Cabot saying they've checked my CRF and think i can pay more or face a CCJ

[malamute]

Debt: Egg with Cabot for over 10 years
Current Balance 9733
Defaulted 2009 came off file in 2015.
Been making £1 per calendar month (by standing order) for years never missed.

Received a letter today:


"thank you for your commitment to pay, we like to make sure your payments match your situation. We think you can pay more and would like to discuss it with you. We are able to obtain personal data from credit reference agencies and by using this we believe you may have had an improvement in your financial situation.

Its important that we hear from you, we're considering passing your account to our solicitors. Our solicitors will then look to obtain CCJ."

Can they check my file without consent?

Can I remove this consent?

Given the sheer age of the debt would they/could they go as far as a CCJ? Or is it the Ifs/would/could/might - just a spur to get an increased payment?

Thanks in advance!!

[Warwick65]

Hi

Yes they can do searches on your file , not sure why they think this, do you now have credit you are servicing? I ask this as it was after I started getting credit that Lowell issued a claim against me - which was defeated thanks to our lovely Jo and Di.

However, two questions,
1) Have you ever done a CCA request to Cabot for this debt?
2) Exactly which incarnation of cabot own this ?

[malamute]

Hi - thanks for your reply.

I do have new credit (albeit 12 months into a 60 month fixed term agreement) all kept up today etc. Nothing else.

1. I believe it is enforceable - at the beginning of my journey back in 2009 i did a CCA request and egg was deemed to be enforcecable (i'll dig out my UE diary posted here).
2. Cabot Financial

Thanks again

[nightwatch]

same question as warwick,
plus it is way off a CCJ.
is it Cabot financial (europe) or UK

It really annoys me when DCA'S say " pay up or get a CCJ, they still have to send all the Pre Legal Assessment forms 1st,
lot's of people will panic thinking court papers are about to be served and a CCJ is in the post next.

I did get a letter like this, Quite a while ago, i may add,
I wriote back saying;

Thank you for your letter of xx/xx.

I do not understand where you get the Idea that I can pay more, If you have looked at my credit report you would see that

1 I have no assets,
2 I have no Mortgage, so no house to give you
3 I have no job
4 I have no income, so ask who I am borrowing off to pay you

This means that the Idea of you getting anymore money out of me than the £1.00 a month I am Paying to you and the 25 othet people claiming I owe them money , is as hopeful as a holiday on Mars next summer.

Yours Mrs NW x

Please do not send this letter, they may have lost their sense of humor

[Joanna Connolly Solicitors]

Debt: Egg with Cabot for over 10 years
Current Balance 9733
Defaulted 2009 came off file in 2015.
Been making £1 per calendar month (by standing order) for years never missed.

Hello

I've taken a look at your thread on this debt here > https://all-about-debt.co.uk/forum/d...reased-payment

You say you sent a CCA Request some years ago that was deemed enforceable which is why you have continued to pay.

However the law evolves so what was enforceable then may not be now.

And even if the credit agreement is enforceable that doesn't mean the debt owner has complied with all their other statutory duties. Have you received an annual Notice of Sums in Arrears from Cabot?

When was this debt assigned to Cabot?

Maybe this request for more money is an opportunity to take another look at this debt.

Firstly, who is the precise owner of the debt? Is it Cabot Financial Ltd, Cabot Financial (UK) Ltd, or Marlin (MFS) etc? It matters because FCA authorisation may be an issue for them (more on that later).

Secondly, was this Egg credit card from 2008 bought by Barclaycard before it was assigned to Cabot?

Your original post says the s78 CCA Request was sent to Egg but that doesn't mean Cabot can comply. Don't send a new CCA Request just yet - I'd like to know a bit more information before suggesting that.

Re: Cabot suddenly increased payment



Its an egg card that defaulted in 2008 for around 14k and been paying Cabot ever since and the balance is £10103 now.

The CCA was sent to egg in 2011 when i joined AAD Forum and it was deemed enforceable.

Di

[malamute]

Hello

I've taken a look at your thread on this debt here > https://all-about-debt.co.uk/forum/d...reased-payment

You say you sent a CCA Request some years ago that was deemed enforceable which is why you have continued to pay.

