Start of my diary

[The Tech Clerk]

Inquiries into your credit background make up 10% of the pie. Hard inquiries knock a few points off your score. Soft inquiries do not. Checking your own credit is a soft inquiry \;-

Soft check – A soft check is a type of inquiry carried out on your credit report that is not visible to prospective lenders. This type of a check does not affect your credit score or hinder your ability to get credit. You can see these for a period of 12 months.

The following fall into this category:

• When you check your own report, e.g. through ClearScore.com
• When your report is accessed for the purpose of an identity check
• Some lenders offer a soft-check to see whether you will be eligible for a loan (always check this carefully, to avoid a mark on your report)

[Strepsi]

Originally posted by Strepsi View Post
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

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!

This morning received two letters one from Cabot....

We have tried to contact you on several occasions to discuss your account. As we haven't heard from you, we are referring your account to MCS.

Mortimer Clarke will want to speak with you within the next 7 days where they will review your situation...

The other letter from Mortimer Clarke

Dear Mrs

We really need to talk to you about the debt £..... owed to our client Cabot Financial (UK) Limited

If you do not contact us within 30 days from the date of this letter....blah blah....

Advice please, as mentioned I have previously done CCA to the original account holder, Niddy seems to think it is enforceable.

[Strepsi]

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

Correspondence received from MCS

We refer to your correspondence dated ..... Please note we have not received your request for documents pursuant to Section 78/79 of the CCA 1974 until this correspondence.

Our client has provided us with the documentation. We enclose the following documents...

I have purposefully with held this info to this forum, as information received is no different to what I have already.

The current balance of your account is £..... The full outstanding balance is due.

We consider that the agreement is now enforceable. If you disagree, please explain why.

Alternatively please complete and return the enclosed I and E form within the next 14 days


Now what, they haven't provided anything different - still waiting for my SAR from Sainsbury.

[Roger]

Do not enter into any correspondence with MCS What they are really saying is tell US what is wrong so that we can reconstitute Documents etc. and then take you to the cleaners! Only a judge can force you into a I & E disclosure!!

Have you been sent a Letter Before Claim? If Not Silence and wait until they do!
At which time do what Di suggest
tick In dispute
Reason Outstanding S.78 CCA Request.

In the meantime post up here anything else they may pr may not send!

[Strepsi]

Do not enter into any correspondence with MCS What they are really saying is tell US what is wrong so that we can reconstitute Documents etc. and then take you to the cleaners! Only a judge can force you into a I & E disclosure!!

Have you been sent a Letter Before Claim? If Not Silence and wait until they do!
At which time do what Di suggest
tick In dispute
Reason Outstanding S.78 CCA Request.

In the meantime post up here anything else they may pr may not send!

This is response to the advice suggested by Di, I ticked box D, using wording again advised by Di.

[Roger]

This is response to the advice suggested by Di, I ticked box D, using wording again advised by Di.

MSC are on a fishing trip aren't they! If they are so confident why are they writing to you instead of sending a Claim?

Silence is the best response here!

[Strepsi]

MSC are on a fishing trip aren't they! If they are so confident why are they writing to you instead of sending a Claim?

Silence is the best response here!

Ok, for sake of clarification, I have received a letter before claim ****. In their reply, that have asked for I an E (which I will not supply) to send back within 14 days, but they do not specify any other dates.

****Which is obviously different to a claim letter?! - added to original message.

[Roger]

Ok, for sake of clarification, I have received a letter before claim ****. In their reply, that have asked for I an E (which I will not supply) to send back within 14 days, but they do not specify any other dates.

****Which is obviously different to a claim letter?! - added to original message.

I understand the STRESS that this is causing.
When I started out to manage my debts I read the government guidelines the various (Bank sponsored) so called charities etc..
Honestly and openly. But neither the Banks nor the DCA's are Charities. Their intent is to benefit from BAD Debt. They see the Debtor as a good investment!! Do you see the hypocrisy here reporting Bad Debts whilst pursuing for the FACE value for which they have paid pennies in the pound!

