Start of my diary

[Timewilltell]

I usually wait until the solicitor sends a letter or two before sending CCA letter.

[The Tech Clerk]

Standard template hopeful see what happens next

[Strepsi]

Type of Account: B of S Current Account
Date Commenced: ? Prior 2006
Approx Balance: £2000
Date last paid: Approx beginning of 2016
Are you on arrangement to pay or not paying: Not paying
Status (Default/ in arrears/ up to date): Default
Account Owner (DCA or Lender): HFUKH3L

As post above I have never CCA'd this current account. This is my first post regarding this debt, so no need to search through previous 42 pages...

This debt has been chased by Moorcroft, Wescott and CSL. In 2017 it was passed to Robinson Way by Halifax to act on their behalf.

I have had no contact with any of them.

Last week received Notice of Assignment from both Halifax (B Of S) and Hoist Finance UK Holdings 3 Ltd. As of yet no demand for payment, however they did include a nice a 15% discount offer.

I am aware that this account still hasn't had a history created, my plan is to do so in the coming week.

Anyway, as mentioned I have never CCA'd this account, I guess now would be the correct time to do so. Just received following letter...

"Your account remains unpaid despite attempts to contact you.

We have assessed your account and established that it meets our initial criteria to be considered for legal action...if you do not contact us within 10 days your account maybe transferred to Howard Cohen & Co"

They have given me until the 17th to contact them.

[Joanna Connolly Solicitors]

Which Arrow has same issue

Arrow Global (Guernsey) Ltd may have jurisdiction issues, which is a different legal argument.

Di

[Timewilltell]

https://register.fca.org.uk/shpo_searchresultspage?

[Strepsi]

sit and rejoice for this Cabot has no legal licence so JC and team will wipe the floor with them.

as for other which Arrow own it? As one of them have same issue as Cabot Uk.

Which Arrow has same issue as Cabot, interesting as I have a few of them?!

[Timewilltell]

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...

sit and rejoice for this Cabot has no legal licence so JC and team will wipe the floor with them.

as for other which Arrow own it? As one of them have same issue as Cabot Uk.

[Strepsi]

• Type of account TSB
• Date commenced 2005
• Approx balance 4000
• Date last paid Feb 2016
• Are you on arrangement or not paying?
• Status Defaulted September 2014
• Account owner Arrow

Just received letter from TSB/Arrow advising the debt is now owned by Arrow.

At the moment I haven't received CCA that was request in the first part of 2016. I have both letter and proof of delivery saved on my desktop.

I have loads of requests for payment from Moorcroft.

[Strepsi]

HAPPY NEW YEAR

I have replied to MCS ticking box D, think I got the form back to them just in time.

I have also sent a CCA (SWID) to Cabot.

There response

"Thank you for your request for information under sections 77-79 CCA. Unfortunately we do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update...

I have also sent a SAR to Halifax at the same time, there response.

"Thank you for your request for personal data we hold for you. We have not been able to process your request because your signature was missing from the request letter...
we need your signature in order to process your request. For your security and so that we can confirm your identity, would you please take your current passport or driving licence and a copy of this letter into a branch and they will be happy to take copies and certify them for you.

Please send the certified documents to the above address..."

Update to post 551

Received documents from Cabot in regards my CCA, didn't take that long. It looks different to what I received from the OC earlier in this journey. Also something that I noticed within documents that Colin (JC) alluded to in conversation.

[Strepsi]

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...

[Strepsi]

• Type of account Natwest (Mine)
• ?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...

[Strepsi]

Addendum to the original post around this debt.

9th March 2020, 18:53


Originally posted by Strepsi View Post received my SAR from Santander as requested to Santander.

The cover letter read as follows
"Further to your recent request... historical information can only be retained if there is legitimate reason for doing so. Therefore, some of the original account records may have been destroyed in line with our retention policy" (Can they do this?)




I do hope so

Because it they have destroyed some of your original account records, then any subsequent debt purchaser won't be able to get hold of them either.

Every cloud has a silver lining.

Di


Says who?

Is this a Letter of Claim?

If not then hold your horses.

Di

Hi Di,

Not a LBC.

I had to reply a few days ago, I have re-read the letter. They have advised within the letter that after 30 days the documents will be deleted off the portal...

[Joanna Connolly Solicitors]

Santander have never sold it, the solicitor is chasing on their behalf.

I envisage that their next step would be to send a LBC.

Should I send a letter asking/saying that as they aren't sending it is deemed unenforceable. They then send a LBC as I am sure they would still be able to...

Not really sure what to do as the vast majority of my/our debts are in the JC territory of assistance.

Nothing's changed

Let me know if/when DrydensFairfax send you a Letter of Claim.

There's nothing you need to do at this stage, and the potential for anything that you say or do could compromise your legal position.

Di

[Joanna Connolly Solicitors]

I have to reply by the 20th June.

Says who?

Is this a Letter of Claim?

If not then hold your horses.

Di

[Timewilltell]

Can I just add, that the amount is not the issue here, if they can not provide what they are legally required to do then it’s a legal law thing, the amount only comes relevant if they provide documents that meet with the requirement of the law, not only that the law requires more than a CCA then they have more worries than you. So sit back relax and wait for their move, as Diana explained to me, it’s a real world poker game, let them flinch first.