Start of my unenforceabilty journey

[nightwatch]

If you were paying on a DMP it may not have been defaulted as it was deemed under an Arrangement to Pay (AP), now Arrow own it there is no need for them to uphold the arrangement so they can default it, This gives them the right to ask for full payment, Naughty but allowed, you may have to go to OFT.
Did Arrow send you a Default Notice?

[unicorndeva]

If you were paying on a DMP it may not have been defaulted as it was deemed under an Arrangement to Pay (AP), now Arrow own it there is no need for them to uphold the arrangement so they can default it, This gives them the right to ask for full payment, Naughty but allowed, you may have to go to OFT.
Did Arrow send you a Default Notice?

Thanks for your response, Nightwatch. I didn't get a default notice from Arrow. I checked my credit report and saw that it was defaulted. Arrow confirmed in November 2017 that they will no longer be chasing the debt as they can't supply a credit agreement.

How do I go about contacting OFT and what would I say?

[nightwatch]

Thanks for your response, Nightwatch. I didn't get a default notice from Arrow. I checked my credit report and saw that it was defaulted. Arrow confirmed in November 2017 that they will no longer be chasing the debt as they can't supply a credit agreement.

How do I go about contacting OFT and what would I say?

sadly I don't think you would get it removed. as I said you were paying it on an arrangement to pay, this means that creditors don't default it untill you stop paying, you stopped the arrangement so they were within their rights to regester the Default with the CRA(s),
The problem stems from the fact that the AP was never questioned when the account was taken over by Shop Direct,
an AP marker can be on your credit file as long as the payments continue, or as Arrow were doing taking it as upto date.
As you say Arrow have stopped chasing you for it, BUT unless you have any proof of a Default being registered in the past, you remain between a rock and a hard place. The CRA(s) only keep information going back 6 years, or so they say,so sending them a SAR wouldn't help in this case,
Sorry you may have to let sleeping dogs lie.

Unless someone knows different and then they may be able to help

P>S> I meant you should contact the ICO not the OFT

[unicorndeva]

I've just had a doorstep call from Resolvecall. I thought they weren't supposed to do house calls? It turns out it's for my one and only debt that's enforceable (I've been ignoring it... stupid, I know). Should I be worried?

[nightwatch]

I've just had a doorstep call from Resolvecall. I thought they weren't supposed to do house calls? It turns out it's for my one and only debt that's enforceable (I've been ignoring it... stupid, I know). Should I be worried?

it depends what you said to them!! any DCA can send a field agent to call on you, many don't bother, but they are supposed to inform you that some one MAY call
Have you had a letter saying an agent may call?
NW

[unicorndeva]

I had a letter saying to contact Cabot or 'if I'd prefer', they could send one of their representatives to make a personal visit to my home. I didn't respond to it. He asked to speak to me (giving my name) and I confirmed that was me. Once he said who he was I refused to 'go through security' with him. Told him he wasn't supposed to call on me and shut the door. He then put a letter through the door asking me to contact them. They are working on behalf of Cabot.

[Joanna Connolly Solicitors]

I've just had a doorstep call from Resolvecall. I thought they weren't supposed to do house calls? It turns out it's for my one and only debt that's enforceable

Can you guide me to any post on your thread for the history of this Cabot debt (ideally re-quote it with the update), please.

You say the account is enforceable, presumably based on an opinion of the credit agreement which they've produced, but there could be other reasons for the debt to be unenforceable.

Is the debt owner Cabot Financial Ltd or Cabot Financial (UK) Ltd?

Di

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by RBS Mint, managed by Wescot
Credit card
Unsure of start date
£2200
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

CCA requested in Feb Wescot wrote back asking us to write to original creditor. New CCA request sent 15/5/2017

07/06/17 Agreement received. Sent to Niddy for checking.

12/06/17 Sadly, Niddy says it's enforceable

Diana Mayhew, this is the original debt. I haven't updated it but it was sold to Cabot Financial (Europe) Ltd late last year. Niddy looked at the copy agreement and judged that it was enforceable.

[Joanna Connolly Solicitors]

Diana Mayhew, this is the original debt. I haven't updated it but it was sold to Cabot Financial (Europe) Ltd late last year. Niddy looked at the copy agreement and judged that it was enforceable.

So looking at your post above it appears you sent a s 77 - 79 CCA Request to the original creditor (RBS after Wescot DCA rejected your first CCA Request?) in May 2017.

You say it was sold to Cabot Financial (Europe) Ltd "last year" so exactly when last year was that?

You then say you received a credit agreement (from RBS?) in June 2017 which Niddy said was enforceable.

If the credit agreement sent by RBS was enforceable then it might make sense to send a new CCA Request to Cabot who may not have access to the same information

What was the start date of this account - just the approximate year is all that's needed? If you've been sent a credit agreement then it should be on that.

