Start of my diary

[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?

Mortimer Clarke Solicitor - WE NEED YOUR ATTENTION - POTENTIAL LEGAL ACTION.

Dear

We really need to talk to you about this debt £2500 owed to our Client Cabot Financial (UK) Limited ("Cabot")

If you do not contact us within 30 days...

[nightwatch]

is this just a letter or, is there a tick box questionaire in with it?

[Strepsi]

is this just a letter or, is there a tick box questionaire in with it?

Tick box questioniare.

[nightwatch]

Tick box questioniare.

OK this is a letter before claim,

you have 30 days to return it so don't rush to get it in the post, there should be a date on the letter that it has to be replied to, post it a week before that date,

I believe you need to tick box D, saying you need more information,

DO NOT fill in the Income and expenditure form.

[Strepsi]

OK this is a letter before claim,

you have 30 days to return it so don't rush to get it in the post, there should be a date on the letter that it has to be replied to, post it a week before that date,

I believe you need to tick box D, saying you need more information,

DO NOT fill in the Income and expenditure form.

Ok. as requested email has been sent to Di.

SAR request to Sainsbury sent this morning.

For the life of me I can't find email to Niddy where he informed it was UE, I am really hoping that I haven't dreamt it!?

Not going to reply as yet, I am aware however for Christmas postings.

Cheers for you help over the weekend NW.

[Strepsi]

Type of Account: Halifax Credit Card
Date Commenced: /11/2013
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): CSL now CABOT FINANCIAL UK LTD


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

Had loads of letter from Moorcroft, Halifax and Westcot.

/5/2017 - Notice of Instruction CSL

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

/6/2017 - Notice of further action

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

July 2018 Notice of assignment Halifax

we are writing to advise that Halifax has assigned account to Cabot Financal UK Ltd...

Hello letter from Cabot - same date
YOUR EXPERIENCE WITH CABOT
We are part of the Cabot Credit Management Group which has recently been bought the account you held with Halifax.

We are responsible for helping you manage your account...

Later in July
Cabot
We really want to help you

In the corner now states current creditor is Cabot Financial UK Ltd

Cabot - September
Our offer to you

Cabot - November
Your outstanding balance - potential legal action

Please contact with us within 14 days your account will be reviewed for solicitors...


I have never CCA'd Cabot directly, should I do this or go straight to SWID

[Roger]

July 2018 Notice of assignment Halifax

we are writing to advise that Halifax has assigned account to Cabot Financal UK Ltd...

Hello letter from Cabot - same date
YOUR EXPERIENCE WITH CABOT
We are part of the Cabot Credit Management Group which has recently been bought the account you held with Halifax.

We are responsible for helping you manage your account...

Later in July
Cabot
We really want to help you

In the corner now states current creditor is Cabot Financial UK Ltd

Cabot - September
Our offer to you

Cabot - November
Your outstanding balance - potential legal action

Please contact with us within 14 days your account will be reviewed for solicitors...


I have never CCA'd Cabot directly, should I do this or go straight to SWID

Under the new regulations they would have to send you a Letter Before Claim, your response to the LBC to be within 30 days. Which could be that right time for that SWID
My thoughts are to wait and see what their next letter says!

[Strepsi]

Under the new regulations they would have to send you a Letter Before Claim, your response to the LBC to be within 30 days. Which could be that right time for that SWID
My thoughts are to wait and see what their next letter says!

So send the SWID to Mortimer Clarke, as it probably would be! or to Cabot when they tell me that they are going to contact Mortimer Clarke.

[nightwatch]

If you CCA'd Halifax send the SWID to Cabot,
if you didn't then send the CCA to them,

[Strepsi]

For the sake of clarification. I have never sent cca to Cabot, only Halifax. So I send SWID to Cabot now and not wait LBC?

[Roger]

For the sake of clarification. I have never sent cca to Cabot, only Halifax. So I send SWID to Cabot now and not wait LBC?

Its confusing. Niddy said it was EN!! so tactics and timing becomes important here!

1/ Wait to see what Cabot do next! Or their Solicitors!

2/ ONLY IF Cabots Solicitor SEND YOU a Letter Before Claim (LBC) for which you will then have up to 30 days to reply!
Wait for say 25 days send by Recorded Delivery
(i) Send CABOT the SWID
(ii) Send Solicitors the LBC tick Box D state reason for dispute because was sold whilst in dispute.

Notice in this case wait until you are receipt of the LBC!!! File and ignore ALL letters until then!

[Joanna Connolly Solicitors]

Mortimer Clarke Solicitor - WE NEED YOUR ATTENTION - POTENTIAL LEGAL ACTION.

Dear

We really need to talk to you about this debt £2500 owed to our Client Cabot Financial (UK) Limited ("Cabot")

If you do not contact us within 30 days...

You have been told the Sainsbury's credit agreement sent by Cabot is unenforceable so you can tick Box D to dispute the debt on the Letter Before Claim reply form stating that they have not complied with your s 77-79 CCA Request. That's all.

Don't ask them for more information or documents in case they source them

Cabot Financial (UK) Ltd are not authorised by the FCA.

(we've now spoken)

Di

[Strepsi]

Would there be any harm in me checking my credit file?

[nightwatch]

It depends, some say it may flag you up to DCA's some say it only does that if you are applying for credit.
but sometimes you do need to find out whats on there,
so totaly your choice xxx

[Strepsi]

If I looked the once, that shouldn't be an issue?