sebaab's diary

[sebaab]

Re: sebaab's diary

Debt 5
Type: Credit Card (M&S)
Start Date: 2006
Balance: 2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Cabot Financial UK Limited
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
4 December 2016 Received letter from M&S Credit Card "we've been trying to contact you" and "We can give you a 40% reduction if you pay us a full and final settlement amount
5 Jan 2017 from M&S "we've now asked Moorcroft Debt Recovery Ltd to take responsibility for your account"
8 Jan 2017 from Moorcroft "Your account has been passed to us. Please contact us to pay"
24 Jan 2017 from Moorcroft "We've been unable to make contact with you"
8 Feb 2017 from Moorcroft "Monthly installment offer. Please call if you wish to take advantage of the offer"
Feb 2017 CCA request sent to Moorcroft
Update Feb '17: Letter received from Moorcroft "We have requested the relevant documentation from our client and will forward it to you when it is received", "We must also stress that we are not seeking to enforce an agreement and have only asked that payment is made towards a debt that is outstanding by way of an affordable payment plan"
Update March 2017 from M&S They have sent me a credit agreement. Will send to Niddy This one is
Update March 2017 from Moorcroft 'As we have complied with your request we will commence collection methods in 2 weeks"
Update March 2017 from Moorcroft "We haven't been able to make contact with you so will continue with debt collection. This may include us or another agency writing to you"
Update Apr 2017 from Moorcroft "monthly Installment Offer"
Update May 2017 from Moorcroft "Discount Offer", "We may be able to offer you a discount from your outstanding balance", "Phone us immediately"
Update June 2017 from M&S "We are writing to inform you that we have asked Fredrickson International to take responsibilty for your account. They will contact you in due course"
Update June 2017 from Fredrickson "M&S Bank have instructed us to contact you regarding the above acccount and all communication should now be with us. Please contact us to discuss your account"

Update February 2018 from M&S Bank "We have transferred ownership of your M&S account to Cabot Financial UK Limited"

Update Februaury 2018 from Cabot Financial "Your account has a new home - we are now responsible for for helping you manage your account...."

Update April 2018 from Cabot Financial "What you should do now", "1. Gather details of your income and expenditure, 2. Call us on 0345 ******, 3. Work with us to agree an affordable payment plan"

Update May 2018 from Cabot Financial "Your outstanding Balance - potential legal action", " What legal action could mean - Our typical approach would be to instruct a solicitor to issue a claim for the amount due and then make an application for a County Court Judgement (CCJ) to be awarded against you" , "Next Steps - we would prefer to avoid legal action and arrange a repayment plan with you directly or talk through other options. If you don't contact us within the next 14 days we will proceed as highlighted above"

Update June 2018 from Cabot Financial "As we have not heard from you we have referred your account to Mortimer Clarke Solicitors", "Mortimer Clarke will want to speak with you in the next 7 days"

Update June 2018 from Mortimer Clarke Solicitors "We need your attention - potential legal action. Please call us on 0333 121 445* ", "If you do not contact us within the next 30 days, Cabot may ask us to issue court proceedings and then we will ask the court to order a county court judgment against you", "If we have not heard from you by 12th July 2018 we are instructed to issue court proceedings against you unless Cabot instructs us otherwise "

Update July 2018 SAR sent to M&S

Update July 2018 from County Court Business Centre "Claim Form", Particulars of Claim "By an agreement between HSBC Re M&S & the defendant on or around **/**/2006 ('the agreement') HSBC Re M&S agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due and the Agreement was terminated. The agreement was as signed to the Claimant. THE CLAIMANT THERETO RE CLAIMS ****.** 2. Costs"

Ok so looks like they've filed a claim to the court for the 2k plus court fee and legal costs totalling 2.25k

[sebaab]

