Unenforceable Diary

[sezzalenny]

Yes the time scales were followed and the SAR was supposed to be 2/3 weeks after the first letter to Cabot - which is this week.

The letter from Cabot says we are still processing your request, we have contacted the original lender for the relevant information. As yet we can't provide the information.

So as it says they have contacted Tesco -I should send the SAR anyway?

Thank you for your help

[Joanna Connolly Solicitors]

The letter from Cabot says we are still processing your request, we have contacted the original lender for the relevant information. As yet we can't provide the information.

So as it says they have contacted Tesco -I should send the SAR anyway?

That's what I thought Cabot's letter would say. They're now trying to source the credit agreement from the original creditor which is why the debt is unenforceable. It may take them a while or they may never manage to find it or reconstitute it

I wouldn't send a SAR to Tesco at this point but that can't really be decided until you reply to your other thread about the Letter Before Claim issue.

Di

[sezzalenny]

Can anyone please help with the updated information below - I’m not really sure where to go from here as it’s an overdraft


QUOTE=sezzalenny;n1368112]Re: Unenforceable Diary

Actually I remember that I'm not supposed to upload a copy....

The letter says....you will appreciate it is your responsibility to have funds available for the transactions you have instigated.....I can see it hasn't been credited since....letters have been sent about need to repay......I assume you quote various legislation in order to imply the charges and interest are unlawful....this is not the case
Mention of legal proceedings in 2007 between them and office of fair trading....

In summary the disputed charges were properly applied and the outcome of the legal proceedings confirms our position

With these points in mind we have taken every reasonable step to contact you....please contact us to prevent it being passed to third party

Although not the answer you were hoping for, I trust you will understand why we will not be upholding your complaint



Letter dated - 8th June 2018 - We have sold your account to Cabot Financial UK Limited. They are now the owner of the account. They own the personal information associated with the account. It was sold on 23rd May 2018
Cabot Uk Letter
26.06.18
29.07.18
19.08.18
15.09.18
30.09.18 - if we dont hear from you we will appoint a solicitor

23.10.18 - Mortimer Clark - we need to talk to you about the debt owed to Cabot Uk - contact us within 30 days or we will start court proceedings - we need to hear from you by 22nd November

Form included - need more info/dispute debt etc - Any help or advise gratefully received :0)[/QUOTE]

[sezzalenny]

Hey guys, would anyone be able to have a look at this issue with my overdraft or point me in the direction of where best to look - thank you

[sezzalenny]

Ok.....so think its best to resend the overdraft CCA to Cabot UK and then return the solicitors letter just before the cut off date saying that I am waiting for more information. Might buy some time at least! :0)

[Joanna Connolly Solicitors]

, would anyone be able to have a look at this issue with my overdraft or point me in the direction of where best to look

Can you signpost the full history of this debt because I can't see it on your thread. It's hard to comment without knowing the backstory.

Di

[sezzalenny]

this is pretty much all I have.....

HSBC -overdrafts - held since July 95
2500 outstanding
Status DMP
Transferred to DMP 13/02/2010
last part payment 11/06/2010
Sent a CCA letter to them - not the overdraft letter
23rd July 2015- letter received to say postal order returned and they need me to call to provide an upto date signature.
19th August 2015 - Letter recieved to say they contacted payplan and if I don't contact they will pass to a debt recovery agent
6th jan 2017 - final demand letter
9th march 2017 - we need to speak to you about your debt letter
29th march 2017 - we need to speak to you about your debt letter
22nd April 2017 - we would like to offer a 30% settlement discount letter
31st may 2017 - your account is being referred to Wescot
4.6.17 0 Wescott letter - working on behalf of HSBC
6.7.17 - wescott letter working on behalf of HSBC
16.06.17 - wesvott letter - working on behalf of HSBC
4.7.17 - wescott letter - working on behalf of HSBC
5.12.17 - CSL Letter - wow want to work with you
27.12.17 - CSL - we are trying to find SL
5.1.18 - CSL letter - we are working with HSBC
29.jan.18 - CSL - we still want to money
16.02.18 - we will accept 1286
CCA overdraft letter sent in May
The response was a version of this
..you will appreciate it is your responsibility to have funds available for the transactions you have instigated.....I can see it hasn't been credited since....letters have been sent about need to repay......I assume you quote various legislation in order to imply the charges and interest are unlawful....this is not the case
Mention of legal proceedings in 2007 between them and office of fair trading....

