How do I move on

[Turquoise]

Debt 2:

I have received a CCA01 letter from Cabot acknowledging receipt of my CCA request, and saying "unfortunately we currently do not have the relevant information on file so we will be requesting a copy of the agreement from your original lender, including terms and conditions as well as a statement of your account. This may take some time but we will write with an update within 12 days". They asked me to contact them as I don't have a payment plan set up. Etc etc.

I assume I should not contact them.

Are Halifax legally obliged to give them any information considering that they sold the debt on 5 years ago? Is there anything I should do?

thanks

[The Tech Clerk]

Await their response --- to request payment plan do not contact them

[nightwatch]

Hiya .

This is a normal reply, when DCA's buy a debt, they are not given any information, just who owe's it and how much.
so when you send the CCA they have to ask the original debt owner for it, they tell you it will take longer than the 12+2 days allowed, to try and get round the fact that if becomes UE after the 14 days is up.

Do not contact them, just wait and see what turns up.

enjoy the sun xx

[Turquoise]

Is there a difference in whether the credit was originally applied for online or at a branch?

[nightwatch]

if you applied on line, there will be no signiture, possably a tick box, unless they sent out something for you to sign and send back.
In branch you should/would of signed an agreement of some sort.

[Joanna Connolly Solicitors]

Debt 2:

I have received a CCA01 letter from Cabot acknowledging receipt of my CCA request, and saying "unfortunately we currently do not have the relevant information on file so we will be requesting a copy of the agreement from your original lender . . .

Are Halifax legally obliged to give them any information considering that they sold the debt on 5 years ago?

That would depend on what was agreed in the Deed (of Assignment).

Some say the purchaser can't come back to ask for any documentation; some say the purchaser would have to pay them a sizeable fee for the information which can be a disincentive if they think they can create a recon which might fool you; and some admit that the debt is unenforceable and wish them luck in getting the money out of the debtor

Don't do anything now. Wait until Cabot produce something and then post on here.

At that point I tend to say you should send a SAR to the original creditor to see what really did happen, but don't do that yet in case the data gets 'amended' or 'lost'.

Di

[Turquoise]

Debt 2: Halifax CC with Cabot - haven't had any further response to my CCA request (19 days ago) other than the acknowledgement (see previous post). Does that mean that this is UE or do I need to receive a letter from Cabot stating that?

Debt 1: HSBC Overdraft - this will be my next one to tackle. Can I send a CCA request for an overdraft?

[nightwatch]

Debt 2: Halifax CC with Cabot - haven't had any further response to my CCA request (19 days ago) other than the acknowledgement (see previous post). Does that mean that this is UE or do I need to receive a letter from Cabot stating that?

Debt 1: HSBC Overdraft - this will be my next one to tackle. Can I send a CCA request for an overdraft?

Very rare for Cabot to say it is UE, it is UE until you receive a compliant CCA, they don't like to say it is as only a judge can say that is ' legally UE'
what it means is it is UE as they cannot find your original CCA and they can't enforce in court for you to pay anything unless they find it they will say you need to pay it, the y can ask you for payments, BUT. You do not have to pay.

Yes you can send a CCA for an overdraft.

[Turquoise]

Debt 2: Di had mentioned earlier that I should wait til Cabot responded then send an SAR to Halifax. How long should I wait for? Thank you all for your advice, it's invaluable.

[cymruambyth]

They have yet to supply the required documentation so don’t send off any further letters or speak to them. As long as they have failed to comply it is unenforceable. Never prompt them or let them know that there are any errors! It is difficult but you need to be patient.

[Joanna Connolly Solicitors]

Debt 1: HSBC Overdraft - this will be my next one to tackle. Can I send a CCA request for an overdraft?

Yes you can, and you should.

The debt purchaser may tell you a CCA Request is not relevant because the accout was an overdraft, but they would be wrong. Hopefully this will result in them not complying with your request

Jo explains why this may help to protect your legal position following a recent Appeal decision here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not appeove of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

Di

[Turquoise]

11/06/20 CCA requests sent for Cabot/HSBC Overdraft and Robinson Way/Santander.

[Turquoise]

Debt 2:

Halifax Credit card £7k

Agreement date – April 2007
Account sold to Cabot Credit Management group 26/3/15
I’ve been paying £1 per month throughout.

I’ve taken the following from a recent letter from Cabot:
• Owner: Cabot Financial (Europe) Limited

22/5/20 - CCA request sent to Cabot for Halifax CC.

12/6/20 - Reply from Cabot re Halifax CC – “We’re still processing your request and have contacted the original lender for the relevant information. Until we’re able to provide this information, your account is unenforceable… The Customer Care team will mail you the requested information once we have received it.”

[Turquoise]

Debt 2: I would like to make them an offer as a final settlement to get this closed off. Is now the right time, how much should I offer, is there a template letter, should I stop paying the £1 per month first? Or as Di suggested, should I carry on waiting (how long?) before sending an SAR to Halifax etc? Many thanks again to all of you for your invaluable advice.

[cymruambyth]

Debt 2:

Halifax Credit card £7k

12/6/20 - Reply from Cabot re Halifax CC – “We’re still processing your request and have contacted the original lender for the relevant information. Until we’re able to provide this information, your account is unenforceable… The Customer Care team will mail you the requested information once we have received it.”

Carry on waiting. They have said that they don't have the paperwork. If they supply paperwork, it can be reviewed and then you can decide what to do. If you still want to try and make a final settlement and they paperwork come back as unenforceable then they would accept a lot less. The may not be able to get hold of the paperwork or may tell you that it is unenforceable and then ou may decide not to pay. You must be patient.