Start of my diary

[The Tech Clerk]

what did they send you back? a proper agreement that is enforceable or unenforceable, has it been checked by Niddy? webmaster@all-about-debt.co.uk i.e.:-

Brief synopsis, I cca's Cabot Uk Ltd and they sent me back the agreement, would that mean I wouldn't then send a SWID to them, as they have provided agreement?

[Strepsi]

____

[Strepsi]

↵

• 4th January 2018, 12:11Type of Account: Sainsbury CC
  Date Commenced: /09/2013
  Approx Balance: £2500
  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 then Wescot (I think), now with Cabot Financial
  
  
  4th October
  Letter received from Sainsbury's
  
  "we are writing to notify you that Sainsburys bank has assigned all of it rights respective right title etc... to the Cabot Credit Management Group effective from the 31st August..."
  
  4th October
  Letter received from Cabot confirming above.
  
  20th October
  We really want to help...
  
  22nd November
  We have previously explained that there are several options available and we want to help you find the most suitable solution...
  
  27 December (Second letter)
  
  Your outstanding balance - potential legal action
  
  "Following our previous letter, we want to talk to you about your account but haven't heard from you...
  
  What legal action could mean
  "Our typical action would be to instruct a solicitor to issue amount due..."
  
  
  This debt started life with Moorcroft (which I cca'd), they returned postal order saying that they are no longer dealing with it. I can't remember if I then CCA'd Wescott, it has now been sold to Cabot, as mentioned.
  
  
  What would be the best course of action, it appears that they are quite keen. Should I send a CCA request or a SWID to Cabot. I am certain that this will be enforceable, mainly because of the date.
  
  Cheers
  22nd June 2018, 11:25
  I have sent info across to Niddy to take a look at, I have a feeling that this will be enforceable.

• 23rd June 2018, 09:59Originally posted by Strepsi View Post
  
  I have sent info across to Niddy to take a look at, I have a feeling that this will be enforceable.
• I have just been advised that this is unenforceable, gobsmacked to be honest!!!

• 26th June 2018, 13:20

Originally posted by Strepsi View Post

I have just been advised that this is unenforceable, gobsmacked to be honest!!!

Which just shows that accounts opened after 2007 (your Sainsburys credit card was from 2013) can still be unenforceable in some instances [IMG2=JSON

Di
[B]18^th October [/B]
HAVE BEEN INFORMED FROM NIDDY THAT THIS IS UE

Received a letter this morning from Cabot Financial UK Ltd

At the moment we don't have any repayments being received on your account or a commitment to a repayment plan...

As a reasonable next action to recover the outstanding balance your account has been reviewed for legal action...you need to contact us within 28 days so that we can prevent this from happening.

I requested SAR in July from Sainsbury's still not received information.

• 18th October 2018, 11:56
• You say Niddy said it was UE, did you receive a reply to a CCA request if so when and what was received, sorry but today I don't have time to go through all your diary to find the info,
  if you have not received your SAR I would write back to sainsburys asking why, make sure to enclose a copy of the original request

• 18th October 2018, 12:19Originally posted by nightwatch View Post
  You say Niddy said it was UE, did you receive a reply to a CCA request if so when and what was received, sorry but today I don't have time to go through all your diary to find the info,
  if you have not received your SAR I would write back to sainsburys asking why, make sure to enclose a copy of the original request
  Sorry missed...what was received!?
  
  Three lots of information, - credit card statements, personal details sheet and two copies of "credit agreement regulated by the consumer credit act 1974".

• ok you can wait and see what Cabot do next, if they do decide to threaten legal action you should receive a letter following new protocol which gives you 30 days to reply, it will have tick boxes for replys, DO NOT PANIC if you get one just post up on here straight away
  NW x

• 1^st November 2018
  Cabot Financial
  Dear Mr
  
  Your outstanding balance - potential legal action
  
  Following our previous letter we want to talk to you about your account but haven't heard from you...
  
  What legal action could mean.
  
  Next steps
  We would prefer to avoid legal action...please contact us within 14 days...if we do not hear from you with 14 days your account will be reviewd to be referred to a solicitors.
  
  Advice please?

