Toots UE Diary

[Toots]

Have you sent the CCA received from MC to Niddy for checking? If not, send it, together with any original T&Cs to webmaster@all-about-debt.co.uk without blanking anything out, and link to this thread.

Hi, yes I did. Enforceable. I've just got my scanner sorted out so can send the T&Cs now. They're readable. T

[Toots]

Hi, letter arrived from Bank of Scotland (re DSAR), which arrived in an envelope with a Lloyds Banking Group return address on the back. They can't find my loan account with the number I have given them. This is the same as the one that Cabot have. They're asking for any previous Halifax bank accounts, date of birth, and previous addresses. What next? I'm a bit stumped. T

[Still Waving]

First it sounds like you quoted an account number in the SAR, which you ought not to have, as the SAR asks for all info they hold on you. Second, when an account is sold on, it's often the case that a new account reference is applied by the new owner. If this is the case with Cabot and you quoted their ref to BoS, they wouldn't have any knowledge of the new ref number.

You could give them DoB and any previous addresses since the loan was first taken out (and sign the letter, if you didn't previously).

[Toots]

First it sounds like you quoted an account number in the SAR, which you ought not to have, as the SAR asks for all info they hold on you. Second, when an account is sold on, it's often the case that a new account reference is applied by the new owner. If this is the case with Cabot and you quoted their ref to BoS, they wouldn't have any knowledge of the new ref number.

You could give them DoB and any previous addresses since the loan was first taken out (and sign the letter, if you didn't previously).

Thanks still waving, it's definitely the original account number, not the Cabot reference. I'll write back to them with other details if you think safe to do so. First letter was signed.

[Still Waving]

Thanks still waving, it's definitely the original account number, not the Cabot reference. I'll write back to them with other details if you think safe to do so. First letter was signed.

I find it odd that they say they have no record of you when Mortimer Clark were able to provide you with a copy agreement a couple of months ago. If it was bona fide they must have got it from someone in LBG.

[Toots]

I find it odd that they say they have no record of you when Mortimer Clark were able to provide you with a copy agreement a couple of months ago. If it was bona fide they must have got it from someone in LBG.

Yes my thoughts too. I've written to two companies in the LBG who don't have my details. I'll write back to BOS with further ID. T

[Roger]

Yes my thoughts too. I've written to two companies in the LBG who don't have my details. I'll write back to BOS with further ID. T

The Banking crisis created the BOS/LLoyds Group which rather rapidly was put together.
These were independant entities contracting in their own rights.
Just remember there is more to UE than the Agreement.
This is where the SAR becomes so important! You need to find out WHO Assigned the Debt and to which Cabot Company also the other various Consumer Act legal documents! Did the Mortimer Clark letter mention the Assignee?
Remember you just as interested in what is NOT in the SAR as to what is in the SAR!

[Toots]

The Banking crisis created the BOS/LLoyds Group which rather rapidly was put together.
These were independant entities contracting in their own rights.
Just remember there is more to UE than the Agreement.
This is where the SAR becomes so important! You need to find out WHO Assigned the Debt and to which Cabot Company also the other various Consumer Act legal documents! Did the Mortimer Clark letter mention the Assignee?
Remember you just as interested in what is NOT in the SAR as to what is in the SAR!

Thanks Roger. The first letter I got from Mortimer Clark said that the current creditor Cabot Financial (UK) Limited had been assigned on a certain date in 2018. All letters I'm getting direct from Cabot are from Cabot Financial (Europe) Limited. MC also say parties to the agreement are Lloyds Bank re AA. I wrote to Lloyds last year, but they couldn't find the account.

[Roger]

You will know that Cabot Financial (UK) Ltd are not FCA registered.
"..
8/11/21 letter received from Mortimer Clarke stating they do not have the requested documention, and have put the matter on hold until Cabot can find the credit agreement.

17/8/22 - heard nothing since.

16/12/22 - letter from Mortimer Clarke with the requested CCA enclosed, statement of account covering payments made 2005 through 2009 and nothing else after, plus a template of the default notice I would have been sent, but with no details on it including my name and address, account no. amount owed etc. Letter dated 12th Dec.
.."
Your Diary also has BOS
18/11/13 letter from Bank of Scotland advising that BOS are now managing the debt

".. 22/2/23
Hi, letter arrived from Bank of Scotland (re DSAR), which arrived in an envelope with a Lloyds Banking Group return address on the back. They can't find my loan account with the number I have given them. This is the same as the one that Cabot have. They're asking for any previous Halifax bank accounts, date of birth, and previous addresses. What next? I'm a bit stumped.
.."

Your mistake is quoting the A/c Number!!!

You want a DSAR from BOS of any DATA they hold on you! Don't refer to any account etc.. Your entry 18/11/2013 (ten years ago) contradicts their letter! Seems that records are missing!

