-
_______________________________________
-
update .Originally posted by Spent2much View PostRe: spent2much UE diary
Type of account (credit card)mine
Date commenced (2003)
Approx balance (£1,756)
Date last paid (22 June 2012)
Are you on arrangement or not paying (was on dmp now stopped paying)
Status (default/cca being sent )
Account owner (HBOS)
9/7/12 cca request sent to halifax cc
4/8/12 halifax, cannot find original cca. terms and conditions sent to niddy
13/8/12 sent missing PT's to halifax
20/9/12 account assigned to Cabot 3/8/12
9/11/12 payment reminder from Cabot
9/11/12
from cabot
your account is overdue .
You agreed to make monthly repayments to cabot via a debt counsellor, but according to our records these payments have stopped .
We are aware that you are currently dealing with a debt counsellor, and we appreciate your cooperation in this matter.
We have conducted a review of your account and note that your debt counsellor has not yet made a repayment proposal, nor have you made any recent payments towards your account.
We understand that you are experiencing financial difficulties and that your debt counsellor will be making a repayment proposal shortly. However, we would like to offer you an alternative to hlep you be free of this debt within a few months.
OUR SOLuTION
We have already contacted your debt counsellor to advise them of our proposal to accept the lower amount of £1012.35 as full and final settlement of your account , and they may have already contacted you in this regard. If not, and you wish to take advantage of this settlement offer , please contact us within the next fourteen days.
The £1012.35 ideally needs to be paid over the next few weeks but if you do feel that you need more time then we can work with you to arrange this.
We hope you see our proposal as a solution to settle this account. However , should this not be feesible at this stage, we will be happy to continue to work with your debt counsellor to setup a repayment plan
6/02/2014 Cabot
6/02/2014 Cabot
YOU MUST CONTACT US
According to our records you currently owe £****** even though we have made repeated attempts (YES THEY HAVE TO MY MOBILE AND LANDLINE DAILY ) to obtain your commitment to repay this debt.
FIRST STEPS
It is important that you contact us. The balance is due and we have many ways in which we can help you clear this account.
It is important to take the first steps to repay this. No matter how small that is , it is still important to repay the money that is owed.
WHAT NEXT
One of our customer consultants can help you call 000000000
20/03/2014-
Cabot - we are sending your account to another debt collection company.
We have tried to work with you for some time now to help you repay your account .
Despite repeated attempts to contact you and asking you to talk to us about your account , we have still not heard from you.
We now have to start the next step recovery action. We are passing your account to Financial Investigations and Recoveries(Europe) Limited. They will receive our instructions within the next seven days.
We understand how difficult it can be to have a debt and we also understand how we can help you . We can only do that if you contact us.
If we do not hear from you then Financial Investigations and Recoveries(Europe) Limited will be in touch shortly to agree a repayment plan .
22/04/2014 Cabot
Notice of arrears
This notice is in compliance with the Financial Conduct Authority Consumer Credit Sourebook and is being sent to you because our records who that you are behind with your repayments under your agreement.
Missed and partly made payments
This notice does not give dteails of missed or partly made paymets previously notified whether or not they remain unpaid.
DEFAULT SUMS AND INTEREST
You will not incur any deault sums or extra interest in relation to the missed or partly mae payments indidcated above. This notice does not take account of any payments received after the date of the notice.
Financial Conduct Authority Information Sheet.
This notice should include a copy of the current information sheet on arrears prepared by the Financial Conduct Authority. This contains important information about your rights and whete to go for support and advice, for example , to thnk carefully before boroowing money to repay your debts, as well as our right to charge you interest.
Important Information
This is not a final demand for payment BUT A FORMAL SATUTORY NOTICE TO NOTIFY YOU THAT YOUR ACCOINT IS IN ARREARS . Where we have accepted a lesser amount than your normal contractual repayments, it is important that you continue to make these repayments. Our acceptance of a lesser repayment amount should not be construed as a variation of novation of the terms of your agreement. We have the merely relaxed the ters to suit your needs but at all times reserve the right to strictly enforce the terms if you do not keep up with your repayments
03/05/2014 marlin financial services.
threat of court action to obtain a CCJ if payment arrangement plan is not made within 7 days of the date of this letter 29/04/2014
03/03/2015 Marlin/Cabot group are now a part of Marlin financial services
Letter explaining that cabot (CCM)
We note that you are yet to agree a repayment plan with us for you account and we really need to hear from you so that we can talk about options .