• 1st November 2018, 14:56

• Cabot seem to send this template letter out but notice its "Potential" "reviewed" .
  Under the new regulations a Letter Before Claim has to be sent to you before a claim can be issued.
  As Niddy has assessed the CCA as UE the last thing you should do is to alert them to this so that they can reconstitute a EN version!
  
  File and see what comes next.
• Cabot Financial UK Ltd - Letter received
  
  Dear Mr...
  
  Next steps
  
  We have tried to contact you on several occasions to discuss your account. As we have not heard from you, we are referring your account to Mortimer Clarke Solicitors.
  
  Mortimer Clarke Solicitors will want to speak to you within the next 7 days where they will review your situation and help you arrange the most suitable solution and help you to arrange the most suitable solution for you based on your circumstances.
  
  Alternatively you can contact them on ....
• 19th November 2018, 14:23
• If you have not received a reply to your CCArequest, then you need to send the, Sold in Dispute, template wait while M C, contact you then send it to them,
  
  NW x

• 19th November 2018, 14:23
• If you have not received a reply to your CCArequest, then you need to send the, Sold in Dispute, template wait while M C, contact you then send it to them,
  
  NW x
  
  I have been advised by Niddy, that this is UE. It is mentioned in above post (I believe).
  
  Cheers

• 19th November 2018,
• 19:51Send the SWID to Cabot then,

For the sake of clarity, I am aware that this maybe quite an extensive post, but literally is full story of recent history...apologies if it looks a little messy, as I had to copy and paste from thread to word in attempt to get all on same post.

Brief synopsis, I cca's Cabot Uk Ltd and they sent me back the agreement, would that mean I wouldn't then send a SWID to them, as they have provided agreement?

[nightwatch]

Send the SWID to Cabot then,

[Strepsi]

19th November 2018, 14:23
If you have not received a reply to your CCArequest, then you need to send the, Sold in Dispute, template wait while M C, contact you then send it to them,

NW x

I have been advised by Niddy, that this is UE. It is mentioned in above post (I believe).

Cheers

[nightwatch]

If you have not received a reply to your CCArequest, then you need to send the, Sold in Dispute, template wait while M C, contact you then send it to them,

NW x

[Strepsi]

1st November 2018, 14:10

Originally posted by Strepsi View Post
Originally posted by Strepsi View Post
Type of Account: Sainsbury CC
Date Commenced: 2013
Approx Balance: £2500
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 then Wescot (I think), now with Cabot Financial


4th October
Letter received from Sainsbury's

"we are writing to notify you that Sainsburys bank has assigned all of it rights respective right title etc... to the Cabot Credit Management Group effective from the 31st August..."

4th October
Letter received from Cabot confirming above.

20th October
We really want to help...

22nd November
We have previously explained that there are several options available and we want to help you find the most suitable solution...

27 December (Second letter)

Your outstanding balance - potential legal action

"Following our previous letter, we want to talk to you about your account but haven't heard from you...

What legal action could mean
"Our typical action would be to instruct a solicitor to issue amount due..."


This debt started life with Moorcroft (which I cca'd), they returned postal order saying that they are no longer dealing with it. I can't remember if I then CCA'd Wescott, it has now been sold to Cabot, as mentioned.


What would be the best course of action, it appears that they are quite keen. Should I send a CCA request or a SWID to Cabot. I am certain that this will be enforceable, mainly because of the date.

Cheers


I HAVE BEEN INFORMED FROM NIDDY THAT THIS IS UE

Received a letter this morning from Cabot Financial UK Ltd

At the moment we don't have any repayments being received on your account or a commitment to a repayment plan...

As a reasonable next action to recover the outstanding balance your account has been reviewed for legal action...you need to contact us within 28 days so that we can prevent this from happening.

I requested SAR in July from Sainsbury's still not received information.

Cabot Financial
Dear Mr

Your outstanding balance - potential legal action

Following our previous letter we want to talk to you about your account but haven't heard from you...

What legal action could mean.

Next steps
We would prefer to avoid legal action...please contact us within 14 days...if we do not hear from you with 14 days your account will be reviewd to be referred to a solicitors.

Advice please?

Cabot Financial UK Ltd - Letter received

Dear Mr...

Next steps

We have tried to contact you on several occasions to discuss your account. As we have not heard from you, we are referring your account to Mortimer Clarke Solicitors.