Re: sebaab's diary

Debt 5
Type: Credit Card (M&S)
Start Date: 2006
Balance: 2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Cabot Financial UK Limited
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
4 December 2016 Received letter from M&S Credit Card "we've been trying to contact you" and "We can give you a 40% reduction if you pay us a full and final settlement amount
5 Jan 2017 from M&S "we've now asked Moorcroft Debt Recovery Ltd to take responsibility for your account"
8 Jan 2017 from Moorcroft "Your account has been passed to us. Please contact us to pay"
24 Jan 2017 from Moorcroft "We've been unable to make contact with you"
8 Feb 2017 from Moorcroft "Monthly installment offer. Please call if you wish to take advantage of the offer"
Feb 2017 CCA request sent to Moorcroft
Update Feb '17: Letter received from Moorcroft "We have requested the relevant documentation from our client and will forward it to you when it is received", "We must also stress that we are not seeking to enforce an agreement and have only asked that payment is made towards a debt that is outstanding by way of an affordable payment plan"
Update March 2017 from M&S They have sent me a credit agreement. Will send to Niddy This one is
Update March 2017 from Moorcroft 'As we have complied with your request we will commence collection methods in 2 weeks"
Update March 2017 from Moorcroft "We haven't been able to make contact with you so will continue with debt collection. This may include us or another agency writing to you"
Update Apr 2017 from Moorcroft "monthly Installment Offer"
Update May 2017 from Moorcroft "Discount Offer", "We may be able to offer you a discount from your outstanding balance", "Phone us immediately"
Update June 2017 from M&S "We are writing to inform you that we have asked Fredrickson International to take responsibilty for your account. They will contact you in due course"
Update June 2017 from Fredrickson "M&S Bank have instructed us to contact you regarding the above acccount and all communication should now be with us. Please contact us to discuss your account"

Update February 2018 from M&S Bank "We have transferred ownership of your M&S account to Cabot Financial UK Limited"

Update Februaury 2018 from Cabot Financial "Your account has a new home - we are now responsible for for helping you manage your account...."

Update April 2018 from Cabot Financial "What you should do now", "1. Gather details of your income and expenditure, 2. Call us on 0345 ******, 3. Work with us to agree an affordable payment plan"

Update May 2018 from Cabot Financial "Your outstanding Balance - potential legal action", " What legal action could mean - Our typical approach would be to instruct a solicitor to issue a claim for the amount due and then make an application for a County Court Judgement (CCJ) to be awarded against you" , "Next Steps - we would prefer to avoid legal action and arrange a repayment plan with you directly or talk through other options. If you don't contact us within the next 14 days we will proceed as highlighted above"

Update June 2018 from Cabot Financial "As we have not heard from you we have referred your account to Mortimer Clarke Solicitors", "Mortimer Clarke will want to speak with you in the next 7 days"

Update June 2018 from Mortimer Clarke Solicitors "We need your attention - potential legal action. Please call us on 0333 121 445* ", "If you do not contact us within the next 30 days, Cabot may ask us to issue court proceedings and then we will ask the court to order a county court judgment against you", "If we have not heard from you by 12th July 2018 we are instructed to issue court proceedings against you unless Cabot instructs us otherwise "

Update July 2018 SAR sent to M&S

SAR sent to M&S using the new template. Am very interested to see what they send back

[sebaab]

Sound advice as ever - But do leave it a couple of weeks before you send it - Timing is everything

That way your reply should contain details of contact between Cabot and M&S with any account notes etc

Ahhh I see why it's best to wait now - clever!

[Spud]

Great idea, Diana, thanks. My next step then, is to buy a printer (I need one anyway) and print then send a nice SAR to M&S

Sound advice as ever - But do leave it a couple of weeks before you send it - Timing is everything

That way your reply should contain details of contact between Cabot and M&S with any account notes etc

[sebaab]

Exactly

In the meantime I suggest you send a SAR to M&S to see what data they hold on you. Leave it a couple of weeks.

This might include any recent dialogue between them and Cabot in response to your CCA Request to them (Cabot).

The Transaction Log may ultimately prove to be helpful.