15/07/2015 From Cabot . We refer to your request for a copy of your agreement and statement of account.
Please find enclosed a copy of both documents from the original creditor.
Please contact us by return with your payment proposals to clear the amount outstanding .
1/8/2015 sent missing p&t to cabot
SORRY THIS IS BLUE IT JUST WON'T CHANGE TO RED TO POST A REPLY FROM CABOT
6/8/2015 From Cabot
We write with reference to the above matter and your recent leter received in our office regarding the Agreement we previously sent to you .
Here is an overview of the requirements of section 127(3) of the CCA 1974. For a credit agreement to be enforceable it must contain the following prescribed terms.
1) amount of credit
There must be a term on the agreement which states the amount of credit which has been issued
2)Credit Limit
The agreement must include regarding a credit limit or if a credit limit is not required (i.e. in the case of a loan)
3) repayments
The agreement must contain information on how the debtor is to make repayments. This could be in the form of any of the following .
a. amount of repayments to be made
b.date the repayments are to be made
c.timing of payments
d.frequency of payments
e.total number of repayments (for instance, when a loan is required)
f.the manner in which any of the above is to be determined.
4) rate of interest
There must be a term referring to the rate of interest to be applied to the credit agreement.
credit cards
If you have a credit card then sections 2,3,and 4 apply to you .
We have highlighted the relevant sections in the terms and conditions of your agreement which confirms that the enclosed agreement is a true copy with the cca 1974 . The agreement also does provide your name and address .
Please contact us with your repayment proposals to clear the above outstanding balance.
If you wish to discuss the matter with one of our customer consultants , please call the telephone number ...............
15/08/2015 Cabot
Save £1,214.82 on your balance
Offer to pay £808.88 as a full and final payment .
23/01/2016 Cabot
We would like to help you take some positive steps towards repaying your balance.
If you are able to clear your account within the next few months , we can assess how much you can pay or we can even consider an affordable monthly repayment plan .
Your account may be showing on your credit file and this may affect your ability to obtain credit now and in the future . When you commence payments on your account, every payment you make will reduce the balance shown on your credit file. If you feel you can't make payments then it is important that you call us and explain this to us .
04/02/2016 Cabot - we have not heard from you
despite repeated attempts to contact you, we have been unable to gain your commitment to repay you debt .
the balance is due and we have advise you of several options that we are available,all of which are in an attempt to help you be free of this debt .
you can manage your account by repaying an amount on a monthly basis or make a proposal to clear your account at a reduced balance over several months.
you should be aware that this account may be on your credit file as an outstanding debt . whilst no payments are being made your balance remains the same . this may not just affect you now but in the future if you ant to obtain further credit such as a mortgage or credit card.
if you start making payments towards your account your balance will reduce, if you clear the account then your credit file will be updated to show that no balance is outstanding .
AS I WOULDN'T HAVE KNOW THAT LOL
19/02/2016 Cabot
Your outstanding balance -potential legal action
We were hoping to talk to you about your account since our last letter was sent, this is important as our letters have included options to help you repay your account.
A you have been unable to agree a reasonable repayment plan for your above debt your account has now been selected for possible legal action to recover the balance.
What legal action could mean?
OUr typical approach would be to instruct a solicitor to issue a claim for the amount due and to them an application for CCJ to issued against you.
This could result in additional cost to you ad affect your credit rating for a number of years
bla bla bla threat of earnings order , charging order
Next steps This s a serious matter and should legal action be determined t be a appropriate , you may incur legal costs on your account.
We would prefer to avoid legal action and rather arrange a repayment plan directly with you or talk through other options , however if you don't contact us int he 10 days we will proceed as highlighted above , so it is important that you contact us by Telephone email or our website.
9/3/2016 cabot
we write with reference to your letter requesting a 'true copy' of your credit agreement, to which you claim the one previously provided to be insufficient.
we have reviewed the application form,, which was complete prior to the Halifax pre approving your credit card and can confirm it is a a true copy duly signed furthermore, the terms and conditions are specific to the credit card application (copies enclosed ).
we have also enclosed a statement of account which commences from 2009 which confirmed you had the benefit of the funds in total of £2,202 outstanding at that time relating to your halifax credit card . the statement confirms you were making minimal payments between Feb 2009 and July 2012 when payments ceased .
we therefore conclude we have fully complied with your request and the documents provided are true copies as stated and the balance of 2.202 remains due .
we look forward to hearing from you with you payment proposals .
