New member – Debts / Anxiety / Depression – Advise Needed

HITS · 11 July 2017 at 9:03AM

Thanks Sourcrates

Should I be waiting that long regarding Cabot who haven't replied when the letter stated 12 working days?

Thanks

sourcrates · 11 July 2017 at 11:50AM

HITS wrote: »

Thanks Sourcrates

Should I be waiting that long regarding Cabot who haven't replied when the letter stated 12 working days?

Thanks

The 12 working days are just guidelines, they are not set in stone.

Feel free to remind them earlier if you wish.

HITS · 21 July 2017 at 2:00PM

Hi Sourcrates and Fatbelly

Update - I have received a letter today from Cabot (CCA request) stating the below, please advise on my questions below:

"We currently do not have this information on file. However, I have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender. In the meantime, I would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.!

"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 I would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan."

Questions:

1) In simplest terms, where do I stand with above reply?

2) What should be my next step?

3) Should I be continuing paying them?

Many thanks in advance.

StopIt · 21 July 2017 at 2:40PM

Simply?

1: The DCAs never have the CCA paperwork, they have to get them form the original creditor. So standard issue here. It means that the account will be held until they comply with the request. For them to say "Well, we can't enforce it, but give us our money" is as hilarious as it is meaningless.

2: Wait to see if they come up with the CCA paperwork. if they do, and it is valid you'll be needing to set up a payment plan. If not, the debt is unenforceable and you can either offer a low ball settlement, or you can walk away.

3: Not until the CCA request is settled.

fatbelly · 21 July 2017 at 2:50PM

Is that both Cabot debts? I think I had suspicions about the old HSBC one earlier

It's unenforceable as things stand but if they can come up with compliant paperwork, it becomes live again. I think I'd continue paying your £5 for now but if this drags beyond maybe 6 weeks, I'd start to think that the paperwork no longer exists, and I can safely stop paying.

See what Sourcrates thinks

sourcrates · 21 July 2017 at 4:21PM

Usually it can take a month to six weeks to go round the houses chasing up paperwork.

I wouldn't start the celebrations just yet, as its entirely possible they may come up with the goods.

I`m with Fatbelly`s train of thought for now.

HITS · 24 July 2017 at 12:01PM

Many thanks for your replies.

Fatbelly - Yes both (Lloyds & HSBC) are Cabot debts.

Sourcrates - No celebrations until I receive something in writing as I have had lot of anxiety from all of them over the last few years!

I will continue paying £5/wk. The letters were sent on 22nd June so should I send a follow up letter roughly 6-7 weeks after this date?

Many thanks.

fatbelly · 24 July 2017 at 6:49PM

I don't think there is any need for you to send a letter. They may well respond anyway, either to give you the documents or to say they are still looking for them.

HITS · 1 September 2017 at 3:18PM

Hi Guys

1) 10 week on and no sign of CCA paperwork from Cabot or Robinsonway. They have both informed me they are looking. What should be my next action?

2) My ideal solution would be to offer them low ball figure say £50/agreement as f & f settlement as I would like to clear these debts for good which would help my anxiety a long way! What are my chances?

3) Also I want to claim ppi that was mis-sold on these cards listed at top my post. As these debts were sold to DCA, would any successful ppi claim be offset against my debt? The ppi claim would be against the original creditor.

Many thanks in advance.

sourcrates · 1 September 2017 at 4:04PM

HITS wrote: »

Hi Guys

1) 10 week on and no sign of CCA paperwork from Cabot or Robinsonway. They have both informed me they are looking. What should be my next action?

2) My ideal solution would be to offer them low ball figure say £50/agreement as f & f settlement as I would like to clear these debts for good which would help my anxiety a long way! What are my chances?

3) Also I want to claim ppi that was mis-sold on these cards listed at top my post. As these debts were sold to DCA, would any successful ppi claim be offset against my debt? The ppi claim would be against the original creditor.

Many thanks in advance.

Hi,

Answers :

(1) sit tight and wait. Send reminder letter if you like.

(2) Refer to first sentence (1) above.

(3) Yes, most likely, you might be an exception though.

New member – Debts / Anxiety / Depression – Advise Needed

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