sebaab's diary

[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

[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]

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!

[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]

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

[Shotley]

When Mortimer Clarke wrote to you in June, was it a Letter Before Action? Seems a bit daft to ask you just to contact them by phone. Isn't it protocol to issue Letter Before Claim with all the tick boxes etc?

What a shower of barstools they are!

[Still Waving]

When Mortimer Clarke wrote to you in June, was it a Letter Before Action? Seems a bit daft to ask you just to contact them by phone. Isn't it protocol to issue Letter Before Claim with all the tick boxes etc?

What a shower of barstools they are!

I was about to ask the same question. I had a quick look back at the history, and the OP said it was a "vague threat" from MC. The new Protocols require that a formal Letter Before Action, enclosing the 4-page questionnaire and a I&E form, is sent before a claim is issued.

[cymruambyth]

Get in touch with Diana Mayhew di@joannaconnollysolicitors.co.uk before you do anything.

[Shotley]

I would have thought that if they had indeed sent a Letter Before Claim, it would have been abundantly clear so the OP could have taken appropriate action. Unless they intend to argue their 'vague threat' constituted a valid LBC.

[sebaab]

Looking back through my letters, the letter from Mortimer Clarke was an LBA I didn't realise it at the time. There is a sheet titled "Letter of Claim details" and a few sheets with tick boxes. So, what to do next? In my defence, the letters have been sent to my mum's address, who I do not see that often. I was living there for a bit earlier in the year. Don't have a clue how they got that address!

[Roger]

Get in touch with Diana Mayhew di@joannaconnollysolicitors.co.uk before you do anything.

Do exactly what cymruambyth says!!

[sebaab]

Get in touch with Diana Mayhew di@joannaconnollysolicitors.co.uk before you do anything.

email sent! Thanks

[sebaab]

Re: sebaab's diary

Debt 6
Type: Credit Card (Santander)
Start Date: 2006
Balance: 2.3k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: up to date
Account Owner: (Was SCL Collections) Now Santander
Key:
sent
received
other information

Start of Diary:
Oct 2016 DMP direct debit cancelled. Payments stopped
Dec 2106 from Santander "Notice of Sums in Arrears"
Jan 2017 from Santander "Please make a payment", "We may be charging you fees for missing payments"
Jan 2017 from Santander "Notice of Default Sums"
Jan 2017 from Santander "Please call us urgently"
Feb 2017 "We need you to repay the outstanding overdue amount", "if you don't you will need to pay the whole outstanding balance instead of just the arrears"
Feb 2017 CCA request sent to Santander
Feb 2017 Letter From Santander "As you have not made a payment to clear the arrears, we now need you to clear the full balance outstanding of £x,xxx. Please make a payment by ringing us on xxxxxxxx"
Feb 2017 Checked Royal Mail and CCA Request Letter hasn't been delivered yet (Posted 1st class signed for on 10th Feb)
Feb 2017 from Santander (in response to my CCA request) "please find enclosed a copy of your Credit Agreement, T&C's & Statement of Account" Niddy says
Feb 2017 from Santander Late payment charge and Interest on balance transfer added to debt
Uddate March 2017 from Santander "The above debt is still outstanding. If you do not make payment a default will be recorded on your account. Please call us"
Update March 2017 from Santander Notice of default sums. "We've charged for missed payments" + Balance transfer interest has been added to the total. "You have failed to make a minimum payment"
Update Apr 2017 from Santander "We may register a default if your arrears are not repaid. As you've not cleared the outstanding amount on your credit card, we have sent you a Default Notice served under section 87(1) of the Consumer Credit Act 1974 which you will receive in the next few days. As well as the Default Notice, you will also receive another letter confirming that if this amount isn't repaid within 28 days of the date on the letter, we will be advising credit reference agencies that you have defaulted on your account. This default will remain on your credit file for 6 years and may impact you getting credit in the future. It's also possible that your account may be passed to a debt management company who will manage it on our behalf. However, should this happen, we will always let you know in advance. Please note that once the default is registered with the credit reference agencies we'll close your account and any payment we receive afterwards will be used to reduce the outstanding amount."
Update Apr 2017 from Santander "This is a default notice served under Section 87(1) of the Consumer Credit Act 1974", "Provision of Agreement Breached", "Failure to pay overdue amount"
Update Apr 2017 from Santander "We are writing to tell you that we plan to advise credit reference agencies that you have defaulted on your account because of your arrears balance. We will do this in 28 days time if you have not repaid your outstanding balance or been in touch with us so we can come to an agreement to repay this amount in full"
Update Apr 2017 from Santander "Notice of Sum in Arrears", "your account is now 2 payments in arrears. Please contact us as soon as possible"
Update Apr 2017 from Santander "Notice of Default Sums - Default Charge due to late monthly payment = £12.00. Balance Transfer Interest charged = £40.00"
Update May 2017 from Santander "Notice of Default Sums - Default Charge due to late monthly payment = £12.00. Balance Transfer Interest charged = £40.00"
Update June 2017 from Wescot Credit Services "(In bold lettering) Our enquiries have indicated you are resident at the address above but we have not yet agreed a solution for this account with you", "It is essential that you contact us urgently to take control of this issue" .....blah blah nothing important.
Update Dec 2018 from drydensfairfax solicitors "We are solicitors instructed by our client, Santander UK Plc, to obtain payment of the amount xxxxxx or to take appropriate recovery action should you fail to pay. Please contact us by xx December 2018 to agree a satisfactory solution to this matter.
Please go to (drydensfairfax website) to register which will allow you to make secure payments or contact us via our secure message service.
Please do not underestimate the seriousness of this matter. It is most improtant that you make payment or contact us by xx December 2018 to discuss your current circumstances."

So not heard anything for a while and then this pops through the door. Anything to worry about?

[sebaab]

Re: sebaab's diary

Debt 7
Type: Credit Card (RBS)
Start Date: 2010
Balance: 1.2k
Last full Payment (min payment): Nov '12. Since then arrangement via DMP to Sept 2016
Paying by: not paying
Status: default
Account Owner: Wescot Credit Services
Key:
sent
received
other information

Start of Diary:
11 Oct 2016 DMP direct debit cancelled. Payments stopped
24 Dec 2016 from Wescot Credit Services Ltd "contact us directly to discuss your situation"
Feb 2017 CCA request sent to Wescot
Feb 2017 letter from Wescot "Following your recent request for a copy of the signed agreement , our client has requested you write to the following address and state in your covering letter that this is section 77/78 request and enclose a £1.00 postal order or cheque payable to our client (******address of client here*****), trusting the above clarifies the situation"
Nov 2017 letter from Cabot Financial "Our offer to you. We are prepared to reduce the balance to help you become free blah blah. If you'd like to contact us blah blah"
Update - Dec 2018 letter from Resolvecall "We are acting on behalf of Cabot Financial (Europe) LTD who have purchased this account from RBS WESCOT BROKEN PAYERS. We have been instructed to contact you to put you back in touch with Cabot who will aim to find an amicable resolution which is affordable, based on your circumstances.We would ask you to contact Cabot within 7 days to discuss this matter. Please do not ignore this letter. Act now to have a positive discussion about your account."

So now I'm classsed as a broken payer

[Warwick65]

So not heard anything for a while and then this pops through the door. Anything to worry about?

is this just a letter or does it ask you to fill out forms and say if you dispute the debt etc

I am trying to work out if the letter is a Letter of claim or not.

If not, personally I would do nothing at the moment. If it is a letter of claim, maybe you need to do something