1/4/2016 Cabot
Thank you for paying in the past, we appreciate that you tried to repay your account . You still 2024 on your account that needs to be paid We would like to help you set up a repayment plan that will see you being free from this balance.
Don't let debt hang over you. We can talk you through our different options and find a solution that suit you.
15/4/2016 cabot
you need to make a new plan
you need to call us to a make a new plan for your account, if you let us know your budget, we can help you work out a repayment plan that suits your current situation.
There may be a very good reason why you couldn't continue your previous plan, we;d like to understand what changed so that we can guide you towards help.
If you are having problems financially there are organisations on the back of this letter that can help you.
call us
we will never ask you t pay more than you can afford. we understand bull. food and other essentials must come first. we will word around your budget and sure your next plan suits your situation .
2/6/2016 Cabot ,Tell us your budget , save £50 on your account when you update us with your current situation ad start repaying .
All you need to do is call us and fill in the budget form, we will make sure you can afford important thing like bills, food and your rent or mortgage then work out what spare money you have.
enclosed is a budget form .
3.03.2017cabot
we have tried to contact you to arrange payment of this account .
I&E to help me pay .
How can we help
Showing me plans that customers have such as this . Balance £1000 Expenses£800 Income £850 Remaining available £50.00
solution 1
Pay £41.67 per month = clear this account within 2 years
Solution 2
Pay £16.67 per month = clear this account within 5 years.
These solutions are for illustrative purposes only. Any solution we can offer you will be based on what you tell us about your financial situation and any goals you may have to repay your account.
15/6/2017 Cabot
Please contact us asap as your account could be sent to an external debt collection company.
21/8/2017 Cabot
Your balance is waiting to be paid
Thank you for paying in the past, we appreciate that tried to repay your account . You still have £2024.70 on your account that needs to be paid. We would like to help you set up a repayment plan that will see you being free of this balance.
Where to go from here
Dont let debt hang over you. We can talk you through our different options and find a solution that suits you . We can.
set up a monthly repayment plan.
Accept a smaller lump sum payment and consider writing off the remaining balance .
call us to discuss your options .
_______________________________________
Comment
-
[QUOTE=Spent2much;n591942]Re: spent2much UE diary
Type of account (credit card)mine
Date commenced (2003)
Approx balance (£1,756)
Date last paid (22 June 2012)
Are you on arrangement or not paying (was on dmp now stopped paying)
Status (default/cca being sent )
Account owner (HBOS)
9/7/12 cca request sent to halifax cc
4/8/12 halifax, cannot find original cca. terms and conditions sent to niddy
13/8/12 sent missing PT's to halifax
20/9/12 account assigned to Cabot 3/8/12
9/11/12 payment reminder from Cabot
9/11/12
from cabot
your account is overdue .
You agreed to make monthly repayments to cabot via a debt counsellor, but according to our records these payments have stopped .
We are aware that you are currently dealing with a debt counsellor, and we appreciate your cooperation in this matter.
We have conducted a review of your account and note that your debt counsellor has not yet made a repayment proposal, nor have you made any recent payments towards your account.
We understand that you are experiencing financial difficulties and that your debt counsellor will be making a repayment proposal shortly. However, we would like to offer you an alternative to hlep you be free of this debt within a few months.
OUR SOLuTION
We have already contacted your debt counsellor to advise them of our proposal to accept the lower amount of £1012.35 as full and final settlement of your account , and they may have already contacted you in this regard. If not, and you wish to take advantage of this settlement offer , please contact us within the next fourteen days.
The £1012.35 ideally needs to be paid over the next few weeks but if you do feel that you need more time then we can work with you to arrange this.
We hope you see our proposal as a solution to settle this account. However , should this not be feesible at this stage, we will be happy to continue to work with your debt counsellor to setup a repayment plan
6/02/2014 Cabot
6/02/2014 Cabot
YOU MUST CONTACT US
According to our records you currently owe £****** even though we have made repeated attempts (YES THEY HAVE TO MY MOBILE AND LANDLINE DAILY ) to obtain your commitment to repay this debt.
