DNW's UE Diary

[Never-In-Doubt]

Re: DNW's UE Diary

Thanks Nids, is it a little early to send the LBA as the letter I've received is only from Cabot and not a solicitor? Going from the info on your link, I read it that Option 2 is the closest to my situation so should I maybe send another CCA request? My last request was made in May 14 and they responded with CCA in July 15.

No. Don't send another CCA - they will likely issue a claim so either wait for solicitor letter or send a LBA. It's your choice really.

[DNW]

Re: DNW's UE Diary

Thanks for the confirmation, I'll send the LBA and get a bit of a head start on the inevitable.

[DNW]

Re: DNW's UE Diary

Hitachi Capital

Name                     - Hitachi Capital
Type of account          - Loan
Date commenced           - May 10
Approx balance           - £800
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd)
Account owner            - Cabot

Key:
Them
Me
Other

Activity

1. 13/04/11 DD cancelled letter
2. 14/04/11 Refuse £1 and will default than pass to Recovery
3. 09/06/11 Arrears Notice
4. 12/07/11 Default notice and now passed to Recovery
5. 12/07/11 Discount offer rec'd - 30% of £800 (£247) within 14 days
6. 24/07/11 My letter - counter offer £150
7. 27/07/11 Letter rec'd - £150 refused
8. 17/08/11 CCA Request sent
9. 27/08/11 Letter from Hitachi refusing request for as my letter was unsigned. My letter returned to me for signature.
   
10. 14/09/11 Returned my original letter to them and sent CCA Request - Demand of Signature by Creditor
11. 19/09/11 Letter rec'd from Hitachi still refusing my CCA request until I sign my letter
12. 11/10/11 Letter sent - Unenforceability Templates - Section 3
13. 22/10/11 Letter rec'd - They will still not send CCA without a signed request and will enter into no further correspondance until signature is received
14. 07/11/11 Letter sent - I will report you to ICO for breaching my CCA request, you do NOT need my signature Demand for Sig - Niddy's letter
15. 08/12/11 Letter rec'd - Arrears Notice includes statement showing cashing of PO against my CCA request, however CCA still not yet received (ignored)
    
16. 08/02/12 Letter rec'd - Cabot - "Welcome to Cabot... we have bought this account.. blah blah.. if we don't hear from you within 14 days we'll pass to a collection agency"
17. 09/02/12 Sent Account Sold whilst in Dispute in response
18. 22/02/12 Letter rec'd - Cabot - "...Cabot purchased your debt and were unaware of any disputes with the OC... We have contacted Hitachi to obtain clarification and retrieve relevant documentation. Lack of this documentation does not affect the legality of the debt but merely renders it unenforceable until the agreement is produced. Cabot is not considering legal action at this time therefore your comments are not applicable in this instance. We recommend that you contact us to make payments. We endeavour to respond within 12 days. "(ignored)
19. 24/05/13 Received from Cabot - copy of CCA. (Sent to Niddy by email 20/06/13)
20. 23/06/13 - Niddy says (unsurprisingly)
21. 01/07/13 - Blagging it for now with CCA Query - Missing Prescribed Terms - allaboutDEBT UK
22. 25/07/13 - Received from Cabot - they would like to assure me that a true copy was supplied, and ask which terms I believe were missing
    
23. 19/08/13 - Received from Cabot - They will move to next stage collections if they don't hear from me.
24. 29/08/13 - Sent Final Response - http://www.all-about-debt.co.uk/inde...e-cca-received
25. 19/10/13 - Received from Cabot - You have not told us which terms you believe are missing... it is evident that you are delaying repayment even though you previously made payment which is evidence that you acknowledge responsibility for the account.
26. 30/12/13 - Received from Cabot - Please contact us to discuss payment
27. 07/01/14 - Received from Cabot - Please contact us to discuss payment, we are very flexible
28. 08/03/14 - Considered sending low final settlement offer, but didn't follow it up
29. 12/03/14 - Received from Cabot - You must contact us
30. 07/04/14 - Received from Cabot - Statement & Notice of Arrears
31. 28/04/14 - Received from Cabot - You've been ignoring us so we're referring your account to Marlin Financial Services
32. 03/05/14 - Received from Marlin - We are in the process of advising our client to take litigation action. It is our intention to instruct a solicitor to issue court proceedings to seek a CCJ.
33. 06/05/14 - Sent to Marlin - CCA request
34. 10/05/14 - Received from Marlin - We'll request a copy of your agreement and get back to you
35. 03/03/15 - Received from Marlin/Cabot - We've changed our name and note you're yet to agree a repayment plan. (Filed).
36. 09/07/15 - Received from Cabot - Here's a copy of your agreement now please agree a payment plan. (Filed).
37. 23/01/16 - Received from Cabot - We'd like to help you arrange a payment plan, please contact us. (Filed).
38. 04/02/16 - Received from Cabot - Statement of account showing no transactions March 14 - Feb 15. (Filed).
39. 04/02/16 - Received from Cabot - We've still not heard from you, please contact us to agree a repayment plan. (Filed).
40. 19/02/16 - Received from Cabot - Potential legal action, typical approach is to issue a claim and we might decide to do that.
41. 24/02/16 - Sent to Cabot - LBA

UPDATE

05/03/16 - Received from Cabot - Here's you agreement and statement from July 15. The NOA will be sent separately. We're contacting the OC for for the default and termination notice and will suspend activity while we await this information.


