Flossy UE Diary & YB Hassle

[Flossy]

Hi,

I would like to give the history of this credit card debt that was with the Yorkshire Bank who sold it to Cabot despite an written agreement with YB to accept £1pm for 3 months.

Again, I have been with the bank for about 20 years and I have been a good customer. I have never been in debt and always paid my credit card bill (lowers amount) on time every month.

The outstanding amount after charges, etc £11482.02 Credit Limit £10300. They let me go over this amount to pay for things.

During 2010 I asked the bank on various occasions if they could just help due to my health getting worse by stopping/cutting back on the interest so I could try and get myself back on my feet a bit but they always refused despite knowing how ill I was.

December 2010 I went to CCCS and did what they advice with paying £1pm for all my creditors due to my debt getting out of control. YB ignored this letter and me for months. I stopped paying the account while I waited for them to agree £1pm offer. (I know I should have paid something now!)

They continued to add charges, interest, etc to the account until they finally acknowledged me on 16th May 2011 and agreed reduced monthly payments of £1pm starting 26th May 2011.

I did this without fail or being late.

They continued to add interest until 7th June 2011 when they defaulted me.

20th July Jeremy Sutcliffe & Co solicitors wrote to me saying that I should clear the whole balance. When I called them and explained they said to disregard the letter and that I was fine to make the payments as normal.

25th July 2011 the bank wrote to me saying that they were prepared to accept £1pm for a further 3 months starting 1st August.

26th July I received another letter from the bank saying the same thing about accepting the payments for a further 3 months but starting the 6th August!

12th October 2011 I received a letter from Cabot Financial informing me that they had recently bought the debt, etc

I called them and explained there was a plan in place with the bank. They just said that they now own the debt and how was I going to pay the full amount? I explained my personal circumstances and asked if they would accept £1pm (as I would have been paying with YB) and they refused and said it would be passed to their litigation team and put the phone down on me.

I have continued to pay both YB and Cabot £1pm since.

24th November 2011 Cabot wrote to me saying 'thank you for your payment. Where applicable, we'll continue to charge interest on your account until we've agreed a repayment plan.

I wrote to the bank re Cabot being sold the debt despite having a written plan in place with them and using BCOB and threatening legal action against them.

I also wrote to Cabot asking for some more time hoping to be able to get help before they issue court papers. I have had that time and need something now to delay them????

3rd January 2012 Cabot wrote to me advising that they now own the debt

5th January2012 Cabot wrote to me thanking me for the recent payment but that there is no agreed payment plan currently in place.

That's is the last letter.

I really need to know what to do next as I really do not want this to go to court. I would like to do something to get them off my back or maybe a F&F at 1/4 of the price??? What even suggested I need to do this week before they start with issuing any court papers.

Thanks

[mauijim]

Re: Yorkshire Bank Credit Card & Cabot

Hi and welcome

I would not worry about them issuing court papers, that is highly unlikely. I have been in this situation (still am in some cases) and that is something you needn't worry about.

DO NOT phone anybody and that includes the bank, the solicitor and the debt collection agency (DCA). Always communicate in writing and keep a record of all letters. When you write to any of them always send it Signed For so you have proof.

You will need to ensure all the following information is provided and then the next course of action can be advised. You may be advised to send some templates but it is very easy - NEVER sign anything, just print your name e.g. A N OTHER

• Type of account (credit card/loan)
  
• Date commenced (ideally before Apr 2007)
  
• Approx balance
  
• Date last paid (approximate date you last made a FULL payment)
  
• Are you on arrangement or not paying
  
• Status (default/in arrears/up-to-date)
  
• Account owner (who is writing to you, a DCA or the lender)

You've already provided some of it but put it in this format and then someone from Niddy's crew will be along.

Good luck

MJ

[Flossy]

Re: Yorkshire Bank Credit Card & Cabot

Credit Card account ( as noted at the top)

With Yorkshire Bank approx. 20 years - well before 2007

Balance ££11482.02 Credit Limit £10300

Was up to date as of December 2010 - I couldn't keep up after that from January 2011 - now

Pay £1pm to both Yorkshire Bank and Cabot - even though Cabot now own the debt as the payment plan was with the bank!

