Start of my diary

[Roger]

Cheers for all the replies.

It is a really small amount (450ish) relatively speaking. Too small for any Jo Connolly defense.

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.

This was my thinking in my early days before coming to AAD. Wanted to sort things out get them settled out of the way.
But let them do the worrying. Silence really is the best stance here.
Wait and see what happens next! They know, have admitted that they haven't sent you the CCA!
Why send you a LBC and NOT send you a CCA?

File and wait and see what they send next.

[Strepsi]

If you sign in on that website - with a reference to your ACCOUNT with them - then this is recorded. Else why would you go to their website?
One thing to visit and snoop another to log on!

This remains UE until they send you (and the onerous I suggest is on them to send it to you! as a Consumer Right under the Law) a CCA.

Cheers for all the replies.

It is a really small amount (450ish) relatively speaking. Too small for any Jo Connolly defense.

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.

[Roger]

No-one should have to log into a website in order to get the CCA they have requested. Supposing you don't have email, smart phone, PC. Even if only one person in the country doesn't, it's still an important issue.

Cabot are another outfit that think all their "customers" should login to "their" online "account". Rubbish. Whether it restarts the SB clock or not, doesn't matter, just don't do it. It might be an idea to add a line to the CCA request template advising that the reply must be sent by post as no other means of communication can be guaranteed.

If it is an actual legal requirement that they should send it by post then all that need be done is to remind them of this obligation in the template.

The possible danger is that by behaving like this the creditor might be preventing the individual the possibility of having the CCA declared UE by Niddy. It is important to know if the agreement is UE and nothing should be allowed to stand in the way of that.

If you sign in on that website - with a reference to your ACCOUNT with them - then this is recorded. Else why would you go to their website?
One thing to visit and snoop another to log on!

This remains UE until they send you (and the onerous I suggest is on them to send it to you! as a Consumer Right under the Law) a CCA.

[The Tech Clerk]

No. CCA no enforcement

[MisterK]

No-one should have to log into a website in order to get the CCA they have requested. Supposing you don't have email, smart phone, PC. Even if only one person in the country doesn't, it's still an important issue.

Cabot are another outfit that think all their "customers" should login to "their" online "account". Rubbish. Whether it restarts the SB clock or not, doesn't matter, just don't do it. It might be an idea to add a line to the CCA request template advising that the reply must be sent by post as no other means of communication can be guaranteed.

If it is an actual legal requirement that they should send it by post then all that need be done is to remind them of this obligation in the template.

The possible danger is that by behaving like this the creditor might be preventing the individual the possibility of having the CCA declared UE by Niddy. It is important to know if the agreement is UE and nothing should be allowed to stand in the way of that.

[Warwick65]

I am not convinced logging into a website acknowledges the debt so I wouldn’t worry about that.

I think the still need to provide the documents .

I think when Roger says the CCA way, he may have had one sherry too many and intended to say the AAD way. I tend to agree with that, partly because if you email, they email back wanting to know age, DOB, inside leg measurement etc.

I tend to agree with NW

If you absolutely felt you needed the last letter in the chain, write back saying you will wait until they can provide details by post

[Roger]

*Addendum
I have to reply by the 20th June. Not sure how to proceed?

Well I should sit down with a good book say WAR and PEACE take you about what 6 years to read that until they send you by Post a EN CCA which by CCA74 they are bound by Law to do.

The CCA way is NO emails, sms, phone calls, and certainly NOT loginin to their web site by using your reference Id ?
(They pick up that web site activity and its you acknowledging the debt and restarting the Status Barred Clock! )

They are in default of your CCA Request (plus £1 which they admit receiving when they sent it back!)
Read WAR and PEACE!

[Strepsi]

Just received a letter advising that they have my agreement but they aren't able to send owing to Covid19. Apparently I have to log on to their customer portal.

Surely not?!

*Addendum
I have to reply by the 20th June. Not sure how to proceed?

[nightwatch]

if they can send you a letter to ask you to "log IN" then they could send you the CCA. If not they should say they will send when able to.

[The Tech Clerk]

no their problem = letter arrived but cannot put CCA in it? heard it all now, what kindergarten are they in and regulators (non) allow such companies??

[Strepsi]

Received letter from Dryden's

"We refer to the above matter and confirm receipt of your correspondence, the content of which has been noted.

Your account has been placed on temporary hold while we contact our client with detail of your query.

We will inform you of the outcome as s response is received from our client.

Furthermore, please see attached the postal order, you have provided to our office. This is no longer required when requesting a copy of the original Credit Agreement."

They have sent back the postal order which was made out to Santander, when I CCA'd Santander they returned it as it didn't have Santander written on it! Also returned is my letter for CCA request.

Just received a letter advising that they have my agreement but they aren't able to send owing to Covid19. Apparently I have to log on to their customer portal.

Surely not?!

[Joanna Connolly Solicitors]

Hi, Di I thought it was clear it was my morals around this debt - you put me straight!!

As soon as I received letter my thinking has changed, completely.

Payment now stopped, funny I smiled when it was Cabot financial UK...

Glad I was able to put you straight on the difference between a moral argument and a legal argument.

Hold that thought

Have you heard anything new from Cabot Financial (UK) Ltd?

Di

[Strepsi]

I've only just seen this post - sorry I overlooked it.

Just to clarify, it was you who felt morally obliged to pay Ikea for the kitchen loan not me, especially when there are potential issues with the actual lender who appears not to be UK based

You may take a different moral approach now that the debt is owned by Cabot Financial (UK) Ltd who are not authorised by the FCA to issue legal proceedings.

It now becomes a legal argument not a moral argument.

Are you still paying?

Di

Hi, Di I thought it was clear it was my morals around this debt - you put me straight!!

As soon as I received letter my thinking has changed, completely.

Payment now stopped, funny I smiled when it was Cabot financial UK...

[Joanna Connolly Solicitors]

I was going to stop the payments and then when the time was correct send letter (for example CCA requests).

Di and myself have had conversation regarding this debt and 'my' morals associated with it, hence the payment aggreement and length of

I've only just seen this post - sorry I overlooked it.

Just to clarify, it was you who felt morally obliged to pay Ikea for the kitchen loan not me, especially when there are potential issues with the actual lender who appears not to be UK based

You may take a different moral approach now that the debt is owned by Cabot Financial (UK) Ltd who are not authorised by the FCA to issue legal proceedings.

It now becomes a legal argument not a moral argument.

Are you still paying?

Di

[Strepsi]

First post regarding this IKea.

We made a kitchen at Ikea. Had an arrangement to pay £1.00 a month for the past 3 years(ish)

Account defaulted in August 2014.
Outstanding balance £2182

Received a letter last week that the account has now been sold Cabot Financial (UK) Ltd, specifically the original debt was owned by Ikano Bank AB (publ).

Hi,

I accept that this won't now SB'd any time soon.

I was curious to best course of action, as I understand that their (Cabot UK) licensed has lapsed. I was going to stop the payments and then when the time was correct send letter (for example CCA requests).

Di and myself have had conversation regarding this debt and 'my' morals associated with it, hence the payment aggreement and length of.

Cheers