How do I move on

[Never-In-Doubt]

As there's an outstanding CCA request, they're in default. Don't worry - just continue as you are and if a claim is issued then let us know - email me so I can get it to Solicitor ASAP.

Try not to worry - as things stand they're in default.

See if Jo says any different, she may suggest action so await an update please.

Joanna Connolly

[Warwick65]

Hi
I assume that £1 per month was because your income is/was low?

This MIGHT just be idle threats at the moment but if they do send a letter of claim you will need to take action. That might be when you send back a copy of their letter to you while at the same time ask for the agreement, default notice, termination notice, notice of assignment, deed of assignment and full statement of account. That usually slows things down quite a bit.

[Turquoise]

Debt 1:

HSBC Overdraft £10k (sole trader current acc in my name)

• Agreement date: 2006

It went to Metropolitan collectors in 2011, I paid them £1 per month.

On 22/4/14 the debt was purchased by Marlin Europe

Marlin changed their name to Cabot Financial (Marlin) on 2/3/15
I continued to pay £1 per month to Cabot.

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

CCA request sent to Cabot June 2020.
12/6/20 - Letter from Cabot "we have received your request, currently do not have relevant info on file, contacting original lender...".
25/6/20 - Letter from Cabot "still progressing your request, have contacted the original lender...".
I have stopped the £1 monthly token payment (standing order, was not a DMP)


April 2021: I have received 2 letters from Cabot:
1. 2 weeks ago: "Your overdue debt requires urgent action" - Cabot threatened to start solicitor legal action because I've stopped making monthly payments. Urged me to take action to avoid CCJ.
2. A week ago: I was advised that I have 21 days before they my account with the solicitors who will send a "Letter before action". And threatened that they would go to CCJ, an enforce Attachment of Earnings, Charging Order and Warrant of Control.

Since receiving a letter in June last year which said that they were unable to enforce this until they had received information from HSBC I have heard nothing re enforcibility. I haven't contacted Cabot.

Please can you advise.

[The Tech Clerk]

They used ominous names in the past of internal collection agencies within the collection departments (which like D G Solicitors ) and got caught over the coals for it, many a CCJ got by them for underhand systems, when they were slapped down they had to change solicitor forms to their Head Solicitor to make them legal) they must know (as HSBC seems to have agents who warn them something is about to happen) as in the past and COULD be trying to cover tracks (Damage Limitation) before something is revealed?????? remember the naughty boy so called Parliamentary committee after the crash the CEOs sat there and was told to say "SORRY"., and then they got away with it, yet due to their actions nobody wanted the public side of their action internally be investigated (Money Talks) . well my cheques is un cashed for a few months to see what/if something blows up??

[Turquoise]

It was an overdraft which defaulted in 2010 (ish), went to 1st Credit, I thought I was paying £1 a month (but there had been an administrative error, or I hadn't changed the payment from First Direct to 1st Credit so it wasn't being recognised) then it was passed to Lester Aldridge Solicitors in 2015. I think the letter before action was sent by 1st credit or Lester Aldridge but I don't think I've got it any more. My family paid the full amount they were asking for as I had young children at the time. I don't know why First Direct have suddenly send me £25 compensation, I haven't done any other banking with them for 10 years.

[Joanna Connolly Solicitors]

The First Direct debt was one that my family kindly paid on my behalf when I received a Letter Before Claim. So it was fully paid up without going to court, in 2015.

Perhaps I should also ask whether the Letter Before Action was sent by solicitors in 2015, and if so who was the firm (possibly DG Solicitors) ?

Di

[The Tech Clerk]

HFC Bank and John Lewis - strange not any them but HSBC itself not subsidiary?

[The Tech Clerk]

. . . .

[Joanna Connolly Solicitors]

The First Direct debt was one that my family kindly paid on my behalf when I received a Letter Before Claim. So it was fully paid up without going to court, in 2015.

Okay, so there’s no history of this debt on your thread.

I can see from your post #94 that you feel £25 may not be enough to compensate you for what happened in 2015.

Do you know of any reason why First Direct should have suddenly decided to revisit this issue five years later?

Can you post up a little more information to see what your options might me.


Di

[Turquoise]

The First Direct debt was one that my family kindly paid on my behalf when I received a Letter Before Claim. So it was fully paid up without going to court, in 2015.

[Joanna Connolly Solicitors]

cheque for £25 from First Direct . . . . I was told that it's compensation because I received a letter before action without prior contact.

I can't see any First Direct debt posted on your Diary. Could it be this one with HSBC (First Direct) which is now owned by Cabot (Marlin)? >

Debt 1:

HSBC Overdraft £10k (sole trader current acc in my name)

• Agreement date: June 2006

It went to Metropolitan collectors in Jan 2011, I paid them £1 per month.

On 22/4/14 the debt was purchased by Marlin Europe

Marlin changed their name to Cabot Financial (Marlin) on 2/3/15
I am still continuing to pay £1 per month to Cabot.

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

CCA request sent to Cabot 11/6/20.
12/6/20 - Letter from Cabot "we have received your request, currently do not have relevant info on file, contacting original lender...".
25/6/20 - Leter from Cabot "still progressing your request, have contacted the original lender...".
I have stopped the £1 monthly token payment (standing order, was not a DMP)

Di

[The Tech Clerk]

I got one as well but they cost me more for fraudulent reporting which I still pay for over above any alleged money owed

[Turquoise]

I have received a letter and cheque for £25 from First Direct, saying they have 'reviewed the quality of service provided by their Credit Services team and identified that it did not meet the standard expected'. On calling them for more details today, I was told that it's compensation because I received a letter before action without prior contact. I remember the letter before action well, it was sent in 2015 and caused me significant and long term stress.

Is anyone able to advise on the process, is it something that I should follow up or just should I just accept the cheque and breathe a sigh of relief that this chapter is coming to an end?

[The Tech Clerk]

await SAR results?

[Turquoise]

I have requested a SAR.
Morecroft have written to acknowledge receipt of my usual monthly payment which I send to Robinsons, asking again for an offer of repayment, and saying that any further payment should be made to them. Should I change my standing order to go to their account instead?