Start of my diary

[Strepsi]

This is a different post - not a duplication

• Type of account Natwest
• Date commenced 2013
• Approx balance 4000
• Date last paid Feb 2016
• Are you on arrangement or not paying?
• Status Defaulted Sep 2014
• Account owner Cabot Financial (Uk) Ltd

First form of any communication for years from Natwest. I am relieved that it is finally being sold.

Received letter in same envelope advising that debt has been sold to Cabot Financial UK Ltd. The letter makes it very clear that Cabot UK are the legal owners.

Just sit and wait I guess...

[Strepsi]

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..."

Update to post 551

Received documents from Cabot in regards my CCA, didn't take that long. It looks different to what I received from the OC earlier in this journey. Also something that I noticed within documents that Colin (JC) alluded to in conversation.

[Strepsi]

• Type of account TSB
• Date commenced 2005
• Approx balance 4000
• Date last paid Feb 2016
• Are you on arrangement or not paying?
• Status Defaulted September 2014
• Account owner Arrow

Just received letter from TSB/Arrow advising the debt is now owned by Arrow.

At the moment I haven't received CCA that was request in the first part of 2016. I have both letter and proof of delivery saved on my desktop.

I have loads of requests for payment from Moorcroft.

[Timewilltell]

This is a different post - not a duplication

• Type of account Natwest
• Date commenced 2013
• Approx balance 4000
• Date last paid Feb 2016
• Are you on arrangement or not paying?
• Status Defaulted Sep 2014
• Account owner Cabot Financial (Uk) Ltd

First form of any communication for years from Natwest. I am relieved that it is finally being sold.

Received letter in same envelope advising that debt has been sold to Cabot Financial UK Ltd. The letter makes it very clear that Cabot UK are the legal owners.

Just sit and wait I guess...

sit and rejoice for this Cabot has no legal licence so JC and team will wipe the floor with them.

as for other which Arrow own it? As one of them have same issue as Cabot Uk.

[Strepsi]

sit and rejoice for this Cabot has no legal licence so JC and team will wipe the floor with them.

as for other which Arrow own it? As one of them have same issue as Cabot Uk.

Which Arrow has same issue as Cabot, interesting as I have a few of them?!

[Timewilltell]

https://register.fca.org.uk/shpo_searchresultspage?

[Joanna Connolly Solicitors]

Which Arrow has same issue

Arrow Global (Guernsey) Ltd may have jurisdiction issues, which is a different legal argument.

Di

[Strepsi]

Type of Account: B of S Current Account
Date Commenced: ? Prior 2006
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): HFUKH3L

As post above I have never CCA'd this current account. This is my first post regarding this debt, so no need to search through previous 42 pages...

This debt has been chased by Moorcroft, Wescott and CSL. In 2017 it was passed to Robinson Way by Halifax to act on their behalf.

I have had no contact with any of them.

Last week received Notice of Assignment from both Halifax (B Of S) and Hoist Finance UK Holdings 3 Ltd. As of yet no demand for payment, however they did include a nice a 15% discount offer.

I am aware that this account still hasn't had a history created, my plan is to do so in the coming week.

Anyway, as mentioned I have never CCA'd this account, I guess now would be the correct time to do so. Just received following letter...

"Your account remains unpaid despite attempts to contact you.

We have assessed your account and established that it meets our initial criteria to be considered for legal action...if you do not contact us within 10 days your account maybe transferred to Howard Cohen & Co"

They have given me until the 17th to contact them.

[The Tech Clerk]

Standard template hopeful see what happens next

[Timewilltell]

I usually wait until the solicitor sends a letter or two before sending CCA letter.

[Strepsi]

• Type of account Ikea
• Date commenced 2012
• Approx balance 2000
• Date last paid £1 Token Payments
• Are you on arrangement or not paying?
• Status Defaulted not sure of date
• Account owner Cabot UK Ltd

I've only just seen this post - sorry I overlooked it.

Just to clarify, it was you who felt morally obliged to pay Ikea for the kitchen loan not me, especially when there are potential issues with the actual lender who appears not to be UK based

You may take a different moral approach now that the debt is owned by Cabot Financial (UK) Ltd who are not authorised by the FCA to issue legal proceedings.