The Template of the default Notice I would have been sent! Are you saying there was nothing in that Template? No amounts Dates, Default amounts pay by Date! No Bank Header Named just a empty Template?

[Toots]

You will know that Cabot Financial (UK) Ltd are not FCA registered.
"..
Your mistake is quoting the A/c Number!!!

You want a DSAR from BOS of any DATA they hold on you! Don't refer to any account etc.. Your entry 18/11/2013 (ten years ago) contradicts their letter! Seems that records are missing!

The Template of the default Notice I would have been sent! Are you saying there was nothing in that Template? No amounts Dates, Default amounts pay by Date! No Bank Header Named just a empty Template?

Thanks Roger, that's correct. There was no identifying information in the default template. It was a virgin template. No header. Nothing.

I've received another letter today from Bank of Scotland, but this time in an envelope with the return addess as Intelligent Finance in Livingston. The return address given on the letter itself is Bank of Scotland DSAR Team in Andover. It's exactly the same letter as the one I received a couple of days ago, just in a different envelope.

[Roger]

Thanks Roger, that's correct. There was no identifying information in the default template. It was a virgin template. No header. Nothing.
I've received another letter today from Bank of Scotland, but this time in an envelope with the return addess as Intelligent Finance in Livingston. The return address given on the letter itself is Bank of Scotland DSAR Team in Andover. It's exactly the same letter as the one I received a couple of days ago, just in a different envelope.

The Default Notice is a Legal and frankly complex Document.

Looking at your Diary : opened 2005 and Defaulted 2007
This is a long time ago !

You do not want to alert Cabot at this time to encourage them to put their ducks in a row.
Does their LETTER expressly state " the default notice I would have been sent "?
Their exact wording here is important!

Some homework here is also called for
Can you remember the purpose of this loan for AA?
Was it to pay off existing Debt? If so what Debt?

You can do no more than you have done.
Tactics are important and my advise is to wait to see what they do next!
If a Claim is received contact Colin G Quinn (initial interview is free) and refer back to your Diary!

[Toots]

The Default Notice is a Legal and frankly complex Document.

Looking at your Diary : opened 2005 and Defaulted 2007
This is a long time ago !

You do not want to alert Cabot at this time to encourage them to put their ducks in a row.
Does their LETTER expressly state " the default notice I would have been sent "?
Their exact wording here is important!

Some homework here is also called for
Can you remember the purpose of this loan for AA?
Was it to pay off existing Debt? If so what Debt?

You can do no more than you have done.
Tactics are important and my advise is to wait to see what they do next!
If a Claim is received contact Colin G Quinn (initial interview is free) and refer back to your Diary!

The exact wording is 'We enclose a copy of your credit agreement, statement of the account, and default notice.' The CCA is ok. The statement of account covers payments from 2005 to 2009 and having a closer look seems to have come from the same people that are telling me they can't find my details ie the original creditors (there's a header of a couple of words that gives it away). The default as I say is blank.

Yes, it was consolidation, and most likely for other credit cards/loans. I can't remember that far back which ones though. I couldn't access bank records for the time as the bank I was with at the time is another of my debts on the diary.

Also, I don't know if this make any difference, but Cabot said they owned the debt, not that they were acting on behalf of the creditor.

Ok, so I won't write again, and wait.

Much appreciated.

[Roger]

The exact wording is 'We enclose a copy of your credit agreement, statement of the account, and default notice.' The CCA is ok. The statement of account covers payments from 2005 to 2009 and having a closer look seems to have come from the same people that are telling me they can't find my details ie the original creditors (there's a header of a couple of words that gives it away). The default as I say is blank.

Yes, it was consolidation, and most likely for other credit cards/loans. I can't remember that far back which ones though. I couldn't access bank records for the time as the bank I was with at the time is another of my debts on the diary.

Also, I don't know if this make any difference, but Cabot said they owned the debt, not that they were acting on behalf of the creditor.

Ok, so I won't write again, and wait.

Much appreciated.

Well bring the diary up to date with this information.
Debt Consolidation can't be used to dress up a turd!
It raises the question as to whether the original debts were themselves Enforcible!! Obviously they dated before the loan was taken out in 2005!

Some home work here on your part will help if you can identify some of these debts repayments.

Don't worry about Cabot and Assignment other than NOTING that Cabot Financial (UK) Ltd are not FCA registered.

A Blank Default Notice from Cabot's Solicitors Mortimer Clarke on 16/12/22 . Could turn out to be the best Christmas Present sent in 2022.

In the last few years AAD advice has changed. Tactics have become a feature. These DAC's take over debts but without documents! So you do not want to encourage them to go looking for documents!

Sit on your hands no communication and see what they do next!

[Toots]

Hi all,

I've received a letter of claim over the weekend. What next? Colin?

[The Tech Clerk]

Colin G Quinn have a chat with him for starters.