Start of my diary

[Strepsi]

• 15th July 2018, 09:27
  Salisbury's asking me to contact them in relation to SAR. have you contacted them?
  
  seems these companies may/have been trying to supply all that you ask for and only that and not all as required, I have told another company the letter request ask for ALL held - end of:- to include any Human Written Intervention, one company has resisted and a complaint to ICO ( if any good by reports) regarding issues of non compliance with request, and another company state cannot find any details of old HP and say could not have had one with them! yet a garage states they were HP company at that time, we cannot help you BUT as always ring us? cost monies to get same complaint
  result? tick tick time is running out for them!
  
  Last edited by The Tech Clerk; 15th July 2018, 09:57.
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  Westham1
  AAD Loyalist
  • Join Date: Dec 2015
  • Posts: 157
  
  #359
  15th July 2018, 09:40
  Originally posted by Strepsi View Post
  2nd July 2018, 13:19
  Originally posted by Diana MayhewView Post
  
  Which just shows that accounts opened after 2007 (your Sainsburys credit card was from 2013) can still be unenforceable in some instances
  
  Di
  
  SAR request sent as advised by Di
  
  Letter received 14th July from Sainsbury's.
  
  Sainsbury's asking me to contact them in relation to SAR.
  
  Currently with Cabot UK, letters beginning to get a little more threatening.
  
  
  They probably want your email address so they can send the SAR by email.

Other than the SAR I have had no contact and nor do I. Does this not create an impasse and I don't end up receiving requested info.

[Strepsi]

• 15th July 2018, 09:27
  Salisbury's asking me to contact them in relation to SAR. have you contacted them?
  
  seems these companies may/have been trying to supply all that you ask for and only that and not all as required, I have told another company the letter request ask for ALL held - end of:- to include any Human Written Intervention, one company has resisted and a complaint to ICO ( if any good by reports) regarding issues of non compliance with request, and another company state cannot find any details of old HP and say could not have had one with them! yet a garage states they were HP company at that time, we cannot help you BUT as always ring us? cost monies to get same complaint
  result? tick tick time is running out for them!
  
  Last edited by The Tech Clerk; 15th July 2018, 09:57.
  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
  
  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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  Westham1
  AAD Loyalist
  • Join Date: Dec 2015
  • Posts: 157
  
  #359
  15th July 2018, 09:40
  Originally posted by Strepsi View Post
  2nd July 2018, 13:19
  Originally posted by Diana MayhewView Post
  
  Which just shows that accounts opened after 2007 (your Sainsburys credit card was from 2013) can still be unenforceable in some instances
  
  Di
  
  SAR request sent as advised by Di
  
  Letter received 14th July from Sainsbury's.
  
  Sainsbury's asking me to contact them in relation to SAR.
  
  Currently with Cabot UK, letters beginning to get a little more threatening.
  
  
  They probably want your email address so they can send the SAR by email.

Other than the SAR I have had no contact and nor do I. Does this not create an impasse and I don't end up receiving requested info.

Apologies if this all seems a little unclear. But I am doing from phone and my phone or site doesn't allow me to edit/quote posts.

[The Tech Clerk]

it stays an outstanding request! they do know the rules! see what they do, others no problem through the post . a SAR request is that if they are trying to picky then their problem! if you contact then is your choice of course!

[nightwatch]

does the letter say why they need you to contact them?? have you changed address or name , it could be the can't find you or want to confirm it is you who is requesting the information.

[The Tech Clerk]

did you send say council tax copy and passport or similar?

[Roger]

I presume that Sainsbury's have written to you? So your address is known isn't it!
Niddy's Blog on GDPR / SAR recommends sending copies of two items of proof
1/ Say a Driving Licence ( or something similar - Passport?)
2/ A Utility Bill within the last three months.

Now I would be tempted to simply send copies of items consistent with 1/ and 2/ with a brief note that I await delivery of the SAR within 30 days.