I'll file this and wait to see what happens next.

[nanna58]

Re: DNW's UE Diary

Good plan x

[Pixie]

Re: DNW's UE Diary

I'll file this and wait to see what happens next.

That's what I'd do. It all buys you time

[DNW]

Re: DNW's UE Diary

Hitachi Capital

Name                     - Hitachi Capital
Type of account          - Loan
Date commenced           - May 10
Approx balance           - £800
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd)
Account owner            - Cabot

Key:
Them
Me
Other

Activity

1. 13/04/11 DD cancelled letter
2. 14/04/11 Refuse £1 and will default than pass to Recovery
3. 09/06/11 Arrears Notice
4. 12/07/11 Default notice and now passed to Recovery
5. 12/07/11 Discount offer rec'd - 30% of £800 (£247) within 14 days
6. 24/07/11 My letter - counter offer £150
7. 27/07/11 Letter rec'd - £150 refused
8. 17/08/11 CCA Request sent
9. 27/08/11 Letter from Hitachi refusing request for as my letter was unsigned. My letter returned to me for signature.
   
10. 14/09/11 Returned my original letter to them and sent CCA Request - Demand of Signature by Creditor
11. 19/09/11 Letter rec'd from Hitachi still refusing my CCA request until I sign my letter
12. 11/10/11 Letter sent - Unenforceability Templates - Section 3
13. 22/10/11 Letter rec'd - They will still not send CCA without a signed request and will enter into no further correspondance until signature is received
14. 07/11/11 Letter sent - I will report you to ICO for breaching my CCA request, you do NOT need my signature Demand for Sig - Niddy's letter
15. 08/12/11 Letter rec'd - Arrears Notice includes statement showing cashing of PO against my CCA request, however CCA still not yet received (ignored)
    
16. 08/02/12 Letter rec'd - Cabot - "Welcome to Cabot... we have bought this account.. blah blah.. if we don't hear from you within 14 days we'll pass to a collection agency"
17. 09/02/12 Sent Account Sold whilst in Dispute in response
18. 22/02/12 Letter rec'd - Cabot - "...Cabot purchased your debt and were unaware of any disputes with the OC... We have contacted Hitachi to obtain clarification and retrieve relevant documentation. Lack of this documentation does not affect the legality of the debt but merely renders it unenforceable until the agreement is produced. Cabot is not considering legal action at this time therefore your comments are not applicable in this instance. We recommend that you contact us to make payments. We endeavour to respond within 12 days. "(ignored)
19. 24/05/13 Received from Cabot - copy of CCA. (Sent to Niddy by email 20/06/13)
20. 23/06/13 - Niddy says (unsurprisingly)
21. 01/07/13 - Blagging it for now with CCA Query - Missing Prescribed Terms - allaboutDEBT UK
22. 25/07/13 - Received from Cabot - they would like to assure me that a true copy was supplied, and ask which terms I believe were missing
    
23. 19/08/13 - Received from Cabot - They will move to next stage collections if they don't hear from me.
24. 29/08/13 - Sent Final Response - http://www.all-about-debt.co.uk/inde...e-cca-received
25. 19/10/13 - Received from Cabot - You have not told us which terms you believe are missing... it is evident that you are delaying repayment even though you previously made payment which is evidence that you acknowledge responsibility for the account.
26. 30/12/13 - Received from Cabot - Please contact us to discuss payment
27. 07/01/14 - Received from Cabot - Please contact us to discuss payment, we are very flexible
28. 08/03/14 - Considered sending low final settlement offer, but didn't follow it up
29. 12/03/14 - Received from Cabot - You must contact us
30. 07/04/14 - Received from Cabot - Statement & Notice of Arrears
31. 28/04/14 - Received from Cabot - You've been ignoring us so we're referring your account to Marlin Financial Services
32. 03/05/14 - Received from Marlin - We are in the process of advising our client to take litigation action. It is our intention to instruct a solicitor to issue court proceedings to seek a CCJ.
33. 06/05/14 - Sent to Marlin - CCA request
34. 10/05/14 - Received from Marlin - We'll request a copy of your agreement and get back to you
35. 03/03/15 - Received from Marlin/Cabot - We've changed our name and note you're yet to agree a repayment plan. (Filed).
36. 09/07/15 - Received from Cabot - Here's a copy of your agreement now please agree a payment plan. (Filed).
37. 23/01/16 - Received from Cabot - We'd like to help you arrange a payment plan, please contact us. (Filed).
38. 04/02/16 - Received from Cabot - Statement of account showing no transactions March 14 - Feb 15. (Filed).
39. 04/02/16 - Received from Cabot - We've still not heard from you, please contact us to agree a repayment plan. (Filed).
40. 19/02/16 - Received from Cabot - Potential legal action, typical approach is to issue a clain and we might decide to do that.
41. 24/02/16 - Sent to Cabot - LBA
42. 05/03/16 - Received from Cabot - Here's you agreement and statement from July 15. The NOA will be sent separately. We're contacting the OC for for the default and termination notice and will suspend activity while we await this information. (Filed, no action necessary).