FIRST STEPS
It is important that you contact us. The balance is due and we have many ways in which we can help you clear this account.
It is important to take the first steps to repay this. No matter how small that is , it is still important to repay the money that is owed.
WHAT NEXT
One of our customer consultants can help you call 000000000
20/03/2014-
Cabot - we are sending your account to another debt collection company.
We have tried to work with you for some time now to help you repay your account .
Despite repeated attempts to contact you and asking you to talk to us about your account , we have still not heard from you.
We now have to start the next step recovery action. We are passing your account to Financial Investigations and Recoveries(Europe) Limited. They will receive our instructions within the next seven days.
We understand how difficult it can be to have a debt and we also understand how we can help you . We can only do that if you contact us.
If we do not hear from you then Financial Investigations and Recoveries(Europe) Limited will be in touch shortly to agree a repayment plan .
22/04/2014 Cabot
Notice of arrears
This notice is in compliance with the Financial Conduct Authority Consumer Credit Sourebook and is being sent to you because our records who that you are behind with your repayments under your agreement.
Missed and partly made payments
This notice does not give dteails of missed or partly made paymets previously notified whether or not they remain unpaid.
DEFAULT SUMS AND INTEREST
You will not incur any deault sums or extra interest in relation to the missed or partly mae payments indidcated above. This notice does not take account of any payments received after the date of the notice.
Financial Conduct Authority Information Sheet.
This notice should include a copy of the current information sheet on arrears prepared by the Financial Conduct Authority. This contains important information about your rights and whete to go for support and advice, for example , to thnk carefully before boroowing money to repay your debts, as well as our right to charge you interest.
Important Information
This is not a final demand for payment BUT A FORMAL SATUTORY NOTICE TO NOTIFY YOU THAT YOUR ACCOINT IS IN ARREARS . Where we have accepted a lesser amount than your normal contractual repayments, it is important that you continue to make these repayments. Our acceptance of a lesser repayment amount should not be construed as a variation of novation of the terms of your agreement. We have the merely relaxed the ters to suit your needs but at all times reserve the right to strictly enforce the terms if you do not keep up with your repayments
03/05/2014 marlin financial services.
threat of court action to obtain a CCJ if payment arrangement plan is not made within 7 days of the date of this letter 29/04/2014
03/03/2015 Marlin/Cabot group are now a part of Marlin financial services
Letter explaining that cabot (CCM)
We note that you are yet to agree a repayment plan with us for you account and we really need to hear from you so that we can talk about options .
15/07/2015 From Cabot . We refer to your request for a copy of your agreement and statement of account.
Please find enclosed a copy of both documents from the original creditor.
Please contact us by return with your payment proposals to clear the amount outstanding .
1/8/2015 sent missing p&t to cabot
SORRY THIS IS BLUE IT JUST WON'T CHANGE TO RED TO POST A REPLY FROM CABOT
6/8/2015 From Cabot
We write with reference to the above matter and your recent leter received in our office regarding the Agreement we previously sent to you .
Here is an overview of the requirements of section 127(3) of the CCA 1974. For a credit agreement to be enforceable it must contain the following prescribed terms.
1) amount of credit
There must be a term on the agreement which states the amount of credit which has been issued
2)Credit Limit
The agreement must include regarding a credit limit or if a credit limit is not required (i.e. in the case of a loan)
3) repayments
The agreement must contain information on how the debtor is to make repayments. This could be in the form of any of the following .
a. amount of repayments to be made
b.date the repayments are to be made
c.timing of payments
d.frequency of payments
e.total number of repayments (for instance, when a loan is required)
f.the manner in which any of the above is to be determined.
4) rate of interest
There must be a term referring to the rate of interest to be applied to the credit agreement.
credit cards
If you have a credit card then sections 2,3,and 4 apply to you .
We have highlighted the relevant sections in the terms and conditions of your agreement which confirms that the enclosed agreement is a true copy with the cca 1974 . The agreement also does provide your name and address .
Please contact us with your repayment proposals to clear the above outstanding balance.
If you wish to discuss the matter with one of our customer consultants , please call the telephone number ...............
15/08/2015 Cabot
Save £1,214.82 on your balance
Offer to pay £808.88 as a full and final payment .