[Strepsi]

If I send info as mentioned in previous two posts ( which I wasn't aware you needed to do). Does that mean that you are admitting you own the debt.

Or is that a separate issue?

Think I could get be getting confused...

[nightwatch]

If I send info as mentioned in previous two posts ( which I wasn't aware you needed to do). Does that mean that you are admitting you own the debt.

Or is that a separate issue?

Think I could get be getting confused...

That is a seperate issue, all you are doing is asking for whatever information they have about you in their records, you give an account number as ease of referance only, no where do you say My account number, just the above account number,

simples xxx

[Strepsi]

[QUOTE=Strepsi;n1496710]Type of Account: – Halifax Credit Card
Date Commenced: 1/10/13
Approx Balance: £2300
te 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): CSL


CCA Sent then received back 12th May 2016. (Been informed via Niddy - that this is Enforceable)

Had loads of letter from Moorcroft, Halifax and Westcot.

23/5/2017 - Notice of Instruction CSL

We are a specialist DCA who have been instructed to collect the above outstanding debt owed to Halifax...

12/6/2017 - Notice of further action

We are disappointed to note that we have not received a response to our previous letter...


Letter received from Halfax and Cabot (Same Envelope) 16th July

Received yesterday regarding wife's Credit Card with Halifax.

"We are writing to notify you that Halifax has assigned all of its respective rights, title and interest in respect above referenced account (including the outstanding 2018 balance) to Cabot Financial (UK) Limited part of the CE Credit Management Group, effective

The total balance sold was as at the date of sale . Any payments made towards your Halifax - Credit Card account after will be forwarded to Cabot Financial (Europe) Limited the Cabot Credit Management Group), and will be deducted from the balance shown above.

Under the terms of this assignment, and as defined in the Data Protection Legislation, Cabot Financial (Europe Limited, is now the Data Controller of your Personal Data contained in the records of this account.

Cabot Financial (Europe) Limited has been appointed by the Cabot Credit Management Group to manage yc account and it is essential that all future payments and correspondence regarding this account be directed tc Financial (Europe) Limited at:

Cabot Financial (Europe) Limited

PO BOX No. 241

West Mailing, Kent, ME19 4NA

Telephone: 0345 0700 116

Please contact Cabot Financial (Europe) Limited to discuss repayment of your account based on your financi circumstances."

[Roger]

Well starting with the Current Creditor

1/ Cabot Financial (UK) Limited FCA Licence Lapsed (print off and store following)
http://fca-consumer-credit-interim.f...w?accId=472690

2/ I note you have Overdraft & Credit Card are these separate or have they been amalgamated? The CCA seen by Niddy was this on the Credit Card only?

3/ At the moment wait and see what Cabot do next.

[Strepsi]

Well starting with the Current Creditor

1/ Cabot Financial (UK) Limited FCA Licence Lapsed (print off and store following)
http://fca-consumer-credit-interim.f...w?accId=472690

2/ I note you have Overdraft & Credit Card are these separate or have they been amalgamated? The CCA seen by Niddy was this on the Credit Card only?

3/ At the moment wait and see what Cabot do next.

We do have an overdraft which is separate, this is for card only. Just noticed that it does say overdraft and card, will alter.

[Strepsi]

[QUOTE=Strepsi;n1512456]
Well starting with the Current Creditor

1/ Cabot Financial (UK) Limited FCA Licence Lapsed (print off and store following)
http://fca-consumer-credit-interim.f...w?accId=472690

Can I ask how relevant this is, for sake of argument, if all my debts were owned by a company that their licenced had lapsed, should I be getting excited?

[Roger]

[QUOTE=Strepsi;n1512457]

Well starting with the Current Creditor

1/ Cabot Financial (UK) Limited FCA Licence Lapsed (print off and store following)
http://fca-consumer-credit-interim.f...w?accId=472690

Can I ask how relevant this is, for sake of argument, if all my debts were owned by a company that their licenced had lapsed, should I be getting excited?