UPDATE

30/06/16 - Received from Cabot - Here's a copy of your Default Notice. Please contact us to arrange payment.

Hi all, I'm back with the latest update from Cabot - I'm not sure whether to respond as (further to their letter in March) they didn't send NOA or termination notice, only the DN. Or should I file it until they start snapping at my heels again?

[nightwatch]

Re: DNW's UE Diary

I think I, would be tempted to file it for now.

[DNW]

Re: DNW's UE Diary

Egg 2

Name - Egg 2
Type of account - Credit Card
Date commenced - Jan 07
Approx balance - £6000
Date last paid - Mar-11 
Arrangement/not paying - No Payment
Status - In Arrears 
Account owner - Lender

Key:
Them
Me
Other

Activity

1. 26/04/2011 Payment overdue
2. 09/05/2011 DD reminder and card stopped
3. 13/06/2011 Contact us to discuss letter
4. 24/06/2011 Contact us to discuss letter
5. 11/07/2011 Contact us to discuss letter
6. 24/07/2011 My letter - request interest freeze and no change in circumstances.
7. 29/07/2011 Letter from Capital Credit Agencies - contact Egg else we'll instruct local agent
8. 17/08/2011 CCA Request sent
9. 30/08/2011 CCA Received and uploaded for Niddy's perusal via secure section
10. 31/08/2011
11. 05/11/11 - Default Notice received. As you're continuing to make token payments, no further action to be taken at this time.
12. 01/04/12 - Ceased token payments.
13. 22/06/12 - Received from BC - Account details of where to make new payments to. (Filed - await further contact)
14. 05/02/14 - Received from Barclaycard - formal demand for payment and sorry we've been reporting inaccurate info to the CRA's.

Update

01/07/17 - Received from Barclaycard - we're transferring your account to Hoist Portfolio who have chosen Robinsonway to act for them. (Filed).

I didn't realise quite how long it was since I'd had to post any updates And now I'm here with the same update for two accounts. I've noticed they seem to be sending this same letter out to a few people, and I think this account should be SB somewhere around April next year, so I'm hoping they'll drag their feet a bit - I know I will be as much as I can

[DNW]

Re: DNW's UE Diary

Egg 1

Name - Egg
Type of account - Credit Card
Date commenced - July 2002
Approx balance - £6,800
Date last paid - Mar-11 
Arrangement/not paying - No Payment
Status - In Arrears 
Account owner - Lender

Key:
Them
Me
Other

Activity

1. 07/04/11 DD Cancelled letter
2. 07/04/11 DD cancelled and payment reminder
3. 12/04/11 Accept £1 token payment and suspend interest and charges for temp period. Default in due course.
4. 26/04/11 DD reminder
5. 20/05/11 Card not to be renewed
6. 09/08/11 Card withdrawn and cancelled
7. 17/08/11 CCA Request sent
8. 27/08/11 CCA received - sent to Niddy via secure section
9. 31/08/11
10. 05/11/11 - Default Notice received. As you're continuing to make token payments, no further action to be taken at this time.
11. 01/04/12 - Ceased token payments.
12. 23/06/12 - Received from BC - Account details of where to make new payments to(filed - await further contact)
13. 05/02/14 - Received from Barclaycard - formal demand for payment and sorry we've been reporting inaccurate info to the CRA's.
14. 01/07/17 - Received from Barclaycard - we're transferringyour account to Hoist Portfolio who have chosen Robinsonway to act for them. (Filed).
15. 14/08/17 - Received from Barclaycard - NOA to Hoist Portfolio. Robinson Way have been appointed to collect. (Filed)
16. 17/08/17 - Received from Hoist - NOA, Robinson Way have been appointed to collect. (Filed)

Update

17/08/17 - Received from Robinson Way - Please contact us to agree payment plan else we could refer your account to our solicitors to issue claim.


