare tactics, what ever you do not speak to them, only if need to be polite ! never admit or deny,I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
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Originally posted by Strepsi View Post29 June 2020, 22:36
This is a different post - not a duplication- Type of account Natwest
- Date commenced 2013
- Approx balance 4000
- Date last paid Feb 2016
- Are you on arrangement or not paying?
- Status Defaulted Sep 2014
- Account owner Cabot Financial (Uk) Ltd
First form of any communication for years from Natwest. I am relieved that it is finally being sold.
Received letter in same envelope advising that debt has been sold to Cabot Financial UK Ltd. The letter makes it very clear that Cabot UK are the legal owners.
Just sit and wait I guess...
Updated
Not a great deal being happening, but received letter advising that Resolvecall will be paying me a visit at some point....I guess will need to send another letter.
As yet still haven't CCA'd this account.
Im with warwick65 regarding your cca request. Hold on to that till the absolute last gasp. As for resolvecall a letter wont stop them if they plan to visit. If they do. Just say sorry no thanks dont want to speak with you. please leave, and have a nice day job done. good luck
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Balance £4300
Defaulted: Date not sure.
Royal Bank of Scotland
A mysterious one this one....
I know that it has been CCA'd.
As received this letter dated October 2016.
Thank you for your letter received on the September 2016. I can confirm and advise the following.
1. Apex Credit is an agency collecting on behalf of our client, RBS, who remaining the creditor of the above account.
2. Your request for information under the CCA 1974 is required to be made directly to the client.
Further to the above, please find the enclosed £1.00 Postal Order.
Unfortunately back in 2015/16 I was a bit of an Ostrich and lots of debt stuff got 'filed'. So don't have any other information than this. Only had the one letter relating to chasing this debt.
20th May 2023
Just received letter from Global Debt Recovery, chasing above amount. Have to reply within 14 days, otherwise escalated to collections department!
This is well and truly SB’d and Cabot also weren’t authorised.
Next action please?
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Originally posted by Strepsi View PostBalance £4300
Defaulted: Date not sure.
Royal Bank of Scotland
A mysterious one this one....
I know that it has been CCA'd.
As received this letter dated October 2016.
Thank you for your letter received on the September 2016. I can confirm and advise the following.
1. Apex Credit is an agency collecting on behalf of our client, RBS, who remaining the creditor of the above account.
2. Your request for information under the CCA 1974 is required to be made directly to the client.
Further to the above, please find the enclosed £1.00 Postal Order.
Unfortunately back in 2015/16 I was a bit of an Ostrich and lots of debt stuff got 'filed'. So don't have any other information than this. Only had the one letter relating to chasing this debt.
20th May 2023
Just received letter from Global Debt Recovery, chasing above amount. Have to reply within 14 days, otherwise escalated to collections department!
This is well and truly SB’d and Cabot also weren’t authorised.
Next action please?
History please.Last edited by Still Waving; 20 May 2023, 13:25.
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Diary?
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
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