It now becomes a legal argument not a moral argument.

Are you still paying?

Di

*Updating diary

Received a letter from Cabot UK in September advising of impending visit from Resolve call, responded to this by sending a CCA request direct to Cabot UK and not Ikea (Ikano BanK).

Letter received last week.

"Thank you for your request for information under sections 77-79 of the CCA 1974. Unfortunately we do not have the relevant information on file, so we will requesting a copy...this they make some time but will write to you within 12 days with an update"

[Strepsi]

Type of Account: Natwest cc d
Date Commenced: 8/2013
Approx Balance: £4210
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): Cabot UK Ltd


Natwest /8/2013 4210

I am not convinced that I have CCA'd this one?!

June 2016
We have been unable to contact you or agree a suitable repayment plan therefore your account details have been passed to APEX Credit Management to act as collection agent and they will be dealing with your account.

December 2016 Wescot
Wescot is a specialist debt collection agency and we have been instructed by our client, Natwest UK Card Services to make contact with you to discuss the outstanding balance on this account and the repayment options available based on your personal circumstances..

January 2017
We have written to you on several occasions asking you to contact us about this account however to date we have not yet agreed a solution...
Last edited by Strepsi; 3 July 2017, 14:22.

**Updated 12/10/2020

Account finally assigned to a DCA June 2020 to Cabot UK Ltd. The letter states that they are the legal owners of the debt.

Since June several letters, but nothing as yet that is deemed threatening...

As it stands I still haven't CCA'd this account.

[Warwick65]

I am not saying you need to CCA them just now (although if they start to threaten I would) but when my NatWest card was sold to Cabot UK , I did CCA them and they were unable to produce the documents - even though Natwest had produced enforceable documents a few years previously. On the back of that I was able to get them to close both my Natwest and Mint cards.

Of course this would be one for Di should they every try anything.

[Joanna Connolly Solicitors]

I am aware that this account still hasn't had a history created, my plan is to do so in the coming week.

Anyway, as mentioned I have never CCA'd this account, I guess now would be the correct time to do so. Just received following letter...

"Your account remains unpaid despite attempts to contact you.

We have assessed your account and established that it meets our initial criteria to be considered for legal action...if you do not contact us within 10 days your account maybe transferred to Howard Cohen & Co"

They have given me until the 17th to contact them.

I'll make my suggestions when you've posted the history, but I will say do not send a s77-79 CCA Request at this point.

No need to reply to their letter at this stage either. The 'threat' is the account may be transferred to Howard Cohen, so wait until that happens and then update your Diary.

From what you say the account has been assigned to Hoist Finance Holdings 3 Ltd. Was that the precise name on the Notice of Assignment or was it one of those subsequent internal assignments?

Read Jo's post here to see if that helps your thinking >

Both of these companies are not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

Their cases, or their predecessors Hoist Portfolio Holding 2 Limited and Hoist Portfolio Holding 2 Limited, rarely reach trial in cases we are involved with. They have not been successful at trial with us.

We look forward to using the same legal arguments in the future against Hoist which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

The Hoist companies also have issues with their assignment process and documentation.

f you are currently defending a claim with either of the Hoist companies, whether stayed or ongoing, or they have obtained a Default Judgment against you and you have any query please post any queries

Di

[Strepsi]

I'll make my suggestions when you've posted the history, but I will say do not send a s77-79 CCA Request at this point.

No need to reply to their letter at this stage either. The 'threat' is the account may be transferred to Howard Cohen, so wait until that happens and then update your Diary.

From what you say the account has been assigned to Hoist Finance Holdings 3 Ltd. Was that the precise name on the Notice of Assignment or was it one of those subsequent internal assignments?

Read Jo's post here to see if that helps your thinking >





Di

From what you say the account has been assigned to Hoist Finance Holdings 3 Ltd. Was that the precise name on the Notice of Assignment or was it one of those subsequent internal assignments?

"We are writing to notify you that Bank of Scotland has assigned all of its respective rights, interest, benefit and entitlement of the above referenced account (including the outstanding balance) to Hoist Finance UK Holdings 3 Limited"