DNW's UE Diary

[nanna58]

Re: DNW's UE Diary

Good plan x

[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.

[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.

[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 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.

[Never-In-Doubt]

Re: DNW's UE Diary

UPDATE

19/02/16 - Received from Cabot - Potential legal action, typical approach is to issue a clain and we might decide to do that.

Hi all, Cabot are like an annoying wasp at the moment with their regular daily (unanswered) phone calls. I've not responded to them in almost two years but now they're getting a little more regular in their contact, is it time to send a response of some kind to distract them again for a while?

Send them the LBA Template as shown here --> http://forums.all-about-debt.co.uk/s...l=1#post541856

[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 flexib
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).

UPDATE

19/02/16 - Received from Cabot - Potential legal action, typical approach is to issue a clain and we might decide to do that.

Hi all, Cabot are like an annoying wasp at the moment with their regular daily (unanswered) phone calls. I've not responded to them in almost two years but now they're getting a little more regular in their contact, is it time to send a response of some kind to distract them again for a while?

[SaltnVinegar]

Re: DNW's UE Diary

Hello all, just stopping by to say hi and I hope everyone is keeping well and has a stress-free and Happy New Year

I don't want to jinx things by posting, but all is still relatively quiet considering we've still got 10 'live' creditors with quite possibly enforceable agreements. I've been getting regular phone calls (unanswered so lots of voicemails left) from Cabot, I think I know which account it is for and if I'm right then it's a pretty small one in the overall scheme of things, so will be expecting them to start writing to me again soon.

Thanks DNW!

Glad to hear that things have not been too 'active'. Long may it continue!

[cymruambyth]

Re: DNW's UE Diary

Hi DNW, thanks for the update and I hope everything stays quiet for you.

[DNW]

Re: DNW's UE Diary

Hello all, just stopping by to say hi and I hope everyone is keeping well and has a stress-free and Happy New Year

I don't want to jinx things by posting, but all is still relatively quiet considering we've still got 10 'live' creditors with quite possibly enforceable agreements. I've been getting regular phone calls (unanswered so lots of voicemails left) from Cabot, I think I know which account it is for and if I'm right then it's a pretty small one in the overall scheme of things, so will be expecting them to start writing to me again soon.

[DNW]

Re: DNW's UE Diary

Shhh I'm keeping a low profile in the hope that the DCA's don't notice me hiding over here in the corner! Thank you for asking though SnV

I've got one going through court at the moment so have been slightly more active elsewhere on the forum of late, but all quiet apart from that. A long way to go yet so I've not lost the dread of picking the post up off the doormat each day, but in general things aren't too bad. I could never have imagined saying that 3 years ago when I first came here

[SaltnVinegar]

Re: DNW's UE Diary

Hi there

All quiet on the western front? Any news?

Best
SnV

[MrsD]

Re: DNW's UE Diary

good plan, what chancers they are

[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)

Update

1. 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.

I'm going to file this for now. If they'd like to push for a review they'll find out that my payments will decrease rather than increase due to cost of living going up, and wages being frozen for a few years.

[DNW]

Re: DNW's UE Diary

Post moved to legal section.