23/01/2016 Cabot
We would like to help you take some positive steps towards repaying your balance.
If you are able to clear your account within the next few months , we can assess how much you can pay or we can even consider an affordable monthly repayment plan .
Your account may be showing on your credit file and this may affect your ability to obtain credit now and in the future . When you commence payments on your account, every payment you make will reduce the balance shown on your credit file. If you feel you can't make payments then it is important that you call us and explain this to us .
04/02/2016 Cabot - we have not heard from you
despite repeated attempts to contact you, we have been unable to gain your commitment to repay you debt .
the balance is due and we have advise you of several options that we are available,all of which are in an attempt to help you be free of this debt .
you can manage your account by repaying an amount on a monthly basis or make a proposal to clear your account at a reduced balance over several months.
you should be aware that this account may be on your credit file as an outstanding debt . whilst no payments are being made your balance remains the same . this may not just affect you now but in the future if you ant to obtain further credit such as a mortgage or credit card.
if you start making payments towards your account your balance will reduce, if you clear the account then your credit file will be updated to show that no balance is outstanding .
AS I WOULDN'T HAVE KNOW THAT LOL
19/02/2016 Cabot
Your outstanding balance -potential legal action
We were hoping to talk to you about your account since our last letter was sent, this is important as our letters have included options to help you repay your account.
A you have been unable to agree a reasonable repayment plan for your above debt your account has now been selected for possible legal action to recover the balance.
What legal action could mean?
OUr typical approach would be to instruct a solicitor to issue a claim for the amount due and to them an application for CCJ to issued against you.
This could result in additional cost to you ad affect your credit rating for a number of years
bla bla bla threat of earnings order , charging order
Next steps This s a serious matter and should legal action be determined t be a appropriate , you may incur legal costs on your account.
We would prefer to avoid legal action and rather arrange a repayment plan directly with you or talk through other options , however if you don't contact us int he 10 days we will proceed as highlighted above , so it is important that you contact us by Telephone email or our website.
9/3/2016 cabot
we write with reference to your letter requesting a 'true copy' of your credit agreement, to which you claim the one previously provided to be insufficient.
we have reviewed the application form,, which was complete prior to the Halifax pre approving your credit card and can confirm it is a a true copy duly signed furthermore, the terms and conditions are specific to the credit card application (copies enclosed ).
we have also enclosed a statement of account which commences from 2009 which confirmed you had the benefit of the funds in total of £2,202 outstanding at that time relating to your halifax credit card . the statement confirms you were making minimal payments between Feb 2009 and July 2012 when payments ceased .
we therefore conclude we have fully complied with your request and the documents provided are true copies as stated and the balance of 2.202 remains due .
we look forward to hearing from you with you payment proposals .
1/4/2016 Cabot
Thank you for paying in the past, we appreciate that you tried to repay your account . You still 2024 on your account that needs to be paid We would like to help you set up a repayment plan that will see you being free from this balance.
Don't let debt hang over you. We can talk you through our different options and find a solution that suit you.
15/4/2016 cabot
you need to make a new plan
you need to call us to a make a new plan for your account, if you let us know your budget, we can help you work out a repayment plan that suits your current situation.
There may be a very good reason why you couldn't continue your previous plan, we;d like to understand what changed so that we can guide you towards help.
If you are having problems financially there are organisations on the back of this letter that can help you.
call us
we will never ask you t pay more than you can afford. we understand bull. food and other essentials must come first. we will word around your budget and sure your next plan suits your situation .
2/6/2016 Cabot ,Tell us your budget , save £50 on your account when you update us with your current situation ad start repaying .
All you need to do is call us and fill in the budget form, we will make sure you can afford important thing like bills, food and your rent or mortgage then work out what spare money you have.
enclosed is a budget form .
3.03.2017cabot
we have tried to contact you to arrange payment of this account .
I&E to help me pay .
How can we help
Showing me plans that customers have such as this . Balance £1000 Expenses£800 Income £850 Remaining available £50.00
solution 1
Pay £41.67 per month = clear this account within 2 years
Solution 2
Pay £16.67 per month = clear this account within 5 years.
These solutions are for illustrative purposes only. Any solution we can offer you will be based on what you tell us about your financial situation and any goals you may have to repay your account.
