Do i start to pay now?

Emmel

sourcrates said:

Emmel said:

Emmel said:

sourcrates said:

Combining the balance of one debt with another owed by the same debtor, seems to be common practice amongst debt purchasing companies, maybe its easier for them that way, I don`t know.

But it does create a dilemma for them when you take advantage of sec 77/79 CCA.

The requirement is to provide a copy of the original credit agreement for that account, now when you combine two debts, obviously you create a third that did not previously exist, so no paperwork will exist either.

My advice would be to submit a request under sec 77/79 CCA,  include the statutory £1 payment, and see what comes back, template letter here, edit to your circumstances -

CCA Request Letter Example - LegalBeagles

Shall I do this now? It states the combined total at the top with (2 accounts) in brackets under it then it lists the 2 accounts underneath. But when I received a letter it had the combined amount. Not sure if this is considered a combined debt or not? There is what i presume is a reference number at the side of each account. Thanks for all your help

Sourcrates, your advice on this would be most welcomed. Thanks

Well suck it and see is all I can tell you really.

If what you say is actually what has happened, then it might get interesting, if not, they supply what they are supposed too and you only lost a quid.

Thank you, i will follow your advice snd update in due course

Emmel

sourcrates said:

Emmel said:

Emmel said:

sourcrates said:

Combining the balance of one debt with another owed by the same debtor, seems to be common practice amongst debt purchasing companies, maybe its easier for them that way, I don`t know.

But it does create a dilemma for them when you take advantage of sec 77/79 CCA.

The requirement is to provide a copy of the original credit agreement for that account, now when you combine two debts, obviously you create a third that did not previously exist, so no paperwork will exist either.

My advice would be to submit a request under sec 77/79 CCA,  include the statutory £1 payment, and see what comes back, template letter here, edit to your circumstances -

CCA Request Letter Example - LegalBeagles

Shall I do this now? It states the combined total at the top with (2 accounts) in brackets under it then it lists the 2 accounts underneath. But when I received a letter it had the combined amount. Not sure if this is considered a combined debt or not? There is what i presume is a reference number at the side of each account. Thanks for all your help

Sourcrates, your advice on this would be most welcomed. Thanks

Well suck it and see is all I can tell you really.

If what you say is actually what has happened, then it might get interesting, if not, they supply what they are supposed too and you only lost a quid.

Sorry Sourcrates i have another questions. 2 accounts were sold to Cabot, now have 2 accounts showings as defaulted on my credit report under cabot financial. An extra default doesnt matter jot to me right now, however is this how it should work? It is still classed as a credit card and says account closed/defaulted. Can they buy the debt and then report it as defaulted (again) 

sourcrates

Not quite sure what you mean, but with sold on debts, its common practice for a credit file to have an entry from the original creditor as well as the new owner, as long as the default dates match, all is well.

Credit card debt remains a credit card debt, again, not sure what you mean, why would it be anything else ??

Emmel

It says credit card cabot financial, i thought it might just say cabot financial. The default dates are different but I shall try address this

MonaghanBoy

I recently had something similar with Cabot. 2 seperate credit cards which they eventually started the legal process for a combined total, and eventually provided CCA request documents for each to make both enforceable.

Re. the legal route, in Scotland, debt less than £5k is dealt with through a simple procedure. The other sides solicitors will eventually serve a writ. You can then defend if required - or agree a repayment plan out of court i.e. so no official legal recording. 

However, debt above £5k  is dealt with under ordinary cause rules. Once that legal process has started, I think it's difficult to avoid a decree (CCJ). You may still be able to agree a payment plan, but you could potentially have that decree filed against you for several years. *** I'd be extremely grateful if there's a scottish expert on here that can confirm that (for my own benefit) ***

Emmel

All my debts are above 5k, i have now started payment plans with some and i think there is just 1 creditor who i have 3 seperate accounts with who are with moorcroft who i believe are just a collection agent, and they have not bought any debt. I have no plans to move house, and my credit file is shot for 6 years anyway