Start of my unenforceabilty journey

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Link, original creditor MBNA
Credit card
1994
£2450
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).

15/05/2017 CCA returned and checked by Niddy as UE

09/09/2018 - Several chasing letters have been sent since last updated

[unicorndeva]

Owned by Link originally MBNA
Credit card
Started 2006
£7900 outstanding
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 returned and checked by Niddy - UE
Owned by Link

09/09/2018 - Several chasing letters have been sent sincle last updated

[unicorndeva]

Owned by PRA Group original creditor, Egg
Credit card
Unsure of start date
£6100
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 request Feb 2017

Letter from PRA group saying they're still awaiting requested info and the account is on hold until they receive it.

10/06/17 Letter from PRA group enclosing a credit agreement from Barclaycard/Egg which is actually just the T's and C's (no copy agreement attached) and it is also for the incorrect person - same name as my OH but a completely different address in a town that neither of us have ever visited let alone lived in. PRA group have deemed it unenforceable until further info is received... do I just file away?
01/08/2017 - Statement of account from PRA

[unicorndeva]

PRA Group, originally Barclaycard
Credit card
Unsure of start date
£1866.78
Last full payments were in 2010/11
Being paid on a DMP
Both defaulted and may not be on our credit file (will have to check).

CCA request sent Feb 2017

01/05/17 Letter from PRA Group saying they are still awaiting the requested documentation and the account is on hold until they receive it.
03/06/17 Letter from PRA Group enclosing a letter from Barclaycard saying there's a reconstituted copy of the credit agreement including terms attached (but it only looks like the terms are attached and those terms give one address for me on one part and another address for me on another part). PRA Group have said they currently deem the account as unenforceable and then give the usual blurb about how they still have the right to chase it etc.
05/09/17 - PRA sent statement of account

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by Link, originally Barclaycard
Credit card
Unsure of start date
£1000
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 Feb 2017

15/06/17 Letter from Link returning a CCA from Barclaycard which is actually just the T's and C's (no agreement), but it has two different addresses on. Sent to Niddy for checking.

29/06/17 Niddy says it's UE

5/9/2018 - Several chasing letters from Link this year

[unicorndeva]

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

Owned by NCO-Arrow/Capquest, originally Empire stores
Catalogue
Started in 1998
£1900
Last full payments were in 2010/11
Being paid on a DMP
Shown by Arrow as being satisfactory???

CCA request Feb 201
23/5/17 Letter from Arrow saying they're still awaiting the requested info.
1st Nov 2017 - Letter from Arrow confirming that they are unable to provide a copy agreement and that they will no longer be chasing the debt!

5/12/2017 Letter from Arrow defaulting the account.

[unicorndeva]

Re: Start of my unenforceabilty journey

So here goes with all of our debts:

Owned by Natwest, managed by Wescot
Bank loan and overdraft (combined by creditor for the DMP)
Loan commenced in July 2007, overdraft bank account commenced in the 1980's
£18800 outstanding
Last full payment in 2010/11
Being paid on a DMP
Defaulted


CCA request sent end of Feb 2017. Wescot wrote back advising us to request it from Natwest direct.
New CCA request sent 15th May 2017

23rd Oct 2017 - Letter from NatWest admitting the debt is unenforceable but asking us to pay anyway. I'll guard this with my life! [/QUOTE]

Sept 2018 - Several statements of account have been sent since last up dated.

[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.

[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]

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.

[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]

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, 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

[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

[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.