15/6/2017 Cabot
Please contact us asap as your account could be sent to an external debt collection company.
21/8/2017 Cabot
Your balance is waiting to be paid
Thank you for paying in the past, we appreciate that tried to repay your account . You still have £2024.70 on your account that needs to be paid. We would like to help you set up a repayment plan that will see you being free of this balance.
Where to go from here
Dont let debt hang over you. We can talk you through our different options and find a solution that suits you . We can.
set up a monthly repayment plan.
Accept a smaller lump sum payment and consider writing off the remaining balance .
call us to discuss your options .
7/09/2017 cabot
you need to make a new plan
call us to make a new plan
we have tried to contact you , we need to hear from you in the couple of weeks .
[/QUOTE/]
UPDATE
_______________________________________
Comment
-
updateOriginally posted by Spent2much View PostRe: spent2much UE diary
Type of account (credit card)mine
Date commenced (2003)
Approx balance (£1,756)
Date last paid (22 June 2012)
Are you on arrangement or not paying (was on dmp now stopped paying)
Status (default/cca being sent )
Account owner (HBOS)
9/7/12 cca request sent to halifax cc
4/8/12 halifax, cannot find original cca. terms and conditions sent to niddy
13/8/12 sent missing PT's to halifax
20/9/12 account assigned to Cabot 3/8/12
9/11/12 payment reminder from Cabot
9/11/12
from cabot
your account is overdue .
You agreed to make monthly repayments to cabot via a debt counsellor, but according to our records these payments have stopped .
We are aware that you are currently dealing with a debt counsellor, and we appreciate your cooperation in this matter.
We have conducted a review of your account and note that your debt counsellor has not yet made a repayment proposal, nor have you made any recent payments towards your account.
We understand that you are experiencing financial difficulties and that your debt counsellor will be making a repayment proposal shortly. However, we would like to offer you an alternative to hlep you be free of this debt within a few months.
OUR SOLuTION
We have already contacted your debt counsellor to advise them of our proposal to accept the lower amount of £1012.35 as full and final settlement of your account , and they may have already contacted you in this regard. If not, and you wish to take advantage of this settlement offer , please contact us within the next fourteen days.
The £1012.35 ideally needs to be paid over the next few weeks but if you do feel that you need more time then we can work with you to arrange this.
We hope you see our proposal as a solution to settle this account. However , should this not be feesible at this stage, we will be happy to continue to work with your debt counsellor to setup a repayment plan
6/02/2014 Cabot
6/02/2014 Cabot
YOU MUST CONTACT US
According to our records you currently owe £****** even though we have made repeated attempts (YES THEY HAVE TO MY MOBILE AND LANDLINE DAILY ) to obtain your commitment to repay this debt.
FIRST STEPS
It is important that you contact us. The balance is due and we have many ways in which we can help you clear this account.
It is important to take the first steps to repay this. No matter how small that is , it is still important to repay the money that is owed.
WHAT NEXT
One of our customer consultants can help you call 000000000
20/03/2014-
Cabot - we are sending your account to another debt collection company.
We have tried to work with you for some time now to help you repay your account .
Despite repeated attempts to contact you and asking you to talk to us about your account , we have still not heard from you.
We now have to start the next step recovery action. We are passing your account to Financial Investigations and Recoveries(Europe) Limited. They will receive our instructions within the next seven days.
We understand how difficult it can be to have a debt and we also understand how we can help you . We can only do that if you contact us.
If we do not hear from you then Financial Investigations and Recoveries(Europe) Limited will be in touch shortly to agree a repayment plan .
22/04/2014 Cabot
Notice of arrears
This notice is in compliance with the Financial Conduct Authority Consumer Credit Sourebook and is being sent to you because our records who that you are behind with your repayments under your agreement.
Missed and partly made payments
This notice does not give dteails of missed or partly made paymets previously notified whether or not they remain unpaid.
DEFAULT SUMS AND INTEREST
You will not incur any deault sums or extra interest in relation to the missed or partly mae payments indidcated above. This notice does not take account of any payments received after the date of the notice.
Financial Conduct Authority Information Sheet.
This notice should include a copy of the current information sheet on arrears prepared by the Financial Conduct Authority. This contains important information about your rights and whete to go for support and advice, for example , to thnk carefully before boroowing money to repay your debts, as well as our right to charge you interest.
