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  • DNW
    replied
    Re: DNW's UE Diary

    Thanks Ken, so CCA request, sold in dispute or something else entirely? Which do you think would be most appropriate in my circumstances?

    I'm still wondering about making a settlement offer. It's the smallest debt I've got so don't really want to run the risk of a claim for this one when I've got far bigger fish to fry in the long-term game.
    Last edited by DNW; 5 May 2014, 18:52.

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  • ken100464
    replied
    Re: DNW's UE Diary

    Cabot is Marlin. They brought them out earlier on this year

    So next desk but in a different town so to speak

    Seen alot of this Cabot moving accounts to Marlin over last couple of weeks,

    Leave a comment:


  • PlanB
    replied
    Re: DNW's UE Diary

    In other words they've brought in the bully boys which is odd since Cabot are quite capable of bullying people themselves.

    I'm still leaning towards the idea of sending Marlin a new CCA request.

    Leave a comment:


  • DNW
    replied
    Re: DNW's UE Diary

    Thanks for the reply Plan B

    I think Cabot still own it, I've not received a Notice of Assignment - they just said they were referring it to Marlin. Marlin have referred to Cabot as 'their client'.

    Leave a comment:


  • PlanB
    replied
    Re: DNW's UE Diary

    Your're right when you say Marlin don't tend to mess around. My initial reaction would be to send them a new CCA request since they will probably have no idea of the history of this account (with any luck).

    See what others say first because you may be one step away from that although you say this account is enforceable so your options may be limited.

    Have Cabot sold this debt to Marlin? They refer to "our client" which suggests Cabot are still the owner of the debt. They may wish to advise their client (i.e. Cabot ) to take legal action but that's not the same as them taking legal action using Mortimer Clarke solicitors.


    Originally posted by DNW View Post
    28/04/14 - Received from Cabot - You've been ignoring us so we're referring your account to Marlin Financial Services

    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.

    Leave a comment:


  • DNW
    replied
    Re: DNW's UE Diary

    Originally posted by DNW View Post
    Hitachi Capital
    Code:
    Name                     - Hitachi Capital
    Type of account          - Loan
    Date commenced           - May 10
    Approx balance           - £825
    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 £825.91 (£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


    UPDATE

    28/04/14 - Received from Cabot - You've been ignoring us so we're referring your account to Marlin Financial Services


    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.


    Hello folks, Cabot have referred my account to Marlin, and I've heard that Marlin don't tend to mess around and go pretty much straight for the jugular. I received a letter from them yesterday, dated 29 April, and giving me 7 days to respond (with the Bank Holiday day 7 is Tues). Should I email a response to them and follow up with a special delivery letter which they'll receive Wednesday?

    I'm not really quite sure how to respond.. I'm still thinking maybe negotiating a settlement might be the best way to go with this but would be grateful to receive suggestions.

    Thanks


    Edit: The letter I received is exactly the same one that Beefy received and posted up yesterday: http://forums.all-about-debt.co.uk/s...l=1#post394820
    Last edited by DNW; 4 May 2014, 22:21.

    Leave a comment:


  • MrsD
    replied
    Re: DNW's UE Diary

    agree with Elsa

    you're only aware of this because you are getting phonecalls, but it seems to me they phone as a first response, (because it scares peeps) but eventually if they get nowhere with the phone they resort to writing.

    when we were a year in to UE, we took on new broadband and phone contracts and there was an option to change your phone number, and we did, so we have no idea who (if anybody) is phoning us, it fair sets your mind at rest. I must apologise sometime to the poor bugger who got our old number, it must be driving them mad....................

    Leave a comment:


  • Undercover Elsa
    replied
    Re: DNW's UE Diary

    It's never too late to negotiate, but as you're 3 years into Statute Barred I'd think carefully before making an offer. It's entirely up to you and how you view the harassment.
    If you do, never start with your best offer..if you offer £200 they'll ask for more.
    Their letters will probably cycle round to offering you a discount so might be best to stall till then?...see what others think

    Leave a comment:


  • DNW
    replied
    Re: DNW's UE Diary

    Originally posted by DNW View Post
    Hitachi Capital
    Code:
    Name                     - Hitachi Capital
    Type of account          - Loan
    Date commenced           - May 10
    Approx balance           - £825
    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 £825.91 (£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


    Hi all, long time no post on this thread - no news is good news and all that!

    I've had a few letters from Cabot over the last couple of months, none that worried me or warranted a response, but I've also been getting a lot of phone calls recently (unanswered of course) but it's made me wonder if perhaps it might be a good time to make them a settlement offer - seeing as it's coming to the end of their financial year, might they be more agreeable to a low settlement just to get it off the books?

    The debt was around £825, so I'm guessing they'd have bought it for about £80 - if I could settle at £200 or less, I would be happy to have it out of the way. Have I left it too late to negotiate with them during their 'most receptive' period?

    Leave a comment:


  • The Tech Clerk
    replied
    Re: DNW's UE Diary

    Originally posted by MrsD View Post
    DNW If you've entered an arrangment with that mob, I'd just ignore all requests for an update, you're paying, leave it at that, unless you can't afford the payment then do a very short

    My circumstances have changed drastically, therefore from blah date, your payment will be £0.06p. This new payment will commence on blah blah. These review letters are just automated. Don't let them bully you

    spendthrift! lol

    Leave a comment:


  • MrsD
    replied
    Re: DNW's UE Diary

    DNW If you've entered an arrangment with that mob, I'd just ignore all requests for an update, you're paying, leave it at that, unless you can't afford the payment then do a very short

    My circumstances have changed drastically, therefore from blah date, your payment will be £0.06p. This new payment will commence on blah blah. These review letters are just automated. Don't let them bully you

    Leave a comment:


  • Pixie
    replied
    Re: DNW's UE Diary

    If it's worse I'd tell them!

    Leave a comment:


  • DNW
    replied
    Re: DNW's UE Diary

    Originally posted by DNW View Post
    Mint

    Code:
    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.





    UPDATE


    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.


    Do we still have someone on the forum able to sign off Cashflow? Or should I write back simply saying that our situation is unchanged from the last assessment they had? If anything, it's worse now than it was 12 months ago.

    Leave a comment:


  • DNW
    replied
    Re: DNW's UE Diary

    Thanks Pixie

    I'm doing my best to drag this ostrich head back out of the sand so I've another updated account to post in a min.

    Leave a comment:


  • Pixie
    replied
    Re: DNW's UE Diary

    If you want to carry on blagging, I would send http://www.all-about-debt.co.uk/inde...e-cca-received

    Leave a comment:

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