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a copy of the signed agreement,terms and conditions from the date you took the agreement out, copy of T&C when defaulted, copy of default, or date of default,letter(s) of assignment to Cabot or any other debt collector, poss a few other things but only if asked for by Di or JO.
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9th January 2019, 18:49
a copy of the signed agreement,terms and conditions from the date you took the agreement out, copy of T&C when defaulted, copy of default, or date of default,letter(s) of assignment to Cabot or any other debt collector, poss a few other things but only if asked for by Di or JO.
I have received a signed agreement, which I didn't have before.
Loads of statements, I don't have a default notice. I do have some printouts, which aren't very clear which may have dates but can't see all info as printouts are in portrait and not landscape.Comment
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send CCA to webmaster@all-about-debt.co.uk quoting this threadI'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.Comment
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- 24th November 2018, 11:57Originally posted by Strepsi View Post
↵- 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, 13:20Originally 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]18th 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 - 1st 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...
- 4th January 2018, 12:11Type of Account: Sainsbury CC
- 24th November 2018, 12:59Originally posted by Strepsi View Post
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
- 27th November 2018, 18:55Originally posted by Strepsi View Post
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 [IMG]https://all-about-debt.co.uk/core/im...ETMzzMzM//758d
Cabot Financial (UK) Ltd are not authorised by the FCA.
(we've now spoken)
Di
- 13th December 2018, 11:58Originally posted by Diana Mayhew View Post
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 [IMG]https://all-about-debt.co.uk/core/im...ETMzzMzM//758d
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.
- 13th December 2018, 13:16
- Originally posted by Roger View Post
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.
- 13th December 2018, 13:34
- Originally posted by Roger View Post
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.
- 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
[IMG]https://all-about-debt.co.uk/core/im...ETMzzMzM//758d
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
- 9th January 2019, 20:119th January 2019, 18:49
a copy of the signed agreement,terms and conditions from the date you took the agreement out, copy of T&C when defaulted, copy of default, or date of default,letter(s) of assignment to Cabot or any other debt collector, poss a few other things but only if asked for by Di or JO.
Ihave received a signed agreement, which I didn't have before.
Loads of statements, I don't have a default notice. I do have some printouts, which aren't very clear which may have dates but can't see all info as printouts are in portrait and not landscape.
Last edited by Strepsi; 9 January 2019, 22:16.Comment
- 24th November 2018, 11:57Originally posted by Strepsi View Post
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4th January 2019, 12:24
[QUOTE=Strepsi;n1513024]
Originally posted by Strepsi View Post
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"
****
Can I query this sentence, Lowell now owe this debt, I have asked Lowell directly for this information. Should they not be providing this?
I am sure through reading threads and conversation with Di, sometimes not all information isn't passed to the debt purchaser, and if that is the case it is more difficult to enforce the debt.. Unless I have misunderstood.Comment
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Just been informed by Niddy that 'signed agreement' is also UE. That has surprised me somewhat.Originally posted by Strepsi View Post
Not really sure where that leaves me when MCS come knocking again.Comment
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Originally posted by Strepsi View Post
This signed agreement was sent to you in your SAR response from Sainsburys, not sent to you by Cabot or Mortimer Clarke in response to your s 77-79 Request.
Or have I misunderstood your last post?
DiComment
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Hi,Originally posted by Diana Mayhew View Post
Tech Clerk advised that I send credit agreement to Niddy. The credit agreement was received within 'information' received from Sainsburys in relation to my SAR.
I am a little confused however, the agreement received is missing things (but has my signature). However I have a reconstituted agreement from Cabot and MCS (they both sent the exact same info), but this doesn't have a signed agreement. But appears to contain the information that is missing.Comment
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Originally posted by Strepsi View Post
Surely it's good news that Cabot have sent you a reconstituted agreement which differs from the actual agreement held by Sainsburys.
If the original credit agreement held by Sainsburys has missing information, that begs the question how were Cabot and Mortimer Clarke able to produce an 'honest and accurate' reconstituted version which differs in content
DiComment
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[QUOTE=Strepsi;n1517870]Received information regarding my CCA request to Lowell.Originally posted by Strepsi View Post
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 £4250
Account Opened -/12/2013
Default April 2016 (Finally...)
Creation /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 1/7/2016
Your account detail have been passed to us by Creation Financial Services, outstanding balance £4700
Moorcroft Debt 1/10/2016
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 /3/2017
I am disappointed to note that we have still not heard from you regarding payment of debt...
Creation 1/10/2017
We have been attempting to contact you for sometime to discuss this debt without success...
Creation 2/10/2017
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 /01/2018
We are writing to notify you that Creation Financial Services Ltd sold your account to Lowell Portfolio I Ltd on /12/2017. The total balance sold was £4800
Lowell Portfolio I Ltd 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 /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!?
They have sent what appears to be a reconstituted agreement I will send to Niddy this week.
When I received it, it made check other information I have received. Just want to get some thoughts whether what I noticed is important:
The sold date on letter I received is different to the date on the printout (log) on my SAR.
The defaults date do not match.
The credit agreement start date is incorrect on statement on account.
On the credit agreement from Creation it doesn't state a variable interest rate on information from Creation it does.
It maybe meaningless, just was wondering 'how exact' their information needed to be.Last edited by Strepsi; 14 January 2019, 11:05.Comment
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Just a quick up date.
All gone extremely quiet just recently, I have two cases being handled by Jo Connolly, which I am assuming are going to be ok, one which has been dealt with from July of last year, no outcome as yet (I am hoping that this is a positive).
This morning received a letter from Intrum offering me (or rather the wife) a 70% discount of £900 if she settle's this month.
It states "if you clear your account by way of partial settlement any default that is registered in relation to this account would be updated to 'partially satisfied'. The outstanding balance will show as zero on your credit file, and you will not be pursued for the remainder of the balance by Intrum or any other third party".
This is a joint account however and nothing addressed to me as yet...
Just wondering thoughts on this?
Other than that nothing much else to report, hoping it gets quieter (but I bet it doesn't)
Comment
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Originally posted by Strepsi View Post
Was this a joint current account?
If so then maybe Intrum have become aware of the Appeal we (Joanna Connolly Solicitors) won in court last week which confirmed that s 78 CCA does apply to overdrafts.
Read Jo's post >
(Or was it a joint loan?)Originally posted by Joanna Connolly View Post
Di
Comment
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21st June 2018, 23:36
Originally posted by Strepsi View Post
Just received a claim form regarding the Next (Cabot Debt). Have spoken with Di and have emailed relevant documents for her and Jo to look at.
Fingers crossed!!
No worries
Di
26th June
Just had a phone call from Joanna advising that the claim has been discontinued!!
Another one gone, very happy!
Still a long road, small steps...Comment
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Great News- I am sure Cabot just love Jo and Di
Comment
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OOOOOOh YESSSSSS, another one bites the dust.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.Comment
Comment