However the law evolves so what was enforceable then may not be now.

And even if the credit agreement is enforceable that doesn't mean the debt owner has complied with all their other statutory duties. Have you received an annual Notice of Sums in Arrears from Cabot?

When was this debt assigned to Cabot?

Maybe this request for more money is an opportunity to take another look at this debt.

Firstly, who is the precise owner of the debt? Is it Cabot Financial Ltd, Cabot Financial (UK) Ltd, or Marlin (MFS) etc? It matters because FCA authorisation may be an issue for them (more on that later).

Secondly, was this Egg credit card from 2008 bought by Barclaycard before it was assigned to Cabot?

Your original post says the s78 CCA Request was sent to Egg but that doesn't mean Cabot can comply. Don't send a new CCA Request just yet - I'd like to know a bit more information before suggesting that.





Di

Thank you so so much!

And even if the credit agreement is enforceable that doesn't mean the debt owner has complied with all their other statutory duties. Have you received an annual Notice of Sums in Arrears from Cabot? No

When was this debt assigned to Cabot? I'll check

Firstly, who is the precise owner of the debt? Is it Cabot Financial Ltd, Cabot Financial (UK) Ltd, or Marlin (MFS) etc? the letter footnote states it is Cabot Financial (Europe) limited is an AR of cabot credit management group limited - FRN 677910.

[Warwick65]

You both beat me to it

Malamute, my enforceable cca was defended because there was no DN- well I say enforceable CCA but that was never tested in court. The judge ruled no DN no CCJ. I had a very pleasant day in court for more than one reason :-)

[Joanna Connolly Solicitors]

the letter footnote states it is Cabot Financial (Europe) limited is an AR of cabot credit management group limited - FRN 677910.

Check back in your files to see exactly which legal entity was assigned the debt at the time, which is different to who is managing the debt.

If you've not been served with a Notice of Sums in Arrears every six months then the debt is likely to be unenforceable under s86 CCA until or unless they remedy the issue > http://www.legislation.gov.uk/ukpga/...d-default-sums

Don't make them aware of their errors though in case they correct them.

Di

[malamute]

Hi

I don’t have a deed of assignment.

Should I do an SAR request? But to whom?

thank you!

[Joanna Connolly Solicitors]

Hi

I don’t have a deed of assignment.

Should I do an SAR request? But to whom?

I've looked back through your thread from 2013.

In it you said that Cabot was assigned the debt in 2009 > https://all-about-debt.co.uk/forum/d...-egg-crp/page2

I appears from this post that you sent your CCA Request to Egg in 2011 although the debt had already been assigned to Cabot (in 2009) >

Re: Canada Square Operations & Egg & CRP

Yes - I sent Canada Square a brand new cca request + £1 as normal.

At that time of your thread (2013) you possibly sent a SAR to Egg for the account history in relation to your Card Protection reclaim which was successful (you got a £500 refund ). It seems that the documents you received from Egg may not have included a credit agreement.

So assuming I've understood the situation (please correct me if I'm wrong) my suggestion would be to send a new s78 CCA Request to Cabot together with the £1 statutory fee. Send it Royal Mail Recorded Delivery.

If Cabot can't/don't comply within the statutory time-frame then the debt would become unenforceable until or unless they do comply.

See what happens, but Cabot may regret asking you to pay them more money than they're already getting from you.

Di

[The Tech Clerk]

CCA Request

[malamute]

Thank you!! will be sending that today recorded with the fee.

[The Tech Clerk]

recorded delivery keep copy on file of all

[Joanna Connolly Solicitors]

Thank you!! will be sending that today recorded with the fee.

Sending the CCA Request should help to protect your legal position if Cabot do issue a claim if/when they haven’t been able to comply.

Under Pre Action Protocol they or their solicitors should send you a Letter of Claim giving you 30 days to respond before any claim is issued.

Post up their response, and don’t talk to them on the phone.

Di

[malamute]

Hi All,

By way of update - the cheque for £1 was debited from my account on 28th October, I've otherwise received nothing from Cabot - not even an acknowledgement. I don't see on my statement if the cheque was put against the debt.

Thanks in advance