Johng27 - My diary

[Johng27]

Hi Di,

In response to your queries -

"The credit agreement may be enforceable but that's not the same thing as the debt being enforceable in court for various other reasons.

Can you just clarify when you ceased to pay anything to Lombard for the credit card which you say you were advised the credit agreement was enforceable (in 2016?), and when you last had any correspondence from them. Last payment was 8th Sept 2016

If it was over two years ago (last time your Diary entry was updated was June 2018) then maybe you shouldn't draw attention to yourself. LAst correspondence was June 2018

Post up what has happened since 2018 (if anything)." so nothing since then according to my letters.

[Joanna Connolly Solicitors]

Hi Di,

In response to your queries -

Last payment was 8th Sept 2016

LAst correspondence was June 2018

so nothing since then according to my letters.

If you’ve had no communication from Lombard for over two years you could leave this alone until they make contact. Have you moved house since June 2018 in case they write to a previous address?

You also say your last payment was almost four years ago which could be another reason to keep your head down as you inch towards Statute Barred status.

Di

[Johng27]

Debt 2 - Lombard Credit Card

Type of account - Credit Card agreement
Date commenced 8th April 2002
Approx balance - £6044.36
Date last paid - 8th September 2016
Are you on arrangement or not paying - Arrangement to pay
Status - Default gone off credit file
Account owner Now Cabot UK Limited

This debt has now been assigned to Cabot as per my update in the diary. This is the first I have heard from this debt for 2 years. I now expect the usual bombardment from Cabot. They followed up with a look forward to hearing from you letter. This debt has an enforceable CCA but I understand that Cabot Financial UK will have problems in taking it to court although they may try it on. The fact it is Cabot that has bought the debt feels like I am in a better position as it is enforceable from a CCA viewpoint but they have their own challenges. Anything else I should do besides keeping an eye on it ? The good news is that I am at 4 years now for Statute barred

[nightwatch]

Debt 2 - Lombard Credit Card

Type of account - Credit Card agreement
Date commenced 8th April 2002
Approx balance - £6044.36
Date last paid - 8th September 2016
Are you on arrangement or not paying - Arrangement to pay
Status - Default gone off credit file
Account owner Now Cabot UK Limited

This debt has now been assigned to Cabot as per my update in the diary. This is the first I have heard from this debt for 2 years. I now expect the usual bombardment from Cabot. They followed up with a look forward to hearing from you letter. This debt has an enforceable CCA but I understand that Cabot Financial UK will have problems in taking it to court although they may try it on. The fact it is Cabot that has bought the debt feels like I am in a better position as it is enforceable from a CCA viewpoint but they have their own challenges. Anything else I should do besides keeping an eye on it ? The good news is that I am at 4 years now for Statute barred

nothing to do, just file and await their next gushing letter,
cabot may not know if it is enforceable or not, they just buy the debt not any information about it, so just sit tight and file away

NW

[Warwick65]

When you say there was an enforceable CCA, who supplied it, was it Cabot or a previous owner . I know from experience that once a debt gets sold, the new owner may not be able to access the CCA.

Also of course an enforceable CCA does not mean it is enforceable debt. I had an enforceable capital One agreement- just one problem- they had forgotten to send a S87 Default Notice

[Joanna Connolly Solicitors]

Re: Johng27 - My diary

Debt 2 - Lombard Credit Card

Type of account - Credit Card agreement
Date commenced 8th April 2002
Approx balance - £6044.36
Date last paid - 8th September 2016
Are you on arrangement or not paying - Arrangement to pay
Status - Default gone off credit file
Account owner Lombard Direct (OC) - Westcott now collecting

Confirmed by Niddy as enforceable however I am going to act dumb and see how far it goes

