dwj2112's UE Diary

[dwj2112]

Re: dwj2112's UE Diary

Hi Plan B,

Thanks for responding so promptly. Should have posted that I sent to Niddy in the diary. Yes he had a look at it and it was enforceable.

I last made a payment in August 2012 so it won't be statute barred for a while yet. Not sure what you mean by recon. Will email you copy of the letter now and give you the link for the CCA.

Thanks

[PlanB]

Re: dwj2112's UE Diary

Should have posted that I sent to Niddy in the diary. Yes he had a look at it and it was enforceable.

. . . . Will email you copy of the letter now

That Shoosmiths letter is undoubtedly a LBA. The deadline is 3rd December.

I see from your Diary post that you sent a CCA request to BOS in January 2013. You now say that Niddy deemed it enforceable.

However Cabot probably won't know that so I'd be tempted to send them a new CCA request and see what comes back. If nothing else that will stall for time. They shouldn't issue legal proceedings while there is an outstanding s.78 CCA request.

I would also send a copy of that CCA request to Shoosmiths with a one-liner letter.

Leave my suggestion for a few hours in case Niddy comes along with different ideas.

Who actually owns this debt? Is it Cabot as per your thread posts or is it Marlin Financial Services Portfolio as per the solicitors' letter? The CCA may be enforceable but that doesn't necessarily mean they've got the assignment issues all sewn up.

Plan B x

[PlanB]

Re: dwj2112's UE Diary

I've had a word with Jo since my last post and she agrees that you should send a new CCA request to Cabot to see what they've got, or hopefully what they've not got

Can you also email a copy of the CCA response that you got from HBOS in February 2013 with the covering letter which came with it (I couldn't open the link you sent me).

Plan B x

[dwj2112]

Re: dwj2112's UE Diary

Who actually owns this debt? Is it Cabot as per your thread posts or is it Marlin Financial Services Portfolio as per the solicitors' letter? The CCA may be enforceable but that doesn't necessarily mean they've got the assignment issues all sewn up.

Plan B x

Thanks Plan B. The letters are from Cabot Financial but they appear to be part of the Marlin Group. Their address for correspondence says "Cabot Financial (Marlin) Ltd."

Just sending you an email with the documents and will hold off doing anything else until you have a look at them. The letter from HBOS was quite strong and basically telling me not to mess about!

[PlanB]

Re: dwj2112's UE Diary

sending you an email with the documents and will hold off doing anything else until you have a look at them.

Email and attachments arrived safely.

Send a new CCA request to Cabot asap.

Send a copy of it to Shoosmiths solicitors asap.

In the meantime we'll run forensics over the documents that HBOS sent you in February 2013.

Plan B x

[dwj2112]

Re: dwj2112's UE Diary

Thanks, will do.

[Deepie]

Re: dwj2112's UE Diary

Email and attachments arrived safely.

Send a new CCA request to Cabot asap.

Send a copy of it to Shoosmiths solicitors asap.

In the meantime we'll run forensics over the documents that HBOS sent you in February 2013.

Plan B x

Thanks, will do.

Good luck ....

[dwj2112]

Re: dwj2112's UE Diary

That's the CCA request sent to Cabot Financial (Marlin) and a copy to Shoosmiths. Will let you know when i get a reply.

[dwj2112]

Re: dwj2112's UE Diary

Finally got round to updating all my diary entries with the surge in recent activity. It's almost 2 years since I started using this forum and I really appreciate the help I have received from many of you, particularly Plan B and Niddy.

I started off with 8 debts totaling over £52,000. With the help of this forum, 2 of them (Debts Number 6 and 8 in the diary - totaling £14,000) have now been completely written off !!!

There's still another £38,000 to deal with, and there's been a few stressful moments, but I'm getting on top of it and no longer afraid of the consequences with all the support I have received.

Thank you.

[dwj2112]

Re: dwj2112's UE Diary

Just a quick update. Nothing to report - heard nothing from Shoosmiths or Cabot Financial since sending the CCA request at the end of November. So I guess no news is good news :-)!

[Pixie]

Re: dwj2112's UE Diary

Just a quick update. Nothing to report - heard nothing from Shoosmiths or Cabot Financial since sending the CCA request at the end of November. So I guess no news is good news :-)!

Yes it is. Let's hope you're waiting even longer.

[Never-In-Doubt]

Re: dwj2112's UE Diary

Just a quick update. Nothing to report - heard nothing from Shoosmiths or Cabot Financial since sending the CCA request at the end of November. So I guess no news is good news :-)!

They're in default so cannot enforce....

[dwj2112]

Re: dwj2112's UE Diary

Hi All,

DEBT 6

• Type of account Opus Credit Card (formerly Citicard)
  
  
• Date commenced 17/04/2007
  
  
• Approx balance £4,028.69
  
  
• Date last paid August 2012
  
  
• Status File Closed
  
  
• Account owner Lowell Portfolio I Ltd.

03/06/13 Letter received from Lowell Portfolio I Ltd. asking for urgent contact regarding payment.
08/06/13 CCA request sent to Lowell Portfolio I Ltd.
13/06/13 Letter received from Lowell asking me to get in touch.
18/06/13 Letter received from Lowell stating they are in the process of locating my CCA.
19/06/13 Letter received from Lowell stating they are in the process of locating my CCA.
28/06/13 Letter received from Lowell stating they are trying to retrieve my CCA.
08/07/13 Letter received from Lowell stating they are still trying to retrieve my CCA.
05/08/13 Letter received from Lowell stating they can't find my CCA and are closing my file (unless the CCA comes to light at some point in the future)!
24/12/13 Letter received from Lowell stating that as "a gesture of goodwill and strictly without admission of liability" they are prepared to close the account and write-off any outstanding balance.
YIPPEE!!

Could anybody clarify this for me? The above debt was written off 3 years ago - see above. All i ever did was write to them for my CCA and they never found it. They wrote the debt off - letter actually said:

"After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability, we are prepared to close the account and write-off any outstanding balance."

I heard nothing since, but have now received a Notice of Intent to file a default from Opus the original creditor due to non payment of debt. They apologise for not giving me the normal 28 days warning because of a "systems error" . They further say that although they didn't send me a filing notice and a Default Notice previously, they believe that the default was filed correctly etc, etc, etc.

I don't care too much, but surely if they wrote off a debt without me asking them too, then they can't now file a default.

[Spud]

Re: dwj2112's UE Diary

Although they say "Close the account and write off any remaining balance" In reality what they have done is adjusted the balance to nil and will not be asking you to make payment ( Because they have made a commercial decision based upon the U/E status and likely cost of continued litigation v probable return) - They sometimes do this with accounts with little prospect of success

The debt still stands and as such they are free to report its status as per normal

In reality, You won but keep that letter very safe just in case

[Roger]

Re: dwj2112's UE Diary

Although they say "Close the account and write off any remaining balance" In reality what they have done is adjusted the balance to nil and will not be asking you to make payment ( Because they have made a commercial decision based upon the U/E status and likely cost of continued litigation v probable return) - They sometimes do this with accounts with little prospect of success

The debt still stands and as such they are free to report its status as per normal

In reality, You won but keep that letter very safe just in case

But dwj2112's says that its Opus (the original creditor) are filing a default? But didn't they assign the debt/account to Lowell Portfolio I Ltd?
I would be interested to know how Opus can do this when they are nolonger the owners.