LarimarBlue's UE Diary

[PlanB]

Re: LarimarBlue's UE Diary

Woo hoo!! That's good news - thank you!

Don't get too excited because debt purchasers still try to pull the wool over your eyes with feeble reconstituted documents in the hope that you'll fall for it.

Who was bugging you for this debt? Was it Cabot themselves or did they outsource collection of it to solicitors such as Restons or Mortimer Clarke?

Plan B x

[Pixie]

Re: LarimarBlue's UE Diary

Threads merged.

[LarimarBlue]

Re: LarimarBlue's UE Diary

** UPDATE **

PRA Group were unable to provide information and so I've not heard any more from them.

So at the same time (11 August 2016) I wrote to my other creditor - Cabot Financial - with a CCA Request. I can't remember sending a letter before action - I don't think I did as I it was only PRA that were threatening me at that time. As I'm currently living in Greece (until April - my mail is being redirected - do I have to tell them my Greek address?), I haven't got all my paperwork with me but I vaguely remember them replying saying they couldn't supply the information requested and would be in touch when they have obtained it. I think that was outside the 12+2 days stipulated in my original letter - do I need to get my sister to dig this out for me?

In the letter I sent it said (as you know):

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
1. make the debtor pay the debt before they're supposed to
2. get a court judgment against the debtor


My sister (in the UK) has just opened my mail for me. I've received mail dated 21 November from Cabot Financial saying

"Thank you for your letter received on 12 August. My name is Kathy Cakebread and I'm the consultant that has further investigated your concerns and I hope to help you now by supplying a resolution to this matter.

She goes on to say she's supplied an original signed and reconstituted copy of my credit agreement (with Halifax). My original agreement was in fact with Egg - Halifax took over their accounts. What she's sent does not have my signature on it anywhere. However she says "I can confirm the reconstituted true copy of your credit agreement complies with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. This therefore meets the obligations set out in section 77-78 of the Consumer Credit Act 1974.

She then says:

"We consider that the agreement is now enforceable and therefore we are entitled to obtain County Court Judgement against you. However we would prefer that you work with us to set up a repayment plan to settle your outstanding balance. The outstanding balance is £15,259.12."

And I've started to receive calls to my mobile phone again.

What should I do now?

[Roger]

Re: LarimarBlue's UE Diary

My suggestion is that you ask your sister to scan Cabot's letter PLUS the documentation they have sent you! Then email the scanned copy to Niddy

"..you can email your agreement (unedited) direct to webmaster@all-about-debt.co.uk so long as you first follow this simple guide - Sending your Agreement to Niddy. .."
http://forums.all-about-debt.co.uk/s...reement-to-AAD

[LarimarBlue]

Re: LarimarBlue's UE Diary

Thanks Roger! I'll send a copy to Niddy as you've suggested

My suggestion is that you ask your sister to scan Cabot's letter PLUS the documentation they have sent you! Then email the scanned copy to Niddy

"..you can email your agreement (unedited) direct to webmaster@all-about-debt.co.uk so long as you first follow this simple guide - Sending your Agreement to Niddy. .."
http://forums.all-about-debt.co.uk/s...reement-to-AAD

[nightwatch]

Re: LarimarBlue's UE Diary

Larimar do I take it that you are not living in the UK?
If not, do you own any property here?
How are your ceditors contacting you?

[LarimarBlue]

Re: LarimarBlue's UE Diary

Hi nightwatch. No I'm not living in the UK - I'm in Greece until April 2017 and no, I don't own any property anywhere. My creditors are sending letters to my last proper address (I've not had a fixed abode since September 2011 - I've been house and pet sitting at various locations and occasionally renting a room). My sister owns that property and she's collected it for me. I'm now redirecting mail to my daughter in the UK.

Larimar do I take it that you are not living in the UK?
If not, do you own any property here?
How are your ceditors contacting you?

[nightwatch]

Re: LarimarBlue's UE Diary

You may have been better telling your creditors that you were moving abroad, you did not have to give them your address, that way they would have nowhere to serve court papers, or send mail,

let's wait and see what Niddy says about the CCA you received and we will take it from there,

best wishes NW

[LarimarBlue]

Re: LarimarBlue's UE Diary

Ahhh, I could still that though couldn't I nightwatch? I've just received a reply from Niddy saying it's unenforceable and to ignore them for now. I'll ask him if it's worth my while maybe.