Mortimer Clarke Solicitors will want to speak to you within the next 7 days where they will review your situation and help you arrange the most suitable solution and help you to arrange the most suitable solution for you based on your circumstances.

Alternatively you can contact them on ....

[Strepsi]

Cabot Financial
Dear Mr

Your outstanding balance - potential legal action

Following our previous letter we want to talk to you about your account but haven't heard from you...

What legal action could mean.

Next steps
We would prefer to avoid legal action...please contact us within 14 days...if we do not hear from you with 14 days your account will be reviewd to be referred to a solicitors.

Advice please?

Cabot Financial UK Ltd - Letter received

Dear Mr...

Next steps

We have tried to contact you on several occasions to discuss your account. As we have not heard from you, we are referring your account to Mortimer Clarke Solicitors.

Mortimer Clarke Solicitors will want to speak to you within the next 7 days where they will review your situation and help you arrange the most suitable solution and help you to arrange the most suitable solution for you based on your circumstances.

Alternatively you can contact them on ....

[The Tech Clerk]

Niddy must be away??? as very quiet at the moment I am afraid, maybe Diana Mayhew or Warwick65 could pop in here??

[Strepsi]

12th November 2018, 12:52

Originally posted by Strepsi View Post

Thanks for reply, I have sent email to Niddy.I am assuming 499 and 500 would need to be the same info?



Hi,

A number of things, I emailed Niddy on the 6th of last week, at the moment haven't had a reply, I appreciate people are busy with lives, as a rule of thumb how long to get a reply.

The other thing, am I better posting updates to thread, then waiting for reply, then posting the next update, even when I get correspondence from different places on the same day? The reason being, sometimes when I do numerous updates, it appears that I appear only to get feedback on my last posting (or appears to be the case).

Does that make sense?

[Strepsi]

[QUOTE=Strepsi;n1515166]

20th September 2018, 10:33

Originally posted by Strepsi View Post
28th August 2018, 11:06
3rd August 2018, 16:59

Originally posted by Strepsi View Post
Originally posted by Strepsi View Post
21st March 2018, 16:56
Originally posted by Strepsi View Post
Creation CC
Amount £4530
Account Opened -/12/2013
Default April 2016 (Finally...)

Creation 9/07/2016

Your agreement has now been referred to Moorcroft Debt Recovery for collection for the collection of the overdue amount. Any further payment or contact regarding your agreement show now be made to...

Moorcoft 13/7/2016

Your account detail have been passed to us by Creation Financial Services, outstanding balance £4900

Moorcroft Debt 19/10/2016

Please find text from letter.
'Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with Creation Financial Services Ltd.

Upon investigation of your account, our client has advised their records show that unfortunately, a copy of the agreement is unavailable due to the age of the account. However, please find enclosed statements to show how the balance was accrued.

We hope this answers any queries you may have and as a result they believe the balance we hold to be correct and due for payment.

We have placed your account on hold until the the 18th November to allow you time to receive and respond to this letter'. Then waffle.

What do you think?
Creation 8/3/2017
I am disappointed to note that we have still not heard from you regarding payment of debt...

Creation 13/10/2017
We have been attempting to contact you for sometime to discuss this debt without success...

Creation 24/10/2017
Despite our efforts to contact you and assist you in clearing the above debt, by means of a repayment ...we therefore have no alternative but to sell this account to a debt purchaser.

You have 10 days from the date of this letter...

Creation Consumer Services Ltd 19/01/2018
We are writing to notify you that Creation Financial Services Ltd sold your account to Lowell Portfolio I Ltd on 27/12/2017. The total balance sold was £4800

Lowell Portfolio I Ltd 19/01/2018
We are Lowell Portfolio I Ltd, a specialist debt purchaser, which buys accounts from various organisations...The letter is intended to give you formal notice that your outstanding Asda account with Creation Financial Services Ltd was sold to Lowell Portfolio I Ltd on 27/12/2017. Lowell Portfolio I Ltd has instructed Lowell Financial Ltd to manage your account.

[I] Since then I haven't received any letters that directly relate to this debt, only letters that relate to three debts that they own.
Thank you for posting the full history which makes things a lot easier to follow

Unless I've misunderstood, you received a letter from Moorcroft in October 2016 which states that Creation Finance admit that they don't have your credit agreement.