In summary the disputed charges were properly applied and the outcome of the legal proceedings confirms our position

With these points in mind we have taken every reasonable step to contact you....please contact us to prevent it being passed to third party

Although not the answer you were hoping for, I trust you will understand why we will not be upholding your complaint

Letter dated - 8th June 2018 - We have sold your account to Cabot Financial UK Limited. They are now the owner of the account. They own the personal information associated with the account. It was sold on 23rd May 2018
Cabot Uk Letter
26.06.18
29.07.18
19.08.18
15.09.18
30.09.18 - if we dont hear from you we will appoint a solicitor

23.10.18 - Mortimer Clark - we need to talk to you about the debt owed to Cabot Uk - contact us within 30 days or we will start court proceedings - we need to hear from you by 22nd November - form included with the letter

[Joanna Connolly Solicitors]

HSBC -overdrafts - held since July 95
2500 outstanding
Status DMP
Transferred to DMP 13/02/2010
last part payment 11/06/2010
Sent a CCA letter to them - not the overdraft letter
23rd July 2015- letter received to say postal order returned and they need me to call to provide an upto date signature.
19th August 2015 - Letter recieved to say they contacted payplan and if I don't contact they will pass to a debt recovery agent
6th jan 2017 - final demand letter
9th march 2017 - we need to speak to you about your debt letter
29th march 2017 - we need to speak to you about your debt letter
22nd April 2017 - we would like to offer a 30% settlement discount letter
31st may 2017 - your account is being referred to Wescot
4.6.17 0 Wescott letter - working on behalf of HSBC
6.7.17 - wescott letter working on behalf of HSBC
16.06.17 - wesvott letter - working on behalf of HSBC
4.7.17 - wescott letter - working on behalf of HSBC
5.12.17 - CSL Letter - wow want to work with you
27.12.17 - CSL - we are trying to find SL
5.1.18 - CSL letter - we are working with HSBC
29.jan.18 - CSL - we still want to money
16.02.18 - we will accept 1286
CCA overdraft letter sent in May
The response was a version of this
..you will appreciate it is your responsibility to have funds available for the transactions you have instigated.....

. . . . . Although not the answer you were hoping for, I trust you will understand why we will not be upholding your complaint

Letter dated - 8th June 2018 - We have sold your account to Cabot Financial UK Limited. They are now the owner of the account. They own the personal information associated with the account. It was sold on 23rd May 2018
Cabot Uk Letter
26.06.18
29.07.18
19.08.18
15.09.18
30.09.18 - if we dont hear from you we will appoint a solicitor

23.10.18 - Mortimer Clark - we need to talk to you about the debt owed to Cabot Uk - contact us within 30 days or we will start court proceedings - we need to hear from you by 22nd November - form included with the letter

Unless I've misunderstood (correct me if I have) you sent HSBC a s 77-79 CCA Request in June 2015. Their response was to ask for your signature. They didn't say the CCA Request was inappropriate since the debt was an overdraft.

Nearly three years later (May 2018) you sent HSBC this forum's CCA Overdraft Template Letter. HSBC appeared to have treated it as a complaint. They rejected your 'complaint' in a lengthy letter.

A month later they assigned your account to Cabot Financial (UK) Ltd.

You have not responded/replied to any letters from Cabot so unsurprisingly they have instructed Mortimer Clarke solicitors to issue legal proceedings which is why they've sent you a Letter Before Claim..

If I've got that scenario right then I see no harm in you sending Cabot a s 77 - 79 CCA Request since they may not know whether the debt was an overdraft, loan or credit card - at least not without contacting the original creditor (HSBC) which takes time.

You can then send back the LBC to Mortimer Clarke (before deadline 22nd November) ticking Box D (I dispute the debt) saying that Cabot have not complied with your CCA Request and enclose a copy of it.

Unless I have completely misunderstood your thread update

Di

[sezzalenny]

Thanks Diane, thats pretty much it. Just to confirm - Do I send a standard CCA request or the CCA overdraft letter?

[sezzalenny]

Diana Mayhew Just getting the 77-79 CCA letter ready and I see on the letter from Mortimer Clarke that it states the type of account was a current account. Do you think that the 77-79 CCA letter is still the best to send?

Thank you for looking