6th October 2016 received from Wescot - Our records show we have not received payment IGNORED
10th October 2016 Phone call and voicemail received from Wescot - IGNORED
11th October 2016 Phone call and voicemail received from Wescot - IGNORED
12th October 2016 Phone call and voicemail received from Wescot - IGNORED
13th October 2016 Phone call and voicemail received from Wescot - IGNORED
14th October 2016 Phone call and voicemail received from Wescot - IGNORED
16th October 2016 Phone call and voicemail received from Wescot - IGNORED
15th October 2016 from Wescot - We wrote to you on 5th October (err your letter dates 6th !!)... Please contact us urgently IGNORED
11th January 2017 from Lombard Direct - We have been unable to contact you so we are assigning to Moorcroft IGNORED
30th January 2017 from Moorcroft - Your account details have been passed to us by Natwest Card Services IGNORED
01 February 2017 from Moorcroft sent to my new address - We are attempting to contact the named person and have been provided your address as a possible address for our customer IGNORED
14th February 2017 from Moorcroft - Your account has been passed to us by Natwest Card services IGNORED
25th February 2017 from Moorcroft - We do not appear to have received contact from you in relation to previous letter IGNORED
14th March 2017 from Moorcroft - Monthly instalment offer. Failure to respond in 7 days may leave us with no option but to recommence collection activities IGNORED
28th March 2017 from Moorcroft - We are aware that we have failed to agree an affordable repayment. Our options are continue to contact you by letter or phone or instruct a local representative to arrange a call at your home IGNORED
12th April 2017 from Moorcroft - Our records show no contact so we have passed to our home collection division IGNORED
13th July 2017 from Lombard Direct - Our collection agents have been unable to contact you therefore we have your details have been passed to Allied International IGNORED
31st July 2017 from Allied International - Your account details have been passed to us by Lombard Mastercard to act as a collection agent IGNORED
22nd Feb 2018 from Robinson Way - Our client Natwest has asked us to agree an affordable repayment plan IGNORED
8th March 2018 from Robinson Way - We help lots of people like you everyday. We may be able to get you a reduced settlement IGNORED
19th May 2018 from Robinson Way - Please contact us asap to agree your repayment plan IGNORED
4th June 2018 from Robinson Way - Your payment options etc... IGNORED
3rd Sept 2020 from Cabot - Welcome to Cabot letter. Also contains a page stating that Cabot Financial UK Limited has acquired the account and is now the legal owner. They state that this a notice of assignment - IGNORED
27th Sept 2020 - We look forward to hearing from - FILED

You say the credit agreement for this credit card opened in 2002 was deemed enforceable in 2016 following your s78 CCA Request to Lombard.

Four years later the debt has been assigned to a debt purchaser who may not have access to the data still held by Lombard.

Definitely don't send a new s77-79 CCA Request at this stage.

Also Cabot Financial (UK) Ltd do not have FCA authorisation so there's a legal question mark as to whether they should issue legal proceedings, but that may not stop them from trying.

Jo explains this here >

The Cabot group of companies have issues with their assignment process and documentation, as was shown in our recent cases of MFS Portfolio V Phelan & West. We won this case at appeal, following days of argument and counter argument. Part of the judgment confirmed our position both on assignment and that personal account overdrafts are subject to the regulatory framework of the Consumer Credit Act, including S.78 CCA 1974.

The judgment, however, was not all in our favour. The Circuit Judge ruled in favour of MFS Portfolio on a point relating to the use of servicing agents to avoid authorisation by the Financial Conduct Authority under the para 55 FSMA 2000 servicing exemption which we believed to be wrong. However, as we had won the appeal for our client, we were unable to appeal this judgment to the Court of Appeal.

We did however 2 months later obtain another Circuit Judge decision in the Idem Capital Securities Limited case that debt purchasers who are not authorised cannot issue proceedings in the county court regardless of whether there is a para 55 FSMA 2000 servicing agreement in place. Idem did not appeal the judgment.

We currently have other cases going through the courts, which will hopefully obtain binding decisions both on lack of authorisation by the Financial Conduct Authority and other issues too.

Di

[Johng27]

Thanks Di. I plan to let them send the barrage of letters and see what they try

[Johng27]

When you say there was an enforceable CCA, who supplied it, was it Cabot or a previous owner . I know from experience that once a debt gets sold, the new owner may not be able to access the CCA.

Also of course an enforceable CCA does not mean it is enforceable debt. I had an enforceable capital One agreement- just one problem- they had forgotten to send a S87 Default Notice

It was Lombard that sent the CCA about 4 years ago

[Warwick65]

It was Lombard that sent the CCA about 4 years ago

well as Di also said, the new owners might not be able to get their hands on the agreement but no point in asking them- in case at some point it turns up.

I would just do what Di says and see what happens

[Joanna Connolly Solicitors]

Debt 2 - Lombard Credit Card

Type of account - Credit Card agreement
Date commenced 8th April 2002
Approx balance - £6044.36
Date last paid - 8th September 2016
Are you on arrangement or not paying - Arrangement to pay
Status - Default gone off credit file
Account owner Now Cabot UK Limited

This debt has now been assigned to Cabot as per my update in the diary. This is the first I have heard from this debt for 2 years. I now expect the usual bombardment from Cabot. They followed up with a look forward to hearing from you letter.

Did you receive a bombardment of letters from Cabot since the assignment in September?

Di