CCA Response from Cabot (was Lloyds CC)

jojororo

I have just received a reply to my CCA request from Cabot who recently took over a debt for a Lloyds Credit Card for around £11k

Your request for information under the Consumer Credit Act

Unfortunately we have not been able to provide you with the requested information with the relevant time period

What happens next ?

We hall continue to request the information from the original lender to assist you with your account. In the meantime, we would like to inform you that your account shall remain on hold with the Customer Care Dept until such time we can comply with your request

Your account

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan

I'm not sure what my next course of action should be.

If I stop paying and then they finally get the paperwork from Lloyds in a few months then they may be likely to take me to court.

I was thinking maybe go in with a 10% FFP offer but was concerned that if I word this letter incorrectly then I might somehow re-validate the agreement by acknowledging the debt

To complicate matters this is one of the creditors who are showing the wrong default date (see my other thread). It is showing as July 2017 rather than 2015

Am I safe sending a FFP offer ? Should I reference their CCA response ? Can I insist the default date is amended as part of the FFP Offer ?

I would rather try and get this cleared of off my credit history rather than not pay anything and gamble that the CCA is never found.

To clarify as much as possible - I have been paying this debt off via a DMP with PayPlan for last 6 years for around £20/m - although my circumstances have changed recently which will mean this payment will drop to around £5/m

Thanks again
Jo

rizla_king

maybe... Complaint about the default date and F&F offer together? That you are prepared to make payments in the short term but may have to stop if this cannot be resolved within 8 weeks?

swampduck

It sounds as though some - if not all of debts may be due to drop off your credit file under the six year rule and even if they were defaulted may never be put back.
If they can't find the paperwork they wont be able to take you to court!
This was clarified for me yesterday by a kindly soul from Nat Debtline on these boards. In essence your letter sounds exactly the same as mine but I'm going to sit tight and see what their next move is but I'm not in any rush to pay them!

Swampy