Di

Great idea, Diana, thanks. My next step then, is to buy a printer (I need one anyway) and print then send a nice SAR to M&S

[Joanna Connolly Solicitors]

Hi Diana, many thanks for your response. I wasn't worried about the letters I've received, more concerned about what may come next. So, I'll play the waiting game. I don't think it'll take them long but as you say I can fire a CCA request back at them

Exactly

In the meantime I suggest you send a SAR to M&S to see what data they hold on you. Leave it a couple of weeks.

This might include any recent dialogue between them and Cabot in response to your CCA Request to them (Cabot).

The Transaction Log may ultimately prove to be helpful.

Di

[sebaab]

My answer to that would be the same as my post #188

Try not to feel unsettled by letters threatening legal proceedings because that's what they always say.

You say Mortimer Clarke's letter is only a "vague threat" and not a formal Letter Before Claim, but if you get one of those (a LBC) post up and it may make sense to send a s 77-79 CCA Request at that point since the 'enforceable' credit agreement was sent in response to your request to M & S so things may change once the debt is assigned (i.e. assignment issues etc)

This is post # 188

Hi Diana, many thanks for your response. I wasn't worried about the letters I've received, more concerned about what may come next. So, I'll play the waiting game. I don't think it'll take them long but as you say I can fire a CCA request back at them

[Joanna Connolly Solicitors]

received 2 letters - 1 from Cabot and 1 from Mortimer Clarke Solicitors with a vague threat of court proceedings. Should I take this seriously or continue to ignore? Also included from Cabot was a statement of account covering the last 5 months

My answer to that would be the same as my post #188

Try not to feel unsettled by letters threatening legal proceedings because that's what they always say.

You say Mortimer Clarke's letter is only a "vague threat" and not a formal Letter Before Claim, but if you get one of those (a LBC) post up and it may make sense to send a s 77-79 CCA Request at that point since the 'enforceable' credit agreement was sent in response to your request to M & S so things may change once the debt is assigned (i.e. assignment issues etc)

This is post # 188

From what I can see you sent a s 77-79 CCA Request to the original creditor (M&S) via a DCA (Moorcroft) in February 2017. The credit agreement you were sent in response was considered enforceable.

That was then, this is now.

The debt was subsequently assigned (sold) to Cabot Financial (UK) Ltd who may not have access to the same information/documentation depending on any condition in the Deeds.

I don't know about you, but whenever I move house I always seem to lose stuff along the way

According to you that latest Cabot letter says that their "typical approach would be to instruct a solicitor to issue a claim" . I won't disagree with that statement.

However issuing a claim and winning in court are two very different things. There're many ways to defeat a court claim even if the credit agreement is compliant.

If Cabot Financial (UK) Ltd want to instruct a solicitor then they (the solicitor) will write to you. Post on you thread if/when they do.

Since the 1st October last year (2017) new Pre Action Protocol says that they have to send you a formal Letter Before Claim giving you 30 days to respond before issuing a claim.

Di

[The Tech Clerk]

Diana Mayhew

[The Tech Clerk]

we may this we may that. see what others think

[sebaab]

