Advice Cabot/Resolvecall

[kyl86]

A credit card debt of mine was sold to Cabot in March 2016. I sent a CCA request shortly after and heard nothing back. I then received a letter from Lloyds in December 2018 saying they'd transferred the debt to Cabot (again?) and I received another letter from Cabot in that month wanting payment. I again sent a CCA request to Cabot in Feb 2019 and received a response saying they can't get the CCA and therefore the debt is unenforceable. However, I've received two or three letters since then saying they still want money and I've received another today advising they're instructing Resolvecall to visit my home.

I noticed from another thread that there's a letter I can send to advise them not to have Resolvecall visit me, but I was also wondering if they're saying the debt is unenforceable, is there anyway of having it removed from my credit file or do I need to wait until March 2022 for this and endure (at least) a letter from them every month? I've tried to raise a dispute via totallymoney but it just got rejected.

[Timewilltell]

The debt may be unenforceable but is still there, it will disappear from your credit file after 6 years, but it will still remain, you can not ask for it to be removed as you did default on a debt, it is possible that you will still receive letters relating to the debt after the 6 years, this may be from Cabot it may be from who the sell it too, there are cases I’ve read that even after a debt is proven unenforceable in court that it will be sold on and the process continues.

However all the time it is unenforceable there is very little if anything Cabot or whoever can do to make you pay. But the debt is still there. Does it ever go away - I’ve no idea, does it really affect you moving - not that I’ve experienced.

There may be a more experienced member who may be able to verify how it goes after a court case but at this time I can’t having not seen the inside of a court room!

[The Tech Clerk]

A credit card debt of mine was sold to Cabot in March 2016. I sent a CCA request shortly after and heard nothing back. I then received a letter from Lloyds in December 2018 saying they'd transferred the debt to Cabot (again?) and I received another letter from Cabot in that month wanting payment. I again sent a CCA request to Cabot in Feb 2019 and received a response saying they can't get the CCA and therefore the debt is unenforceable. However, I've received two or three letters since then saying they still want money and I've received another today advising they're instructing Resolvecall to visit my home.

I noticed from another thread that there's a letter I can send to advise them not to have Resolvecall visit me, but I was also wondering if they're saying the debt is unenforceable, is there anyway of having it removed from my credit file or do I need to wait until March 2022 for this and endure (at least) a letter from them every month? I've tried to raise a dispute via totallymoney but it just got rejected.

there is a letter BUT it cannot guarantee no visit, if you get a visit from Resolve call tell them to go away, and they will, as it is usually just an agent (local) on commission, no power at all. an alleged debt may be unenforceable, but it would stay on file for 5 years Scotland or 6 Years England/wales. they usually send lot of letters for a while then usually stop until near end of the period towards falling off file, (we have all been there and some of us still are)

so see what they send next and get the diary done/updated, and keep all letter on file for future reference if needed. read threads and you will see the unenforceable system basics which we try to stick to, unless of course a county court form (N1) arrives but prior to that a PAP stating action is intended to follow? etc but read threads and you will get confidence.

[The Tech Clerk]

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Harassment & Threat of Doorstep-Visit if you do send keep copy on file and send Recorded Delivery

[Joanna Connolly Solicitors]

A credit card debt of mine was sold to Cabot in March 2016. I sent a CCA request shortly after and heard nothing back. I then received a letter from Lloyds in December 2018 saying they'd transferred the debt to Cabot (again?) and I received another letter from Cabot in that month wanting payment. I again sent a CCA request to Cabot in Feb 2019 and received a response saying they can't get the CCA and therefore the debt is unenforceable. However, I've received two or three letters since then saying they still want money and I've received another today advising they're instructing Resolvecall to visit my home.

Have Cabot continued to chase you for this unenforceable debt?

I can see it was assigned to them in March 2016 but when was your last payment to see if you are anywhere near approaching Statute Barred status?

There's also an interesting assignment chain if they assigned it back to Lloyds, who then reassigned it to Cabot again.

What is the exact name of the Cabot which purchased the debt and own it now? Was it Cabot Financial (UK) Ltd since they do not have FCA authorisation.

Jo explains the relevance of this here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di