Cabot now own the debt as of 12th October 2011 - less than 3 months agreement I had with the Yorkshire Bank.

Cabot chasing the debt as they now own it.

Account Yorkshire Bank - Defaulted 7th June 2011

Date started paying £1pm - May 2011 - to date for now both Yorkshire Bank and Cabot (even though YB have sold on the debt)

Date last paid full (minimum amount) December 2010.

[Flossy]

Re: Yorkshire Bank Credit Card & Cabot

Account Yorkshire Bank - Defaulted 7th June 2011

Date started paying £1pm - May 2011 - to date for now both Yorkshire Bank and Cabot (even though YB have sold on the debt)

Date last paid full (minimum amount) December 2010.

[mauijim]

Re: Yorkshire Bank Credit Card & Cabot

Well then I would suggest sending this CCA Request

Remember.

• Send it Signed for
• Enclose a £1 postal order
• Sign the letter digitally

Send it to Yorkshire Bank (just read your subsequent post send it to Cabot if they have bought the debt.)

I hope that helps.

MJ

[garlok]

Re: Yorkshire Bank Credit Card & Cabot

Well now Cabot own the debt they have als become responsible for all of the liabilities and obligations required under the agreement they are alleging exists. Hence my take on this as every new owner (debt purchaser in Absolute) comes along is to start the pain by serving a s78 request on them. It is likely with the age of the account that the docs will not be available. 12 +2 days after serving it, they have to have responded with the goods or fall into default themselves.

They cannot also recon an agreement which does not exist whatever woffle they give you about "Carey" et al. They cannot cherry the best bits of the law as they please and we know Cabot can be a tough cookie but they can be brought to heel.

If you are serious about the uE route I would also stop paying the tokens as well. This at least starts the statute barred clock and all our template letters are worded carefull so as to NOT acknowledge the debt in any way.

regards
Garlok

[mauijim]

Re: Yorkshire Bank Credit Card & Cabot

Well now Cabot own the debt they have als become responsible for all of the liabilities and obligations required under the agreement they are alleging exists. Hence my take on this as every new owner (debt purchaser in Absolute) comes along is to start the pain by serving a s78 request on them. It is likely with the age of the account that the docs will not be available. 12 +2 days after serving it, they have to have responded with the goods or fall into default themselves.

They cannot also recon an agreement which does not exist whatever woffle they give you about "Carey" et al. They cannot cherry the best bits of the law as they please and we know Cabot can be a tough cookie but they can be brought to heel.

If you are serious about the uE route I would also stop paying the tokens as well. This at least starts the statute barred clock and all our template letters are worded carefull so as to NOT acknowledge the debt in any way.

regards
Garlok

As Garlok pointed out, Cabot own the debt so send the CCA request to them - I did edit my post when I saw YB had sold the debt. Also, if they have sold it, why are you paying them £1? Stop the payments as Garlok said and send the CCA Request

[Never-In-Doubt]

Re: Yorkshire Bank Credit Card & Cabot

Woah!!!

I suggest you read my last pm that clearly explains the plan of action.

[Flossy]

Re: Yorkshire Bank Credit Card & Cabot

I was paying the YB as I had a written agreement with them of £1pm for 3 months from the 1st Sept 2011 - 1st Nov 2011 but, they sold the debt on before the end of the agreement I had!

How can I stall them in the mean time as they are getting ready to start issuing court claims due to me not paying them the amount outstanding?

If I stop paying them altogether and the issue court papers before the CCA gets back to me what can I do? I am just worried that if it gets to court or at least the paperwork and the debt is enforced and I haven't paid anything I will not get much sympathy from a judge?

[Never-In-Doubt]

Re: Yorkshire Bank Credit Card & Cabot

First - sort court
second - sort other debts
third - retrospectively deal with any mis-sale and DDA/COBS etc

Right now forget everything other than sending a cca request off for all accounts including bank account. We discussed this, you need to do that and speak to solicitors.