Re: sebaab's diary

Debt 5
Type: Credit Card (M&S)
Start Date: 2006
Balance: 2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Cabot Financial UK Limited
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
4 December 2016 Received letter from M&S Credit Card "we've been trying to contact you" and "We can give you a 40% reduction if you pay us a full and final settlement amount
5 Jan 2017 from M&S "we've now asked Moorcroft Debt Recovery Ltd to take responsibility for your account"
8 Jan 2017 from Moorcroft "Your account has been passed to us. Please contact us to pay"
24 Jan 2017 from Moorcroft "We've been unable to make contact with you"
8 Feb 2017 from Moorcroft "Monthly installment offer. Please call if you wish to take advantage of the offer"
Feb 2017 CCA request sent to Moorcroft
Update Feb '17: Letter received from Moorcroft "We have requested the relevant documentation from our client and will forward it to you when it is received", "We must also stress that we are not seeking to enforce an agreement and have only asked that payment is made towards a debt that is outstanding by way of an affordable payment plan"
Update March 2017 from M&S They have sent me a credit agreement. Will send to Niddy This one is
Update March 2017 from Moorcroft 'As we have complied with your request we will commence collection methods in 2 weeks"
Update March 2017 from Moorcroft "We haven't been able to make contact with you so will continue with debt collection. This may include us or another agency writing to you"
Update Apr 2017 from Moorcroft "monthly Installment Offer"
Update May 2017 from Moorcroft "Discount Offer", "We may be able to offer you a discount from your outstanding balance", "Phone us immediately"
Update June 2017 from M&S "We are writing to inform you that we have asked Fredrickson International to take responsibilty for your account. They will contact you in due course"
Update June 2017 from Fredrickson "M&S Bank have instructed us to contact you regarding the above acccount and all communication should now be with us. Please contact us to discuss your account"

Update February 2018 from M&S Bank "We have transferred ownership of your M&S account to Cabot Financial UK Limited"

Update Februaury 2018 from Cabot Financial "Your account has a new home - we are now responsible for for helping you manage your account...."

Update April 2018 from Cabot Financial "What you should do now", "1. Gather details of your income and expenditure, 2. Call us on 0345 ******, 3. Work with us to agree an affordable payment plan"

Update May 2018 from Cabot Financial "Your outstanding Balance - potential legal action", " What legal action could mean - Our typical approach would be to instruct a solicitor to issue a claim for the amount due and then make an application for a County Court Judgement (CCJ) to be awarded against you" , "Next Steps - we would prefer to avoid legal action and arrange a repayment plan with you directly or talk through other options. If you don't contact us within the next 14 days we will proceed as highlighted above"

Update June 2018 from Cabot Financial "As we have not heard from you we have referred your account to Mortimer Clarke Solicitors", "Mortimer Clarke will want to speak with you in the next 7 days"

Update June 2018 from Mortimer Clarke Solicitors "We need youtr attention - potential legal action. Please call us on 0333 121 445* ", "If you do not contact us within the next 30 days, Cabot may ask us to issue court proceedings and then we will ask the court to order a county court judgment against you", "If we have not heard from you by 12th July 2018 we are instructed to issue court proceedings against you unless Cabot instructs us otherwise "

received 2 letters - 1 from Cabot and 1 from Mortimer Clarke Solicitors with a vague threat of court proceedings. Should I take this seriously or continue to ignore? Also included from Cabot was a statement of account covering the last 5 months

[sebaab]

From what I can see you sent a s 77-79 CCA Request to the original creditor (M&S) via a DCA (Moorcroft) in February 2017. The credit agreement you were sent in response was considered enforceable.

That was then, this is now.

The debt was subsequently assigned (sold) to Cabot Financial (UK) Ltd who may not have access to the same information/documentation depending on any condition in the Deeds.

I don't know about you, but whenever I move house I always seem to lose stuff along the way

According to you that latest Cabot letter says that their "typical approach would be to instruct a solicitor to issue a claim" . I won't disagree with that statement.

However issuing a claim and winning in court are two very different things. There're many ways to defeat a court claim even if the credit agreement is compliant.

If Cabot Financial (UK) Ltd want to instruct a solicitor then they (the solicitor) will write to you. Post on you thread if/when they do.

Since the 1st October last year (2017) new Pre Action Protocol says that they have to send you a formal Letter Before Claim giving you 30 days to respond before issuing a claim.

Di

Ok I'll sit tight and see what they send next. Thanks Diana

[Joanna Connolly Solicitors]

Please can you advise on this issue and also the latest letter from Cabot regarding legal action. It's only slightly worrying because the debt is enforceable.

From what I can see you sent a s 77-79 CCA Request to the original creditor (M&S) via a DCA (Moorcroft) in February 2017. The credit agreement you were sent in response was considered enforceable.

