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Unenforceable debt with Cabot
Maha12
Posts: 26 Forumite
It has been suggested I post on this thread rather than loans.
As briefly as possible, Cabot bought my merged credit card/loan/overdraft debt from HSBC 3 months ago. My debts with HSBC date back to 2003 and became a managed loan when I defaulted in 2006. The bank didn’t formally default me until 2012 however.
I have been paying HSBC all this time. When Cabot bought the debt I did a CCA request and they have said it is “presently unenforceable.”
My concern is whether they can still get a CCJ, which I gather they can but probably won’t bother to do until they get the CCA from HSBC (?).
Here’s the thing, I have just gone through some old papers and I have a letter from HSBC that says I would have signed a CCA and agreed to the managed loan back in 2006 (which I cannot recall) but that they did not keep a copy of it.
Where do I stand? Is there a risk of a CCJ from Cabot or will they flog it back to HSBC?
As briefly as possible, Cabot bought my merged credit card/loan/overdraft debt from HSBC 3 months ago. My debts with HSBC date back to 2003 and became a managed loan when I defaulted in 2006. The bank didn’t formally default me until 2012 however.
I have been paying HSBC all this time. When Cabot bought the debt I did a CCA request and they have said it is “presently unenforceable.”
My concern is whether they can still get a CCJ, which I gather they can but probably won’t bother to do until they get the CCA from HSBC (?).
Here’s the thing, I have just gone through some old papers and I have a letter from HSBC that says I would have signed a CCA and agreed to the managed loan back in 2006 (which I cannot recall) but that they did not keep a copy of it.
Where do I stand? Is there a risk of a CCJ from Cabot or will they flog it back to HSBC?
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Comments
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You want to post this up on the main DFW board. This board is for DFW challenges and is a sub-board of the main DFW board...sorry...
While I'm here, why not offer a Full and Final settlement of say...10%...of the balance due? And see what they say...I work within the voluntary sector, supporting vulnerable people to rebuild their lives.
I love my job
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Sorry I!!!8217;m new to forum and am getting more than confused about where to post. Perhaps someone can help me move it.
Ref offer, when Cabot first got in touch about 3 months ago I offered them 50% to settle and they refused it.0 -
Sorry, just noticed that in your first post you said that the CCA is not available, that it is missing? I do not believe they can get a CCJ without having evidence of the debt (no CCA). Maybe someone else will confirm, as I am not 100% certain.I work within the voluntary sector, supporting vulnerable people to rebuild their lives.
I love my job0 -
What worries me is that evidence of my debt is paying HSBC these past 16 years, and that lack of a CCA (1) by Cabot from original 2003 credit card and loan or (2) by HSBC for the 2006 managed loan conversion is sufficient to stop a CCJ.0
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I mean * insufficient *0
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You really need this question posted on the right board. You will get many more answers there. Click here to go to the main DFW board where you can post your question again...:)I work within the voluntary sector, supporting vulnerable people to rebuild their lives.
I love my job0
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