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  • CCA response from Cabot

    As requested last year I am going to put each debt on a separate thread. I will leave the others until i hear from them (have been very quiet for a year so will ignore them until they write again). This thread is about a lloyds bank debt passed onto cabot.

    jan 2009 my wife (had been married 12 years) had paid for a flat abroad on credit cards but was in serious trouble as interest too high and. persuaded me to take out loan in my name to clear them and she would pay the loan off with income from the flat. yes this seems incredibly stupid but i did it .....

    arrangement went well at start however

    2012 she moved out and went to live with her new man and decided to stop paying the loan. Lloyds bank came after me for 17082....Obviously i couldnt pay and with all the stress of the divorce i entered into a DMP with this debt and 3 others, paying 50 a month towards all 4.this carried on for a few years.

    late 2016 my DMP stopped as the company providing the service said they would no longer do this type of work. I started to apply with another company but decided to be brave and have a go at self managing after discovering this site.

    3rd Feb 2017 Cabot sent a letter telling me my company is no longer sending them money and to contact them about the debt which is 16797.18 at this point.

    10 th Feb 2017 I sent a letter asking them to send a copy of the credit agreement etc under CCA 1974 77-79 using a template

    21st Feb 2017 letter from Cabot saying do not have the info, writing to original lender etc, account will be temporarily unenforceable hope to have info within 40 days if unable to they will write to me again (they didnt...)

    well I heard nothing for over a year then

    6th june 2018 Received a bundle of papers from cabot, cover letter saying enclosed is relevant info, consider now enforceable, entitled to county court judgement but prefer i work with them to settle balance. then loads of copies of what looks like the credit agreement and statements of balances etc.

    can you tell me where to email copies of these documents to so someone can tell me if it is enforceable or not and a plan of action.

    iain




  • #2
    Hi

    Send them to Niddy - webmaster@all-about-debt.co.uk - without blanking out any detail. Title the email alianza's CCA, and include in the message a link to this thread.

    By the way - "As requested last year I am going to put each debt on a separate thread." - the usual thing is to start a diary (one thread only) setting out the detail and history of each debt in a separate post on that thread. That way you keep all the detail in one place, and the Mods can then get a view of your overall situation, making it easier to give meaningful advice.

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    • #3
      thx for the help. i will do as you say with a separate post on this thread for the other debts but i have been ignoring them and have heard nothing for a year now.so will only do that if i have any news. now i will send Niddy the email, it will be a long one....iain

      Comment


      • #4
        Originally posted by alianza View Post
        thx for the help. i will do as you say with a separate post on this thread for the other debts but i have been ignoring them and have heard nothing for a year now.so will only do that if i have any news. now i will send Niddy the email, it will be a long one....iain
        You only need to send the alleged agreement and any terms and conditions, but not statements of account.

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        • #5
          Originally posted by alianza View Post
          i will do as you say with a separate post on this thread for the other debts but i have been ignoring them and have heard nothing for a year now.so will only do that if i have any news

          Don't worry about starting a Diary for now since you say all of your other debts have gone quiet while this 17k debt has raised it's ugly head so you need to focus on that one.

          If it's ok with you I'll ask some questions because enforceability of a debt isn't only about the actual credit agreement. There can be many more issues to influence the legal position.

          Who is the owner of this debt? Is it Cabot Financial Ltd, or Cabot Financial (UK) Ltd or another part of the Cabot Group such as Marlin etc?

          The covering letter sent with a s 77-79 CCA Request response matters especially if it states that the credit agreement is "reconstituted". Did it say that?

          Was there a financial order from the court with your divorce or was it a settlement by consent? Was responsibility for this debt formalised in any way by you and your now ex-wife?

          Di
          Last edited by Diana Mayhew; 6th June 2018, 23:19.
          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986. Our initial advice is always free.

          Any posts I make on the All About Debt Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Originally posted by alianza View Post
            . persuaded me to take out loan in my name to clear them and she would pay the loan off with income from the flat. yes this seems incredibly stupid but i did it .....

            How did you take out the loan?

            Was it onlne, in branch (did you have a current account with Lloyds) or some other way?

            Was there PPI involved?

            Di

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986. Our initial advice is always free.

            Any posts I make on the All About Debt Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Originally posted by alianza View Post

              3rd Feb 2017 Cabot sent a letter telling me my company is no longer sending them money and to contact them about the debt which is 16797.18 at this point.

              10 th Feb 2017 I sent a letter asking them to send a copy of the credit agreement etc under CCA 1974 77-79 using a template

              21st Feb 2017 letter from Cabot saying do not have the info, writing to original lender etc, account will be temporarily unenforceable hope to have info within 40 days if unable to they will write to me again (they didnt...)

              well I heard nothing for over a year then

              6th june 2018 Received a bundle of papers from cabot, cover letter saying enclosed is relevant info, consider now enforceable, entitled to county court judgement but prefer i work with them to settle balance. then loads of copies of what looks like the credit agreement and statements of balances etc.

              Is there an update on this 17k debt with Cabot?

              Did you send the credit agreement to Niddy for his opinion on its enforceability so you can plan your next steps?

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986. Our initial advice is always free.

              Any posts I make on the All About Debt Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment

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