The Consumer Credit Act is just that for protection and benefit of Us the Consumer. The requirements of licensing etc.. Of Assignment etc.., There is a minefield to be crossed. Its not just the S 77/78 CCA report!
MSC know this! As far as you are concerned they see you as a frightened rabbit easily scared! They are right of course.

Now have they sent a second Letter Before Claim? with a new 30 day response deadline? Or is this in response to your reply to the First Letter Of Claim?

If this is their response to the First Letter Of Claim, then ignore because you have written enough! If they are so confident then why haven't they issued a Claim?

[Strepsi]

This is a letter in response to my reply to their first LBC with completed questionnaire with box D ticked with text from Di used.

[Roger]

This is a letter in response to my reply to their first LBC with completed questionnaire with box D ticked with text from Di used.

"..

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

.."

If the documents they have sent are the same seen before these are UE ".. you have been told that the Sainsbury's CCA sent by Cabot is UE. . " IGNORE them!
If these are different then send them to Niddy for review.

[Strepsi]

Originally posted by Strepsi View Post
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

This morning received two letters one from Cabot....

We have tried to contact you on several occasions to discuss your account. As we haven't heard from you, we are referring your account to MCS.

Mortimer Clarke will want to speak with you within the next 7 days where they will review your situation...

The other letter from Mortimer Clarke

Dear Mrs

We really need to talk to you about the debt £..... owed to our client Cabot Financial (UK) Limited

If you do not contact us within 30 days from the date of this letter....blah blah....

Advice please, as mentioned I have previously done CCA to the original account holder, Niddy seems to think it is enforceable.

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..."

[The Tech Clerk]

sign it

[Strepsi]

[QUOTE=Strepsi;n1513024]

19th July 2018, 12:58

Originally posted by Strepsi View Post
8th December 2017, 22:11
Originally posted by Strepsi View Post
Type of Account: Tesco CC - Wife
Date Commenced: 16/10/2013
Approx Balance: £4300
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.


Last edited by Strepsi; 19th July 2018, 14:31.



29th July
Dear Mrs...

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.

What legal action means...

We'd prefer to work with you...

Please call us by !/08/2018.

Best course of action, can I assume SWID?

3rd August 2018

I have sent swid letter today, panicking as going on holiday for two weeks, next week. Hopefully the correct action to take.

Letter received mid December

From Lowell

"Dear Mrs

We are writing with regards to your previous request for documentation under sections 77-79 of the CCA which we received in August 2018.

Tesco Bank CC have advised us that they have sent these documents directly to you and therefore this fulfil obligations under the CCA 1974.

If you have not received these, please let us know.

Otherwise, we would now like to discuss your proposals to repay this debt...

We will cease any collection activity for a period of 30 days to receive your response"

[Strepsi]

13th December 2018, 18:16
Originally posted by Strepsi View Post
This is a letter in response to my reply to their first LBC with completed questionnaire with box D ticked with text from Di used.
"..
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
.."

If the documents they have sent are the same seen before these are UE ".. you have been told that the Sainsbury's CCA sent by Cabot is UE. . " IGNORE them!
If these are different then send them to Niddy for review.

Received information from Sainsbury's following my SAR.

From what I have seen so far, some documents should have been printed landscape and not portrait, as some text appears to be missing.

What are the key documents I need to have received. Cheers

[Strepsi]

13th December 2018, 18:16
Originally posted by Strepsi View Post
This is a letter in response to my reply to their first LBC with completed questionnaire with box D ticked with text from Di used.
"..
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
.."

If the documents they have sent are the same seen before these are UE ".. you have been told that the Sainsbury's CCA sent by Cabot is UE. . " IGNORE them!
If these are different then send them to Niddy for review.

Received information from Sainsbury's following my SAR.

From what I have seen so far, some documents should have been printed landscape and not portrait, as some text appears to be missing.

What are the key documents I need to have received. Cheers