That was then, this is now.

The debt was subsequently assigned (sold) to Cabot Financial (UK) Ltd who may not have access to the same information/documentation depending on any condition in the Deeds.

I don't know about you, but whenever I move house I always seem to lose stuff along the way

According to you that latest Cabot letter says that their "typical approach would be to instruct a solicitor to issue a claim" . I won't disagree with that statement.

However issuing a claim and winning in court are two very different things. There're many ways to defeat a court claim even if the credit agreement is compliant.

If Cabot Financial (UK) Ltd want to instruct a solicitor then they (the solicitor) will write to you. Post on you thread if/when they do.

Since the 1st October last year (2017) new Pre Action Protocol says that they have to send you a formal Letter Before Claim giving you 30 days to respond before issuing a claim.

Di

[The Tech Clerk]

Diana Mayhew

[sebaab]

Re: sebaab's diary

Debt 5
Type: Credit Card (M&S)
Start Date: 2006
Balance: 2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: M&S
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
4 December 2016 Received letter from M&S Credit Card "we've been trying to contact you" and "We can give you a 40% reduction if you pay us a full and final settlement amount
5 Jan 2017 from M&S "we've now asked Moorcroft Debt Recovery Ltd to take responsibility for your account"
8 Jan 2017 from Moorcroft "Your account has been passed to us. Please contact us to pay"
24 Jan 2017 from Moorcroft "We've been unable to make contact with you"
8 Feb 2017 from Moorcroft "Monthly installment offer. Please call if you wish to take advantage of the offer"
Feb 2017 CCA request sent to Moorcroft
Update Feb '17: Letter received from Moorcroft "We have requested the relevant documentation from our client and will forward it to you when it is received", "We must also stress that we are not seeking to enforce an agreement and have only asked that payment is made towards a debt that is outstanding by way of an affordable payment plan"
Update March 2017 from M&S They have sent me a credit agreement. Will send to Niddy This one is
Update March 2017 from Moorcroft 'As we have complied with your request we will commence collection methods in 2 weeks"
Update March 2017 from Moorcroft "We haven't been able to make contact with you so will continue with debt collection. This may include us or another agency writing to you"
Update Apr 2017 from Moorcroft "monthly Installment Offer"
Update May 2017 from Moorcroft "Discount Offer", "We may be able to offer you a discount from your outstanding balance", "Phone us immediately"
Update June 2017 from M&S "We are writing to inform you that we have asked Fredrickson International to take responsibilty for your account. They will contact you in due course"
Update June 2017 from Fredrickson "M&S Bank have instructed us to contact you regarding the above acccount and all communication should now be with us. Please contact us to discuss your account"

Update February 2018 from M&S Bank "We have transferred ownership of your M&S account to Cabot Financial UK Limited"

Update Februaury 2018 from Cabot Financial "Your account has a new home - we are now responsible for for helping you manage your account...."

Update April 2018 from Cabot Financial "What you should do now", "1. Gather details of your income and expenditure, 2. Call us on 0345 ******, 3. Work with us to agree an affordable payment plan"

Update May 2018 from Cabot Financial "Your outstanding Balance - potential legal action", " What legal action could mean - Our typical approach would be to instruct a solicitor to issue a claim for the amount due and then make an application for a County Court Judgement (CCJ) to be awarded against you" , "Next Steps - we would prefer to avoid legal action and arrange a repayment plan with you directly or talk through other options. If you don't contact us within the next 14 days we will proceed as highlighted above"

Ok so I've been slacking on the updates lately due to various personal reasons I'd rather not reveal in public but lets just say I'm now renting a house and living on my own. The letters I'm receiving are going to my mother's house for some reason! I have no idea how they got my "interim" address (I was staying there for a few months) but this is worrying her somewhat. Please can you advise on this issue and also the latest letter from Cabot regarding legal action. It's only slightly worrying because the debt is enforceable.