However it's really hard to give appropriate advice if threads aren't updated in 'real time', so if there are any other updates to add to any other of your debt post that would be great.

Di

[Joanna Connolly Solicitors]

Diana Mayhew, this is the original debt. I haven't updated it but it was sold to Cabot Financial (Europe) Ltd late last year. Niddy looked at the copy agreement and judged that it was enforceable.

Do you have the Notice of Assignment?

That should state who actually purchased the debt. Are you sure it says Cabot Financial (Europe) Ltd ?

Look at any letters you've received since then, and on the right hand side there's usually a column of information which includes the name of who owns the debt which can be different from who manages the debt. It matters.

Di

[unicorndeva]

So looking at your post above it appears you sent a s 77 - 79 CCA Request to the original creditor (RBS after Wescot DCA rejected your first CCA Request?) in May 2017.

You say it was sold to Cabot Financial (Europe) Ltd "last year" so exactly when last year was that?

You then say you received a credit agreement (from RBS?) in June 2017 which Niddy said was enforceable.

If the credit agreement sent by RBS was enforceable then it might make sense to send a new CCA Request to Cabot who may not have access to the same information

What was the start date of this account - just the approximate year is all that's needed? If you've been sent a credit agreement then it should be on that.

However it's really hard to give appropriate advice if threads aren't updated in 'real time', so if there are any other updates to add to any other of your debt post that would be great.

Di

Diana Mayhew, thank you for all of your help . The start date of the account was January 2006.
The notice of assignment was sent by Mint on 4th September 2017 stating that Cabot Financial (UK) Ltd are now the legal owners of the debt and that the debt was assigned to them on the 3rd of July 2017. Wescot say they are still managing the account for Cabot.
On the 18th Jan. 2018 I received a letter from Cabot Financial (UK) Ltd stating that they will be taking back management of this account and asking me to contact them. I have since received standard letters from them asking me to contact them in February, March, May and August of this year.
The letter from Resolvecall is dated 23/8/18 but I only received it late last week. They quote Cabot Financial (Europe) Ltd.

Is it still worth sending Cabot a CCA request seeing that they used the same company (Westcot) as RBS to manage the account for a while?

[Joanna Connolly Solicitors]

Diana Mayhew, thank you for all of your help . The start date of the account was January 2006.
The notice of assignment was sent by Mint on 4th September 2017 stating that Cabot Financial (UK) Ltd are now the legal owners of the debt

Is it still worth sending Cabot a CCA request seeing that they used the same company (Westcot) as RBS to manage the account for a while?

I would send a new s 77-79 CCA Request direct to Cabot. Remember to include the £1 statutory fee.

Last time Wescot were acting as the agent for RBS so that will be a completely different file which Cabot would not be aware of nor have access to.

I'm glad I asked about the actual owner which turns out to be Cabot Financial (UK) Ltd. More on that issue later

Di

[unicorndeva]

I would send a new s 77-79 CCA Request direct to Cabot. Remember to include the £1 statutory fee.

Last time Wescot were acting as the agent for RBS so that will be a completely different file which Cabot would not be aware of nor have access to.

I'm glad I asked about the actual owner which turns out to be Cabot Financial (UK) Ltd. More on that issue later

Di

Fantastic, thank you Di.

What do I do if Resolvecall turn up on my doorstep again? I've got children living at home and I don't particularly want them answering the door to them.

[nightwatch]

Fantastic, thank you Di.

What do I do if Resolvecall turn up on my doorstep again? I've got children living at home and I don't particularly want them answering the door to them.

They may not call again as you refused to talk to him, plus, he can only ask your chilblains if you are home,ORRRRRrrrrrr

you can find the template for door step visits, https://all-about-debt.co.uk/forum/t...ment-templates

include that in with your CCA request.
NW x

[unicorndeva]

Originally posted by unicorndeva View Post
Re: Start of my unenforceabilty journey

Owned by RBS Mint, managed by Wescot
Credit card
Unsure of start date 2006?
£2200
Last full payments were in 2010/11
Being paid on a DMP
Defaulted and may not be on our credit file (will have to check).

CCA requested in Feb Wescot wrote back asking us to write to original creditor. New CCA request sent 15/5/2017

07/06/17 Agreement received. Sent to Niddy for checking.

12/06/17 Sadly, Niddy says it's enforceable

July 2017 - Debt assigned to Cabot UK

2018 - Several chasing letters from Cabot

23/8/2018 - Chasing letter from Resolvecall on behalf of Cabot

6/9/2018 - Doorstep visit from Resolvecall

7/9/2018 - CCA request sent to Cabot along with a letter (from templates) disallowing Cabot or their representatives to visit my home without an appointment.