📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Cabot

Options
t has been suggested I post on this thread rather than loans or debt free challenges. Third time lucky!

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?
«13

Comments

  • Maha12
    Maha12 Posts: 26 Forumite
    I'd like to post up the letter HSBC sent me here but don't know how to. If anyone can help? Getting frustrated because I posted my thread on the wrong areas previously (loans and debt free challenges). :(
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Hello again :)
    1. Scan the letter
    2. Save the letter as an image file
    3. Go to http://tinypic.com/
    4. Click on the browse button and select your image file
    5. Click on the 'Upload Now' button
    6. Right click on the "IMG Code for Forums & Message Boards"
    7. Copy and paste the code into your post

    Edit: Don't forget to blank out your name and address!!
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Maha12
    Maha12 Posts: 26 Forumite
    Upload Failed! Invalid format (jpg|bmp|gif|pcx|png|psd|tif) :()
  • Maha12
    Maha12 Posts: 26 Forumite
    It only scans as Adobe
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    No problem :)
    1. Do a screenshot of the adobe image.
    2. Then open Windows Paint.
    3. Click on the 'paste clipboard' button on the top left corner.
    4. Then save as an image file and proceed as per earlier instructions.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Maha12
    Maha12 Posts: 26 Forumite
    ugh! "Sorry as a new user you are not allowed to post with links"


    Can I pm you the link for you to post up?
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Go right ahead and PM me! Just make sure you have blanked out any personal details that can identify you. Thanks
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Maha12
    Maha12 Posts: 26 Forumite
    should be fine nd blanked out. Thanks. hopefully someone can then advise on enforceability.
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 15 August 2018 at 5:30PM
    2poocid.jpg
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • sourcrates
    sourcrates Posts: 31,587 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hi,

    I did answer this for you on your previous thread.

    Cabot can start a court claim, should they so wish, but, because they have admitted they no longer hold a valid credit agreement, they would be very stupid to do so, it is never going to happen.

    If they did, you would defend the claim on the basis that no valid agreement exists, and it would probably be dropped at that point.

    If you failed to defend it however, they could obtain a judgement by default.

    I hope that makes things clearer.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.