Was that letter sent in response to a formal s 77-79 CCA Request ?

I'm pleased that Lowells haven't written to you since but if they do write post on your thread and it may make sense to reply letting them know the account is currently unenforceable (have you kept that Moorcroft letter?).


Hi Di,

Yes I still have the letter and documents, you haven't misunderstood and it was through a CCA request.

Cheers




I was wondering if someone could give some advice on this also. Cheers




Just received Data Access Report, I have forwarded some information for Niddy to take a look. I have never received this type of information, what should I be looking out for?


Should I send CCA Lowell regarding this debt, I feel the information (SAR) received was a little vague from Creation.

5th September

Prelegal Assessment Letter received from Lowell.

Having assessed our options we intend to take legal action to recover this debt if you do not contact us to agree a repayment plan.

Please call us by -/9/2018

Best course of action?




Bit of a query, I sent a CCA request 'signed for' on Friday of last week, at the moment when I check the post office track and trace it just states that it has been posted.

Where does this leave me, Lowell wanted a reply from me this week otherwise they will commence with legal proceedings!


Letter received from Lowell

We refer to your recent request under section 77/78 of the consumer credit act 1974 for a copy of the documentation for this former Creation Financial Services Ltd Account. We have requested a copy of the documentation but have not received as yet.

This account remains on hold while we wait...

Judging what I saw from my SAR, will be interested what turns up!?

[Strepsi]

Type of account Barclay Card

• Date commenced 2004
• Approx balance 7000
• Date last paid 2016
• Are you on arrangement or not paying?
• Status (Defaulted)
• Account owner Hoist - Managed by Robinson Way

14th November 2016, 15:58
Re: Start of my diary

Originally posted by Strepsi View Post
Just received letter from Robinson Way relating to HPH LTD (Barclaycard) amount of £7000, account opened 2004.

Following your request, we have today asked for a copy of agreement... your account has been placed on hold temporarily pending receipt of documentation.

Will keep posted.



'Please note we have not yet received a response from the original creditor.

This note is to let you know that we are continuing to seek an update and we will let you know the response as soon as we can. Action on your account has been temporarily stopped whilst we await a resolution.

Thank you for your patience.'

File away?


11th October 2018, 11:03

Originally posted by Strepsi View Post

Update still no credit agreement!

But received letter informing me that...

to advise that Hoist Portfolio Holding Ltd (HPH) has assigned all of its respective rights, interest, benefits and entitlement in respect of the above referenced account to Hoist Finance UK Holdings 1 Ltd (HFUKH1L).

The assignment has simply taken place as part of a Hoist Finance Group restructure where ownership of your account has been transferred from one part of the Hoist Finance Group to another.


Is this a Barclaycard ? I take it it says Robinson way are the agents,
Hoist are doing some restructuring, they are just making sure they have informed you, a few of us have had them, just file it away

Letter received from BarclayCard October 2018

Dear Mr

We are writing to letter you that you will receive a refund of the above account.

following a recent review of our operating procedures we have identified that for customers who had fallen behind on their payments, we did not meet our expected standards for assessing customers' circumstances or engaging with them. please accept our apologies for this...to address this we will refund the interest and default fee which were applied to the account.

We will not look further into your case and provide further deserved redress unless you contact us regarding any other circumstances or losses in relation to this...

As your account has been transferred to Hoist Finance Uk Holdings 1 Limited, we have asked them to reduce your outstanding balance...


I have a feeling this is a ruse, for me to get in contact with them as still not received any requested documentation,

[Strepsi]

Thanks for reply, I have sent email to Niddy.I am assuming 499 and 500 would need to be the same info?

Hi,

A number of things, I emailed Niddy on the 6th of last week, at the moment haven't had a reply, I appreciate people are busy with lives, as a rule of thumb how long to get a reply.

The other thing, am I better posting updates to thread, then waiting for reply, then posting the next update, even when I get correspondence from different places on the same day? The reason being, sometimes when I do numerous updates, it appears that I appear only to get feedback on my last posting (or appears to be the case).

Does that make sense?

[Strepsi]

neither do I, why not message Niddy and see if he knows?

Thanks for reply, I have sent email to Niddy.I am assuming 499 and 500 would need to be the same info?

[nightwatch]

neither do I, why not message Niddy and see if he knows?