CCA received

[Toots]

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

HI Roger, I've just double checked the paperwork and the debt has been with HBOS certainly when Wescott were involved. So, their involvement goes back much further. I will update the diary tomorrow. The first letter I received from Cabot in June 2019 introducing themselves is from Cabot Financial Europe. They say they are part of the Cabot Credit Management Group. They don't say that they are managing the debt on behalf of HBOS though. In a later letter they say that they own the debt.

[Toots]

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.

Hi Still Waving, you're helping. You've made me look at the paperwork again. HBOS were involved a lot earlier in the process, definitely when Wescott were involved. Cabot have written to say they own the debt.

[Toots]

Hi everyone,

I've received a letter of claim from Mortimer Clarke Solicitors regarding my Cabot debt.

Info is here

https://all-about-debt.co.uk/forum/d...toots-ue-diary

Does anyone have any advice please? Next steps?

T

[Still Waving]

Hi

According to your timeline, you were making payments until 2018 or 2019, so nowhere near Statute Barred. A bit strange then that MC should ask to speak to you, and at the same time enclose a LoC.

First of all, do not speak to them - everything in writing only. You say you have not previously sent a CCA74 request - DON'T send one now. As Cabot are involved, they may have problems there too. The best advice is to contact Colin Quinn to get his professional opinion.

https://all-about-debt.co.uk/member/7514-colin-g-quinn Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

Late Edit: You should probably consider sending a SAR to AA Loans, the original creditor, to see just what information they hold.

[Toots]

Hi

According to your timeline, you were making payments until 2018 or 2019, so nowhere near Statute Barred. A bit strange then that MC should ask to speak to you, and at the same time enclose a LoC.

First of all, do not speak to them - everything in writing only. You say you have not previously sent a CCA74 request - DON'T send one now. As Cabot are involved, they may have problems there too. The best advice is to contact Colin Quinn to get his professional opinion.

https://all-about-debt.co.uk/member/7514-colin-g-quinn Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

Late Edit: You should probably consider sending a SAR to AA Loans, the original creditor, to see just what information they hold.

Thank you Still Waving. I'll dig out the address for AA Loans, and contact Colin. Have a good Sunday.

[Roger]

Thank you Still Waving. I'll dig out the address for AA Loans, and contact Colin. Have a good Sunday.

Completely agree with Still Waving
MC are part of Cabot group

Make Colin aware of this! ".. MC say the debt is owed to Cabot Financial (UK) .."

For your notes and purposes " Cabot Financial (UK) as I understand it, they are not FCA authorised and so cannot lawfully issue legal proceed.
But this is a complex legal argument "

[Toots]

Completely agree with Still Waving
MC are part of Cabot group

Make Colin aware of this! ".. MC say the debt is owed to Cabot Financial (UK) .."

For your notes and purposes " Cabot Financial (UK) as I understand it, they are not FCA authorised and so cannot lawfully issue legal proceed.
But this is a complex legal argument "

Thank you Roger. Much appreciated.

[Colin G Quinn]

Hi,

I have received your message. Please email me the letter of claim you have received and once I've reviewed it I will be able to advise you further on your options.

My email is in my legal disclaimer below.

[Toots]

Hi there,

I sent an SAR to AA Personal Loans and have received a letter back today from Lloyds Bank saying they have no record of me. They returned the SAR letter asking me to resend the £1 postal order to them if I wish to pay it into a loan I supposedly hold with them. Which I never have.

So, I've hunted through the paperwork and contacted Bank of Scotland by phone to get the address to send the SAR to as they were the original lender via AA.

However, I've done this by phone, and they asked me for addresses of which I only gave the address of when I applied, and a couple of other questions which they needed to identify me. Now I'm panicking and think I've done the wrong thing.

Have I?

Toots

[The Tech Clerk]

why are you not connecting with colin?? why ignore and converse with lloyds? confusing, do you need help or not? pls contact colin before you do anything else.

[Still Waving]

Hi.

Just to get something out of the way - there is no fee to pay under a SAR, it is a CCA74 request which costs £1.

You really ought to have looked at the site map on the BoS website for an address to write to. Cabot now being the owners, may not get to know about your chat with BoS, so you may not have restarted the SB clock. There is a very good reason for never engaging on the phone.

[Toots]

why are you not connecting with colin?? why ignore and converse with lloyds? confusing, do you need help or not? pls contact colin before you do anything else.

Thanks Tech Clerk. Not thinking straight.

[Toots]

Hi.

Just to get something out of the way - there is no fee to pay under a SAR, it is a CCA74 request which costs £1.

You really ought to have looked at the site map on the BoS website for an address to write to. Cabot now being the owners, may not get to know about your chat with BoS, so you may not have restarted the SB clock. There is a very good reason for never engaging on the phone.

Thanks Still Waving. I got the information about sending a pound from a post Niddy did in the documents section.

[Roger]

Yes the Law changed in 2018 what was formerly a SAR has become a Data Right under GDPR
See here Your Privacy & GDPR 2018 - AAD Consumer Forum (all-about-debt.co.uk)

[Still Waving]

Still generally referred to as a Subject Access Request though, and still free of charge.