You may have been better telling your creditors that you were moving abroad, you did not have to give them your address, that way they would have nowhere to serve court papers, or send mail,

let's wait and see what Niddy says about the CCA you received and we will take it from there,

best wishes NW

[nightwatch]

Re: LarimarBlue's UE Diary

May be an Idea x

[LarimarBlue]

I just thought I'd write an update on what's happening with my creditors.

Barclaycard: £11,000.11 (originally Egg)

1. This was sold to Hoist Portfolio Holding Ltd on 19/07/17 and they appointed Robinson Way as debt collectors.
2. I have recently received a Letter Of Claim from Howard Cohen & Co Solicitors dated 27/11/17.
3. I am posting a CCA request to Hoist and sending a copy to Howard Cohen today.
4. I am also sending an SAR to Barclaycard today - 15/12/17 - via registered post

Who should I send the LBA to - the solicitors Howard Cohen, or the creditor, Hoist Portfolio?


Cabot Financial: £15,259.12 (originally Halifax)

1. On 11/08/16 I sent CCA request.
2. Cabot sent letter acknowledging my request on 16/08/16 saying they currently do not have the info on file but have requested relevant details, acknowledged the 12 day time limit then said 'however as we have to request details from the original lender I anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.'
3. They did NOT write to me again and I did not receive the information
4. Cabot started to send me a letter every month again from Dec 2016 asking me to pay something and offering me discounts which I have ignored.

What should I do next?


PRA Group: £15,903.79 (originally MBNA who sold to Varde Experto)

1. On 02/06/16 I was notified that PRA Group had bought the outstanding balance from Varde Experto.
2. On 24/06/16 I received a Letter Before Claim from PRA Group citing Varde Experto as the creditor.
3. I responded to PRA on 01/07/16 with CCA request enclosing a postal order for £1 made out to Varde Experto (it was confusing as they cited Varde as the creditor even though they'd told me in their letter on 02/06/16 that they were now the creditor).
4. On 07/07/16 I responded to their letter dated 24/06/16 with the template for Letter Before Action.
5. On 27/07/16 PRA replied re. my request for documentation. They said; "We enclose documentation received to date and are awaiting further documentation to complete your request. I can confirm you will receive no further contact from PRA Group UK Limited until the requested information has been supplied to you."
6. Then on 08/08/16 I received another Letter Before Claim from PRA, this time citing MBNA as the creditor, together with a covering letter where they 'regret that where we wrote: Varde Experto ("the creditor") this was incorrect'.
7. I responded on 11/08/16 with another CCA request with £1 postal order made out to PRA Group and a separate Letter Before Action.
8. PRA replied on 15/08/16 saying they have requested the required information and will contact me to provide an update as soon as possible. They also returned my £1 postal order saying they did not require it to action my request and said they would contact me to provide an update as soon as possible.

I've not heard anything from them since. Is there anything I should do next?

[nightwatch]

Barclaycard- LBA to Choen.

Cabot - carry on as you are, unless they start getting shirty then send a copy of the letter saying they are getting the info, with a short letter saying I still await the information you said you were requesting from your letter of the xx,xx,xx copy enclosed for your info.

PRA, nothing just wait, and wait, and wait

[Still Waving]

RE Barclaycard: Is this Letter of Claim under the new pre-action protocols, ie did it include a 4-page reply form together with guidance notes? If so, the LBA you may be asking about is, I think, no longer the appropriate response.

I stand to be corrected on this, and welcome clarification from the site team.

[LarimarBlue]

RE Barclaycard: Is this Letter of Claim under the new pre-action protocols, ie did it include a 4-page reply form together with guidance notes? If so, the LBA you may be asking about is, I think, no longer the appropriate response.

I stand to be corrected on this, and welcome clarification from the site team.

Hi Still Waving it came with Annex 1 Information Sheet about debt advice and filling in the Reply Form plus the Reply Form boxes A - I to choose from plus a customer financial statement. So I'm guessing this is the new pre-action protocol you're talking about? How should I respond to it?

[Roger]

RE Barclaycard: Is this Letter of Claim under the new pre-action protocols, ie did it include a 4-page reply form together with guidance notes? If so, the LBA you may be asking about is, I think, no longer the appropriate response.

I stand to be corrected on this, and welcome clarification from the site team.

If this is a Letter of Claim look in this section
https://www.all-about-debt.co.uk/for...claimers/page3