CCA received

[Warwick65]

Thank you for that, it does help.

The letter you have just received, did it have a section for replying, filling out an income and expenditure form or anything like that, or was it just a single page letter?

[Toots]

Thank you for that, it does help.

The letter you have just received, did it have a section for replying, filling out an income and expenditure form or anything like that, or was it just a single page letter?

Hi, thanks, just a one page letter. I forgot to mention that I also received a notice of sums in arrears from them on the same day.

[Warwick65]

Hi, thanks, just a one page letter. I forgot to mention that I also received a notice of sums in arrears from them on the same day.

It's good to know it is just a one page letter so as mentioned earlier it is not a letter of claim. It is also good that the account was opened in 2005 - can you remember at all about how it was opened? Maybe it was an online tick box or maybe it was a paper copy you had to sign

[Toots]

It's good to know it is just a one page letter so as mentioned earlier it is not a letter of claim. It is also good that the account was opened in 2005 - can you remember at all about how it was opened? Maybe it was an online tick box or maybe it was a paper copy you had to sign

Hiya, it was a signed form. Not online.

[Warwick65]

That's even better because they would really need to provide a genuine copy of the signed form with all the correct terms and conditions attached. If they couldn't and you could provide a convincing narrative as to why you did not sign the full agreement then they are stuffed. It could be that you signed an application form that did not have the full terms and conditions.

I know one of my loans was good (for me) in that even though it was signed they had included the arrangement fee in the total rather than calculated it separately ( I think that was why it was UE)

We are here if you do get a letter of claim .

[Toots]

That's even better because they would really need to provide a genuine copy of the signed form with all the correct terms and conditions attached. If they couldn't and you could provide a convincing narrative as to why you did not sign the full agreement then they are stuffed. It could be that you signed an application form that did not have the full terms and conditions.

I know one of my loans was good (for me) in that even though it was signed they had included the arrangement fee in the total rather than calculated it separately ( I think that was why it was UE)

We are here if you do get a letter of claim .

Thanks Warwick. Appreciate your time. I'll wait to see what they do next. Does a letter of claim have a certain format? Or, is it a we're taking you to court letter?

[The Tech Clerk]

Usually 4-5 pages incl income etc

[Toots]

Usually 4-5 pages incl income etc

Thank you.

[Roger]

Well Cabot are responsible for the S.77 CCA (plus £1) and this likely to be a real headache let me explain a great deal has happened since 2005 including BOS becoming involved then HBOS. That chain of ownership itself raises questions.
There are other significant documents that might be difficult to evidence after this time.
I include Default and Termination Notices (and whether these can be raised by BOS or HBOS?)

Cabot Ownership from June 2019 - that's 3 years ago!
You are a long way away from a CCJ.

Normally AAD would have recommended sending that CCA request by now.
You might wait and see what happens next from Cabot but if it was me I would send for the CCA S.77/78 (plus £1) to Cabot at this stage.
Others may have other opinions

[Still Waving]

Who is now the actual owner of this debt?
Which part of Cabot is threatening you? The letter heading is - Cabot (something, something, something). ? What ?

If it's Cabot Financial (UK) Ltd, as I understand it, they are not FCA authorised and so cannot lawfully issue legal proceedings.

[Toots]

Well Cabot are responsible for the S.77 CCA (plus £1) and this likely to be a real headache let me explain a great deal has happened since 2005 including BOS becoming involved then HBOS. That chain of ownership itself raises questions.
There are other significant documents that might be difficult to evidence after this time.
I include Default and Termination Notices (and whether these can be raised by BOS or HBOS?)

Cabot Ownership from June 2019 - that's 3 years ago!
You are a long way away from a CCJ.

Normally AAD would have recommended sending that CCA request by now.
You might wait and see what happens next from Cabot but if it was me I would send for the CCA S.77/78 (plus £1) to Cabot at this stage.
Others may have other opinions

Thanks Roger, I can't remember why I didn't send a CCA to them in the first place. There are couple of different opinions, but I guess I have to decide one way or the other. Would it hurt the process if I did send one?

[Toots]

Who is now the actual owner of this debt?
Which part of Cabot is threatening you? The letter heading is - Cabot (something, something, something). ? What ?

If it's Cabot Financial (UK) Ltd, as I understand it, they are not FCA authorised and so cannot lawfully issue legal proceedings.

Hi Still Waving, at the bottom of the letter it says Cabot Financial (Europe) appointed rep of Cabot Credit Management Group Ltd.

[Roger]

Still Waving is correct but as per your entry there are gaps in your records
"..
Big jump from 2008 to 2012 where I don't have any documentation regarding defaults etc.
.."

The CABOT documentation that is pertinent here will be between these periods
" ..
9/5/19 account transferred to HBOS
14/6/19 first letter from Cabot introducing themselves
.."
This is where you need to check for which Cabot Company was assigned the Debt from HBOS?

But you should also be aware that there may well be Assignment or otherwise issues from AA Loan's through BOS and HBOS!

The CCA74 Act over the years since 1974 has been tweaked and changed with significant differences particularly in these earlier years.
Doesn't it strike you as curious that the BOS; HBOS didn't sell this Debt earlier? That Cabot also have let this drift since 2019.

Cabot are responsible for your CCA S.77/78 (plus £1) request. The AAD template doesn't acknowledge the Debt and therefor will not restart the Statute Bar Clock!
The Account will be UE until they can supply a EN CCA and this could prove difficult for them

[Still Waving]

The point that struck me in the original diary detail was -

9/5/19 account transferred to HBOS
14/6/19 first letter from Cabot introducing themselves

From this distance it looks to me as if the account was transferred (assigned ??) to HBOS who, a few weeks later, engaged Cabot to act on their behalf. The issue for me is that the terminology used by the OP may be a little too vague, and it depends on the precise wording in the letters.

Did the 9/5/19 letter say the account was assigned to HBOS?
In the 14/6/19 letter, how did Cabot introduce themselves? As the new owners of the debt? Or appointed by HBOS to arrange collection of the debt?

Apologies if I am muddying matters which have already been thrashed out and clarified.

[Roger]

The point that struck me in the original diary detail was -

9/5/19 account transferred to HBOS
14/6/19 first letter from Cabot introducing themselves

From this distance it looks to me as if the account was transferred (assigned ??) to HBOS who, a few weeks later, engaged Cabot to act on their behalf. The issue for me is that the terminology used by the OP may be a little too vague, and it depends on the precise wording in the letters.

Did the 9/5/19 letter say the account was assigned to HBOS?
In the 14/6/19 letter, how did Cabot introduce themselves? As the new owners of the debt? Or appointed by HBOS to arrange collection of the debt?

Apologies if I am muddying matters which have already been thrashed out and clarified.

No the banking crisis caused the crunching together very quickly of various banks. The question is whether there is or isn't an assignment chain!
This can result in a Default Notice being issued by a Group member BOS without the Authority to do so.
At least the name of the Cabot group member Company that was the Assignee should be discoverable!

But at the least Cabot are claiming ownership and therefor under CCA74 S.77/78 (plus £1) must supply a EN CCA.
This is the AAD way!