Important Information
This is not a final demand for payment BUT A FORMAL SATUTORY NOTICE TO NOTIFY YOU THAT YOUR ACCOINT IS IN ARREARS . Where we have accepted a lesser amount than your normal contractual repayments, it is important that you continue to make these repayments. Our acceptance of a lesser repayment amount should not be construed as a variation of novation of the terms of your agreement. We have the merely relaxed the ters to suit your needs but at all times reserve the right to strictly enforce the terms if you do not keep up with your repayments
03/05/2014 marlin financial services.
threat of court action to obtain a CCJ if payment arrangement plan is not made within 7 days of the date of this letter 29/04/2014
03/03/2015 Marlin/Cabot group are now a part of Marlin financial services
Letter explaining that cabot (CCM)
We note that you are yet to agree a repayment plan with us for you account and we really need to hear from you so that we can talk about options .
15/07/2015 From Cabot . We refer to your request for a copy of your agreement and statement of account.
Please find enclosed a copy of both documents from the original creditor.
Please contact us by return with your payment proposals to clear the amount outstanding .
1/8/2015 sent missing p&t to cabot
SORRY THIS IS BLUE IT JUST WON'T CHANGE TO RED TO POST A REPLY FROM CABOT
6/8/2015 From Cabot
We write with reference to the above matter and your recent leter received in our office regarding the Agreement we previously sent to you .
Here is an overview of the requirements of section 127(3) of the CCA 1974. For a credit agreement to be enforceable it must contain the following prescribed terms.
1) amount of credit
There must be a term on the agreement which states the amount of credit which has been issued
2)Credit Limit
The agreement must include regarding a credit limit or if a credit limit is not required (i.e. in the case of a loan)
3) repayments
The agreement must contain information on how the debtor is to make repayments. This could be in the form of any of the following .
a. amount of repayments to be made
b.date the repayments are to be made
c.timing of payments
d.frequency of payments
e.total number of repayments (for instance, when a loan is required)
f.the manner in which any of the above is to be determined.
4) rate of interest
There must be a term referring to the rate of interest to be applied to the credit agreement.
credit cards
If you have a credit card then sections 2,3,and 4 apply to you .
We have highlighted the relevant sections in the terms and conditions of your agreement which confirms that the enclosed agreement is a true copy with the cca 1974 . The agreement also does provide your name and address .
Please contact us with your repayment proposals to clear the above outstanding balance.
If you wish to discuss the matter with one of our customer consultants , please call the telephone number ...............
15/08/2015 Cabot
Save £1,214.82 on your balance
Offer to pay £808.88 as a full and final payment .
23/01/2016 Cabot
We would like to help you take some positive steps towards repaying your balance.
If you are able to clear your account within the next few months , we can assess how much you can pay or we can even consider an affordable monthly repayment plan .
Your account may be showing on your credit file and this may affect your ability to obtain credit now and in the future . When you commence payments on your account, every payment you make will reduce the balance shown on your credit file. If you feel you can't make payments then it is important that you call us and explain this to us .
04/02/2016 Cabot - we have not heard from you
despite repeated attempts to contact you, we have been unable to gain your commitment to repay you debt .
the balance is due and we have advise you of several options that we are available,all of which are in an attempt to help you be free of this debt .
you can manage your account by repaying an amount on a monthly basis or make a proposal to clear your account at a reduced balance over several months.
you should be aware that this account may be on your credit file as an outstanding debt . whilst no payments are being made your balance remains the same . this may not just affect you now but in the future if you ant to obtain further credit such as a mortgage or credit card.
if you start making payments towards your account your balance will reduce, if you clear the account then your credit file will be updated to show that no balance is outstanding .
AS I WOULDN'T HAVE KNOW THAT LOL
19/02/2016 Cabot
Your outstanding balance -potential legal action
We were hoping to talk to you about your account since our last letter was sent, this is important as our letters have included options to help you repay your account.
A you have been unable to agree a reasonable repayment plan for your above debt your account has now been selected for possible legal action to recover the balance.
What legal action could mean?
OUr typical approach would be to instruct a solicitor to issue a claim for the amount due and to them an application for CCJ to issued against you.
This could result in additional cost to you ad affect your credit rating for a number of years
bla bla bla threat of earnings order , charging order
Next steps This s a serious matter and should legal action be determined t be a appropriate , you may incur legal costs on your account.