I'd like to drag this out a while as I'm fairly sure (I need to go back through bank statements to double check) that this should be SB somewhere around April next year, so should I just file this for now?

[Roger]

So this is Robinson Way's first letter?
There is No specified time or date for you to contact tem is there?
I think you can file this and if they start becoming heavy a SWID might be appropriate the CCA was 6 years ago?
What you might consider is sending a SRA to Barclaycard and seeing just what they actually have on file.
Look at Westham1 latest entries and His SRA
https://www.all-about-debt.co.uk/for...14#post1498714

Di advice to him
You can request a SAR online from Barclays using this link, but it may 'time out' after a while so then you'll have to Google "Barclays Subject Access Request" >

https://www.apply.barclays.co.uk/for...execution=e1s1

Di

[DNW]

Thanks Roger, yes this is RW's first letter to me so I think I will sit tight and await their next letter.

[Westham1]

I sent my SAR request to Barclaycard card in Knutsford and exactly 40 days after they signed for it I received it (along with somebody else's). They haven't cashed the £10 cheque yet.

[DNW]

Re: DNW's UE Diary

Mint

Name - Mint
Type of account - Credit Card
Date commenced - Dec 2003
Approx balance - £2,700
Date last paid - Mar-11 
Arrangement/not paying - Token Payment
Status - In Arrears (DN Rec'd) 
Account owner - Lender/DCA?

Key:
Them
Me
Other

Activity

1. 13/04/2011 Received letter won't action as unsigned
2. 18/05/2011 Notice of arrears
3. 24/05/2011 Default Notice
4. 20/06/2011 Account closed and will be passed to DCA
5. 06/07/2011 Triton Credit Services now dealing with account
6. 24/07/2011 My letter - request interest freeze and no change in circumstances - sent to Mint & Triton
7. 21/07/2011 Letter from Mint asking me to complete new Financial Statement
8. 01/08/2011 Acknowledge my complaint re interest, unable to action due to lack of signature
9. 17/08/2011 CCA Request sent
10. 03/09/2011 Letter received - they are disappointed that I didn't reply to their previous letter (I assume their request for signature) and that I haven't attempted to increase my payments. They are prepared to assist me but only when they have my full co-operation
11. 13/09/11 CCA received which has been uploaded for Niddys perusal
12. Niddy says
13. 11/10/11 Letter sent to Mint - online account access has been blocked, send me paper statements or I will not continue with token payments
14. 28/10/11 No acknowledgement to my letter, but paper statement received
15. 03/11/11 Letter from Mint - they are suspending interest and charges (temporarily)
16. 23/04/12 Letter from Mint - Asking for a payment review
17. 04/05/12 Sent a letter telling them we're currently seeking help from an advisor and will continue with £1 payments in the meantime.
18. 25/05/12 Letter from Mint - Asking for offer of repayment, telephone contact details and reason for financial difficulties.
19. 22/06/12 - Sent copy of Cashflow financial statement and covering letter of pro rata payment offer (payments to remain at token £1 until they've agreed to accept the offer).
20. 28/07/12 Letter from Mint - accepting revised payment offer for 12 months and no collection activity or interest applied so long as £8 monthly is paid.
21. 24/06/13 - Received from Mint - Letter asking me to contact them to review payments as previous arrangement has been in place for 12 months. (filed)
22. 31/10/14 - Received from Mint - Letter asking me to contact them to review payments as previous arrangement has been in place for 12 months. (filed)
23. 25/05/15 - Received from Mint - Letter asking me to contact them to review payments as previous arrangement has been in place for 12 months. (filed)
24. 04/01/16 - Received from Mint - Letter asking me to contact them to review payments as previous arrangement has been in place for 12 months. (filed)
25. 29/06/17 - Received from Mint - Letter to say Mint have partnered with Westcot who will manage the remainder of my plan (filed)
26. 13/07/17 - Received from Wescot - We're now dealing with this account, no action required currently. (filed)

UPDATE

29/08/17 - Received from Mint - NOA to Cabot. Wescot are to manage the account and you should move your agreed payments from Mint to them. You can carry on paying Mint but it will take longer to show on your records..

They signed off their letter with a very polite "Have a nice day"!

This is one of the few accounts I'm making token payments on still (I'm not really sure why, I think it's mostly because they were 'nice' at the beginning of all this). I'll leave payments to Mint as they are for the time being and move them to Wescot at some point in the future when they moan a bit louder.

[Roger]

I notice that the last CCA was August 2011.
As this has just been Assigned to CABOT if it was me I would send a CCA to Cabot 6 years is time enough for the filing to get lost!!!
In the meantime and until they turn up with something I would stop payments.

[nanna58]

Might be an idea to quickly drop Niddy aline just to check after all Cabot will try anything , BTW have a nice. day .xx