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

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  • Diana Mayhew
    replied
    Originally posted by malamute View Post
    will be sending that today recorded with the fee.

    So what did you receive from Cabot in response to your s77-79 CCA Request for this Egg credit card from 2009 which you sent them (Cabot) in October?

    Are you still paying them?

    Di?

    Leave a comment:


  • nightwatch
    replied
    Most DCA's do this, they apply it to your account so it looks like a payment, then they take it off the account at a later stage,

    some can be very naughty and keep it on the account, then when you say the account is SB, they try and claim that you made the payment to the account.
    this is why we ask you to keep your diary up to date and keep copies of letters sent.

    As TTC says UE untill agreement is sent,

    Leave a comment:


  • The Tech Clerk
    replied
    keep copy of debit taken attached to your copy of request, you will not hear about the deposit but you have proof of request now, Cabot like many have to contact originator but tend to tell you but as request goes past 12 + 2 days unenforceable until and if they supply compliant etc

    Leave a comment:


  • malamute
    replied
    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

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by malamute View Post
    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

    Leave a comment:


  • The Tech Clerk
    replied
    recorded delivery keep copy on file of all

    Leave a comment:


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

    Leave a comment:


  • The Tech Clerk
    replied
    CCA Request

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by malamute View Post
    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) >

    Originally posted by malamute View Post
    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

    Leave a comment:


  • malamute
    replied
    Hi

    I don’t have a deed of assignment.

    Should I do an SAR request? But to whom?

    thank you!

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by malamute View Post
    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

    Leave a comment:


  • Warwick65
    replied
    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 :-)

    Leave a comment:


  • malamute
    replied
    Originally posted by Diana Mayhew View Post

    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.

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by malamute View Post
    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.


    Originally posted by malamute View Post
    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
    Last edited by Diana Mayhew; 3rd October 2019, 15:11.

    Leave a comment:


  • nightwatch
    replied
    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

    Leave a comment:

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