The question is what rights do they nolonger have. These are set out on the FCA page here. Lapsed 28/02/2015

Consumer credit business	Entering into a regulated credit agreement as lender; and exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement.	Inactive		28/02/2015
Credit brokerage	Credit broking Or Credit broking limited to credit intermediation	Inactive		28/02/2015
Debt administration	Debt administration	Inactive		28/02/2015
Debt collecting	Debt collecting	Inactive		28/02/2015
Debt-Adjusting on a Commercial Basis	Debt adjusting on a commercial basis	Inactive		28/02/2015

Niddy started a BLOG precisely on Cabot and Cabot Financial (UK) Limited and reading through that Blog should answer your questions.
Starting here https://www.all-about-debt.co.uk/for...ts/33536-cabot

[Strepsi]

8th December 2017, 22:11
Originally posted by Strepsi View Post
Type of Account: Tesco CC - Wife
Date Commenced: 17/10/2013
Approx Balance: £4315
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): Moorcroft

5/5/2017 Reply to CCA Request

We acknowledge receipt of your letter requesting a copy of your credit agreement.

However, in line with our client's that we are obliged to follow and in order to ensure that your data remains protected, all credit agreement requests must be hand signed...we would ask that you hand sign the request and resend.
Catch up...

It has now been passed on to Robinson Way, CCA'd last week, information received this morning. Going to send received information to Niddy.

Going to let Niddy take a look, but would it be strange to see a bit of my information (where I 'signed') within my wife's agreements?

Cheers

Hi

I'm a bit confused. You say in post #284 - (you are not including full history in your updates, it will be helpful if you would) - that you CCA'd RobWay and received something which Niddy says is enforceable. Now you have a letter from Robway forwarding your request to their client.
Sorry won't let me add to post from my phone.

"Anyway had reply from Niddy saying above is enforceable. Copied his reply...

The Credit agreement for my wife, didn't have her signed agreement it contained mine.

This is where Niddy refers to "Nope, can't see one.

"Nope. Can’t see one.

Anyway if it’s 2013 then you cannot utilise s.127(3-6) so it’s enforceable.

You’d be depending on default / termination / harassment issues if they issued a claim.

Niddy"

How do I fight this, not sure what Niddy is refering to"

Was what you received per post #284 in response to your recent CCA request to Robway, or from something earlier? Also it's not usual for a DCA to request documents from their client and at the same time ask for repayment proposals within 30 days.


#284 Confused - where did I say I wasn't including full history?

I think what may have happened is Tesco supplied the agreement quicker than Robinson Way provided their correspondence. (The most recent one).

With regards Moorcroft request, this was my first attempt at Cca they were wanting a signature.

Does that make sense?

So the 30 days?

Tesco Card Letter Dated May 2018
We refer to your Tesco cc which was held at most recent address...we have decided to transfer (sometimes called assign) all of our rights in connection with your account to another company. Lowell portfolio I ltd has appointed Lowell financial ltd to manage to your account on their behalf.

Lowell Portfolio I Same date May 2018
We are Lowell portfolio I, a specialist debt purchaser...this letter is intended is to give you formal notice that your outstanding account with Tesco cc was sold and assigned to Lowell portfolio I on the (same date as letter from Tesco)

July 2018Lowell
We are yet to agree repayment plan...

July 2018 Lowell
We have to still agree a repayment on Tesco cc
Assessing your account for legal action...if you do not contact us we'll rely on information available to us, such as the information on your credit file, to understand your financial situation. This will help us decide whether to take legal action to recover this debt.

[Roger]

Tesco had previously supplied a CCA but if Lowell get jumpy you could send them another CCA

In the meantime you need a GDPR SAR on Tesco which will be interesting as this will be for YOU and not your Wife!

Probably makes sense to send Proof with the Recorded delivery GDPR SAR for 2018
1/ Copy of say a Passport or Driving License
2/ A Utility Bill within the last three months


Lowell portfolio I Ltd is FCA licensed