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I have a quick question about this please. When M&S wrote to me, they said if I didn't reply they would refer my account to a debt collector. I did reply, and then resent my original letter as I hadn't heard anything from them for ages. The letter they sent me was pretty much the same as ones they'd sent previously, only this time, they sent no further letters, ie you've not responded so we are referring it on kind of thing. They have presumably sold the account on, but did not tell me until after they had sold it, so I made a payment to them via standing order as I usually do, but that payment, although made to M&S was going to Cabot instead, but I was not told about the move to Cabot until after I made the payment. Have I unwittingly paid money to Cabot and acknowledged the debt by doing so? What M&S have done seems pretty sneaky to me. Cabot have written (dated the day before they signed for my S77-79 CCA letter was received by them), inviting me to set up a payment plan, even though the previous letter said they would respect the payment plan I had with M&S. Thank you.
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Although it was not what you wanted, Them selling on the debt and advising you after the event is pretty standard along with them forwarding on the payment ( That you made believing it to be to M&S)
Making any payment towards the balance ( Not CCA fees etc) is making an acknowledgement of the debt but from what I can glean quickly about the account, Unless I have got it wrong, You had been making token payments on an agreed schedule recently so one more payment is not too much to be worried about in the grand scheme of things, not to worry
If it were me I would not be making any payments to Cabot until they had replied to my CCA request and we can see where you stand. They might write or try to call you in the between time but let us know if this gets too much etc.
Given the relatively low balance, once you know where you stand you would have to make a judgment call on this one whether to stick it out with the UE route or later down the line settle it for a low offer etc
Lets see what comes back with your CCA request
Last edited by Spud; 9 September 2017, 21:49.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Thank you, initially I thought they'd written this to me in response to the letter I'd sent, but then realised they'd crossed in the post. I thought it was sneaky of them to do it they way they have, but I guess they do this all the time :/ They know what they are doing. I'm assuming they might have bought the debt quite cheaply, not sure on what the penny on the pound is that it costs them, so it's a risk for them when they buy it as to whether it pays out.Comment
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I don't obviously know what the figure would be but it would be fairly low and no doubt they bought a batch of them at the time. As you say it is a gamble for them and they will make a commercial decision on each account depending how much it is costing them v's how much they collect etc
If they are getting nowhere and its costing them money to keep writing to you they have only lost a few £100 if they write it off or beg you for a low settlement offer etc
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Fingers crossed then I am not a winning lottery ticket for them.Comment
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When calculating the days for the company to respond to the letter I sent them, is it 12 working days, so Monday to Friday, or with 7 day working do we now count the weekends on this? Also do the days start from when they sign for it or when I posted it please? Also do I have to send a further letter once the cut off date has been reached? And if I do, where can I find that please, I have had a good look around but cannot find it. Sorry for being a pain asking.Comment
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Don't worry about that, it's a minor detail. It usually takes weeks or months for creditors to come back with any CCA paperwork. Until they do they will be in default.Originally posted by Beachbaby View PostComment
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Definitetly not!Originally posted by Beachbaby View Post
The one thing you don't want is for them to source the credit agreement (assuming you even signed one in the first place
) or acquire the information needed to reconstitute one.
Leave well alone now that you've placed the ball firmly in their court.
Di
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Ah thank you so much. I do not know how I got it into my head that I had to send a further letter after the first one. I am of course not paying it, so I presume they will try to chase me for payment, are they allowed to do that while they are in this situation of me asking for the CCA Paperwork?Comment
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Creditors usually acknowledge receipt of a CCA request, and say that collection activity will be suspended until they have obtained the documents.
Let us know when they reply to you.Comment
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Thank you so much again, this site is such a font of knowledge, I really appreciate your help in navigating this minefield.Comment
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I have received a letter from them today, which says this, I've cropped out my details and the name of the person that signed it. I am hoping this is a standard letter from them. If they can produce the information inside the 40 days does that mean I have to pay it, and if they do provide it but outside the 40 days, does that also mean I still have to pay it? Sorry for the questions.
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They would say so (of course).Originally posted by Beachbaby View Post
It all depends on what they produce - as previously advised, wait and see what they do produce, then post here for further advice on where to send it for checking. Still all to play for at the moment.
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Well hello from me again
Just to update things, I have been receiving letters from them suggesting that I might like to make a payment. They'd acknowledged that they were still trying to obtain the paperwork and so therefore they had a duty to let me know that they were unable to take me to court over it. They send a letter every so often, but that is it, occasionally offering me a £50 discount if I contact them on receipt of the letter. I don't respond, just open the letter and file it. Today though I received a letter from Cabot to say as they'd been unable to reach an agreement for payment they've passed 'my account' to Debt Manager (Services) Ltd. to manage the account for them. The balance is just shy of £1200.
What do you advise my next step should be please?Comment
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