Getting Desperate - Help Please - Debt Recovery Agency

moggins

Can anyone help, I am being browbeaten by a company called Cabot Financial and they are now threatening me with putting a charge on my house.

7 years ago XDH and I took out a loan with Capitol Bank for £6000, by the time we split up we had quite a few other debts which we split between us, with me taking the larger part of them. I paid all of mine faithfully and on time and believed it was all behind me. XDH paid his a little less faithfully and had an attachment of earnings placed on him for the Capitol loan which he has been paying ever since.

About a year ago Cabot got in touch with me regarding the loan, saying that they had bought the debt, that nothing had ever been paid off it and it was now standing at £13,000. I told them that it was XDH's but apparently when the loan was sold Capitol only gave them my details and not XDH's even though it was a joint loan with his name first.

They kept harrassing me for months until at one point they were ringing me 5 times a week. I gave them XDH's mobile number and he has spoken to them a few times, even writing to them and admitting that the debt is his, that he is willing to pay it, offered them a sum in full and final settlement. He never got a reply to his letter and Cabot still continue to harrass me albeit by letter now as I refused to speak to them on the phone anymore as they were so nasty and belittling.

Is there anything I can do? The waiting list for CAB is horrendous here and Cabot could have taken me back to Court before I even get in to see them. They don't even seem to have the original documentation of the loan if all they have is my name?

bosslady_2

First of all ask them to prove they now own the debt, in writing. They also have to provide you with the credit agreement if you ask - you do need to send them a postal order for £1 for this. I guess that might show that you won't be browbeaten by their threats.

There are some posts on here somewhere about getting DCAs to prove they own the debt. I'm sure someone who know a bit more about this will along to help soon.

klare_2

fone the CCCS or payplan to begin with they wil be able to give you some advice fairly soon, i didnt think that they could put a charge on your house until you had defaulted on a ccj ( although sure an expert will be along shortly to put me right on that) make sure you are keep a record of all communications you have with them and also those they have had with you Ex ...it might be worth it going to court and you and the ex attending im sure a judge would be very interested to hear whats been going on.
Stick with it and dont let the gits grind you down, ive been at that point and know how hard it is .. personally i find clamoing my hands over my ears and singing lalalalala at the top of my voice makes it ALL go away!! :whistle:

Harassed_2

Write to them, using the letter below. Send it by Recorded Delivery and enclose a £1 postal order in payment of the statutory fee.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

moggins

Harrassed that's a really good letter but the trouble is I know that I did take out the original loan but jointly with XDH, would I still use the same wording in that letter?


XDH is more than happy to pay it if only they would deal with him properly, all he's had from them is a couple of half hearted phone calls and even after him putting his admission of this debt in writing and making a proposal of payment to them they have not bothered even responding. He wrote the letter in December and has heard nothing since but I have received 2 threatening letters from them in two months.

Tootsie_Roll

moggins wrote:

XDH is more than happy to pay it if only they would deal with him properly, all he's had from them is a couple of half hearted phone calls and even after him putting his admission of this debt in writing and making a proposal of payment to them they have not bothered even responding. He wrote the letter in December and has heard nothing since but I have received 2 threatening letters from them in two months.

He's more than happy to pay IF they treat him properly !!!!

How many years has he had to pay and ignored it ?

Unfortunately for you the debt will still be joint and several regardless of any previous arrangement you made which means you will be liable to pay up. They are probably chasing you more because they know they don't stand much chance of getting the money of your ex whereas you have a property they can secure it on and might be more inclined to sort it out. I have seen this happen over and over again when couples split up, the judge will not be interested that you ex was supposed to pay it.

Your best option is to nail your ex to the floor until he pays it off somehow unless you want that charge on your house.

Broken_hearted

Sorry if I read it wrong but has he been paying towards it. If he has could you get proof of the payments he has made.
As its joint they can chase both of you and are more likely to go for the easier target.

moggins

Sorry, I probably worded that a little wrongly. XDH is happy to deal with them, they just won't deal with him! They have only phoned him at work on his mobile when he can't talk to them. He works as a machinist in an engineering company and when those machines are going you can't hear anything. He has given them his home number and address, has confirmed that he is willing to pay the debt in writing and yet they still won't bother pursuing him for the money in the way they pursue me.

They insist on calling me by my old name when I have been remarried for six years, I have asked them time and again to change my name on their records but they say they can't do this. I'm a stay at home mum with no personal income and my current DH and I remortaged the house into both our names 2 years ago.

XDH says he has been paying towards it under an attachment of earnings made by Capitol Bank (obviously I have no proof of this but when finances are involved he's normally pretty good and very generous towards me with money). He had no dealings with Cabot and neither did I until last year when they mysteriously popped up out of nowhere.

Broken_hearted

Get proof of the attachement of earnings and the amount paid. You need to know where you stand.

Harassed_2

moggins wrote:

Harrassed that's a really good letter but the trouble is I know that I did take out the original loan but jointly with XDH, would I still use the same wording in that letter?

Then just leave out the 'I do not acknowledge' sentence. You have to ensure that Cabot have followed the correct procedures in buying the debt. They very often don't. If they can't provide ALL the requested documentation it strengthens your position.