Start of my diary

[Strepsi]

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?)


Di

Sorry Di,

I haven't been on the forum so often recently as things have gone quiet with regards letters. I think people have mentioned that this may happen.

Anyway, this is a joint account. I have received loads of information (mainly statements) through a CCA request.

The statements we/I received were all in our names (joint account), but every bit of correspondence was and has been addressed to my wife, never in joint names.

Not sure if this is a big deal or not.

[Joanna Connolly Solicitors]

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...

I think that's a huge not small step in the right direction.

A Discontinuance is a ***WIN*** so well done you!

We were happy to be able to assist. You can now close the file on this one for good

Di

[Strepsi]

10th January 2019, 11:20

Originally posted by Strepsi View Post

• 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]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...

• 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.

9th January

• 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.

Just been informed by Niddy that 'signed agreement' is also UE. That has surprised me somewhat.

Not really sure where that leaves me when MCS come knocking again.



*Update 2/07/2019

This went to court with MCS beginning of the year, I don't appear to have updated saying that it had.

Anyway today had contact with Jo who advised that to has been discontinued!

Another one bites the dust, had a good week!!

Thanks to Jo, Di and her team.

[cymruambyth]

That’s great news, well done once again to the team at Joanna Connolly Solicitors.

[Joanna Connolly Solicitors]

Just been informed by Niddy that 'signed agreement' is also UE. That has surprised me somewhat.

Not really sure where that leaves me when MCS come knocking again.


*Update 2/07/2019

This went to court with MCS beginning of the year, I don't appear to have updated saying that it had.

Anyway today had contact with Jo who advised that to has been discontinued!

Another one bites the dust, had a good week!!

Thanks to Jo, Di and her team.

This was a Sainsburys credit card from 2013 so naturally you were surprised to learn the credit agreement was unenforceable.

It was then assigned to Cabot Financial (UK) Ltd which does not have FCA authorisation.

Mortimer Clarke solicitors attempted to convince you that they had everything they needed to win this case.

And then the claim was discontinued

We were happy to be able to help.

Di

[Strepsi]

Car HP Agreement - Barclays Partner Finance.

Two and half a year we terminated our agreement and got collected off the drive our car.

The only documentation I/we received was a receipt that I can recall.

Anyway about a week ago, we received a letter from Barclays Partner Finance apologising but the follow information which indicated we owed £1000 after varying deduction Inc wear and tear.

This letter came two years after car was collected and come as a shock that we still owe that amount was owed.

I think we felt, that as the car was collected and we hadn't received any subsequent correspondence that this was all settled.

Not really sure what to do, should they have sent this information out to us earlier...?

[Strepsi]

4th July 2019, 12:27
Originally posted by Strepsi View Post
Just been informed by Niddy that 'signed agreement' is also UE. That has surprised me somewhat.

Not really sure where that leaves me when MCS come knocking again.


*Update 2/07/2019

This went to court with MCS beginning of the year, I don't appear to have updated saying that it had.

Anyway today had contact with Jo who advised that to has been discontinued!

Another one bites the dust, had a good week!!

Thanks to Jo, Di and her team.

This was a Sainsburys credit card from 2013 so naturally you were surprised to learn the credit agreement was unenforceable.

It was then assigned to Cabot Financial (UK) Ltd which does not have FCA authorisation.

Mortimer Clarke solicitors attempted to convince you that they had everything they needed to win this case.

And then the claim was discontinued

We were happy to be able to help.

Di


Just recently my wife has been getting lots of calls from MCS, asking her to contact.

We haven't received anything through the post other than documentation at the end of last year.

My wife has started blocking the calls...

[Joanna Connolly Solicitors]

Car HP Agreement - Barclays Partner Finance.

Two and half a year we terminated our agreement and got collected off the drive our car.

The only documentation I/we received was a receipt that I can recall.

Anyway about a week ago, we received a letter from Barclays Partner Finance apologising but the follow information which indicated we owed £1000 after varying deduction Inc wear and tear.

This letter came two years after car was collected and come as a shock that we still owe that amount was owed.

I think we felt, that as the car was collected and we hadn't received any subsequent correspondence that this was all settled.

Not really sure what to do, should they have sent this information out to us earlier...?

Is there a breakdown of how Barclays have calculated the £1,000?

Di

[Strepsi]

29th August 2019, 12:41
Originally posted by Strepsi View Post
Car HP Agreement - Barclays Partner Finance.

Two and half a year we terminated our agreement and got collected off the drive our car.

The only documentation I/we received was a receipt that I can recall.

Anyway about a week ago, we received a letter from Barclays Partner Finance apologising but the follow information which indicated we owed £1000 after varying deduction Inc wear and tear.

This letter came two years after car was collected and come as a shock that we still owe that amount was owed.

I think we felt, that as the car was collected and we hadn't received any subsequent correspondence that this was all settled.

Not really sure what to do, should they have sent this information out to us earlier...?

Is there a breakdown of how Barclays have calculated the £1,000?

Di


Yes there is

[Strepsi]

Hoist Portfolio

Hi, I have posted a question on the Hoist thread started by Jo.

I was wondering, we have two accounts that these guys own, for two settee's we purchased.

We are currently paying a very low amount two both these accounts. What would be the outcome should we stop paying them.

I can't be certain if we have defaults with these, but would I be correct in thinking that we will have as they are not owned by OC?

Cheers

[nightwatch]

who did you purchase them from, originaly. also when,
when did Hoist take them over.

[Strepsi]

The OC was Barclays Partner Finance on both. They then passed to Robinson Way, they were then assigned in September 2018 on both accounts to Hoist Finance UK Holdings 1 Ltd.

Accounts were opened with BPF in 2012 and 2013.

[nightwatch]

Have you sent a CCA for these accounts? I cannot find them on your diary, which has taken me some time to look through.
are they in here or do you have a seperate thread for them.

[Strepsi]

I never CCA'd them as I didn't think they were applicable as they were HP. So there will be no thread.

[nightwatch]

WE send a CCA 77-79 this covers Credit cards loans and HP .

Section 79 applies to regulated consumer hire agreements (e.g. hire purchase agreements)

so a CCA can be sent for

NW