Nothing else at this stage. Nothing. No stressing, nothing. Just send the cca's off ASAP!

[Never-In-Doubt]

Re: Yorkshire Bank Credit Card & Cabot

You have it in your head they're about to start proceedings - thus you must send cca off ASAP as if they then issue papers they'll lose - you must do it and do it now.

If they start action, that's a huge "if", we worry about it at that time. Stop stressing over something that has not yet occurred. Unless you send the cca you're leaving yourself wide open.

The judge will have sympathy based on your illness and the treatment, stress and suffering caused by the dca to date with the bank account. You need a chance to defend it which is where our solicitors come in. Let them worry about fighting the dca on your behalf.

[Never-In-Doubt]

Re: Yorkshire Bank Credit Card & Cabot

Hi Flossy

Ok, this is what you need to do - ensure you send each creditor that you owe money to one of these: ---> Our Templates | Unenforceability Templates | CCA Request

You should send two to Cabot to cover both YB accounts. When you start to get responses then let us know here and we will be able to help with what to do next. If you have already sent the CCA's then fine, stop stressing - that's good.

Second, you need to chase Paul and Gwyn (Gwyn works alongside Paul at the same firm of solicitors, if Paul cannot help then Gwyn may be able to, I do not know the ins-and-outs, you need to chase them directly to get that answer). This should take care of the current action by Cabot regards the overdraft. It is the solicitors that you mention the ill health, pre agreements etc as this would help form a solid defence - bear in mind you had an agreement from YB saying they are happy to accept £X per month, they then assign it and the assignees take court action within the agreement period - this is a breach of almost all governing regulations and guidance so the more ammunision the better.

The third issue is the one regards the advice to date and the 'experiment' - this is totally separate and something I've confirmed via PM that we cannot really say too much about for obvious reasons, this is linked to the current claim as it was partly that 'advice' given that led you to behave and do what you did, i.e. end up in court - so hopefully Gwyn will be able to link the two together and deal with both issues separately but within the same casefile. It may be Paul that want's to deal with the 'advice' issue, that is something I simply do not know.

I do not work for the solicitors, I cannot therefore ask them questions on your behalf as this breaches DPA - I am suggesting what you need to do - ergo, it's now down to you to try and contact them and see what is going on.

Unless you sign to appoint them then they are not doing anything with your case, so right now I would assume they are looking over things weighing up the facts and chances of success.

Now then, that brings us pretty much upto date with what needs to be done. You're then left with the mis-sale due to ill health elements, the 'advice' thing and the long-term plan - we will deal with all this at the very end once everything else has been sorted, as beleive it or not it is all linked. For instance Gwyn may use the mis-sale and 'advice' given against the current CCJ claim thus resulting in a good result for you, which he could then use against other lenders so right now it's a nightmare to preempt likely scenarios as everything is kinda intertwined....

I'm not pissed off or snotty with anything, I am simply trying to get you to understand the processes used and why we use them.

I hope the above explanation does, explain things to you in a format that is clear and precise.

Niddy :niddy

[Never-In-Doubt]

Re: Yorkshire Bank Credit Card & Cabot

Hiya

Capital One CC - this is

They only have the signed copy of the application, there are no linked terms and none were provided. To satisfy s.78 they need to send terms as at inception PLUS current ones, therefore this account is currently unenforceable.

You ought to respond with this: ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

[Flossy]

Re: Yorkshire Bank Credit Card & Cabot

Well thats one good thing thats happened to me so far... Lets hope that the bigger debts are also unenforceable! This is the lowest debt I have...

Thanks Niddy. I will now more on with the next letter and send today.

[Never-In-Doubt]

Re: Yorkshire Bank Credit Card & Cabot

Right, the hassle you're getting from creation - send a quick letter and change your phone number. Use our number for now, to stop the calls coming through: ---> Free Number to Issue Creditors