We would prefer to avoid legal action and rather arrange a repayment plan directly with you or talk through other options , however if you don't contact us int he 10 days we will proceed as highlighted above , so it is important that you contact us by Telephone email or our website.
9/3/2016 cabot
we write with reference to your letter requesting a 'true copy' of your credit agreement, to which you claim the one previously provided to be insufficient.
we have reviewed the application form,, which was complete prior to the Halifax pre approving your credit card and can confirm it is a a true copy duly signed furthermore, the terms and conditions are specific to the credit card application (copies enclosed ).
we have also enclosed a statement of account which commences from 2009 which confirmed you had the benefit of the funds in total of £2,202 outstanding at that time relating to your halifax credit card . the statement confirms you were making minimal payments between Feb 2009 and July 2012 when payments ceased .
we therefore conclude we have fully complied with your request and the documents provided are true copies as stated and the balance of 2.202 remains due .
we look forward to hearing from you with you payment proposals .
1/4/2016 Cabot
Thank you for paying in the past, we appreciate that you tried to repay your account . You still 2024 on your account that needs to be paid We would like to help you set up a repayment plan that will see you being free from this balance.
Don't let debt hang over you. We can talk you through our different options and find a solution that suit you.
15/4/2016 cabot
you need to make a new plan
you need to call us to a make a new plan for your account, if you let us know your budget, we can help you work out a repayment plan that suits your current situation.
There may be a very good reason why you couldn't continue your previous plan, we;d like to understand what changed so that we can guide you towards help.
If you are having problems financially there are organisations on the back of this letter that can help you.
call us
we will never ask you t pay more than you can afford. we understand bull. food and other essentials must come first. we will word around your budget and sure your next plan suits your situation .
2/6/2016 Cabot ,Tell us your budget , save £50 on your account when you update us with your current situation ad start repaying .
All you need to do is call us and fill in the budget form, we will make sure you can afford important thing like bills, food and your rent or mortgage then work out what spare money you have.
enclosed is a budget form .
3.03.2017cabot
we have tried to contact you to arrange payment of this account .
I&E to help me pay .
How can we help
Showing me plans that customers have such as this . Balance £1000 Expenses£800 Income £850 Remaining available £50.00
solution 1
Pay £41.67 per month = clear this account within 2 years
Solution 2
Pay £16.67 per month = clear this account within 5 years.
These solutions are for illustrative purposes only. Any solution we can offer you will be based on what you tell us about your financial situation and any goals you may have to repay your account.
15/6/2017 Cabot
Please contact us asap as your account could be sent to an external debt collection company.
21/8/2017 Cabot
Your balance is waiting to be paid
Thank you for paying in the past, we appreciate that tried to repay your account . You still have £2024.70 on your account that needs to be paid. We would like to help you set up a repayment plan that will see you being free of this balance.
Where to go from here
Dont let debt hang over you. We can talk you through our different options and find a solution that suits you . We can.
set up a monthly repayment plan.
Accept a smaller lump sum payment and consider writing off the remaining balance .
call us to discuss your options .
7/09/2017 cabot
you need to make a new plan
call us to make a new plan
we have tried to contact you , we need to hear from you in the couple of weeks .
23/09/2017 cabot
sent me an income and expenditure form to fill in and to send it back to see how they can help me start paying ._______________________________________
Comment
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I'm fed up of the letters from cabot - ignoring .Originally posted by Spent2much View PostRe: spent2much UE diary
Type of account (credit card)mine
Date commenced (2003)
Approx balance (£1,756)
Date last paid (22 June 2012)
Are you on arrangement or not paying (was on dmp now stopped paying)
Status (default/cca being sent )
Account owner (HBOS)
9/7/12 cca request sent to halifax cc
4/8/12 halifax, cannot find original cca. terms and conditions sent to niddy
13/8/12 sent missing PT's to halifax
20/9/12 account assigned to Cabot 3/8/12
9/11/12 payment reminder from Cabot
9/11/12
from cabot
your account is overdue .
You agreed to make monthly repayments to cabot via a debt counsellor, but according to our records these payments have stopped .
We are aware that you are currently dealing with a debt counsellor, and we appreciate your cooperation in this matter.
We have conducted a review of your account and note that your debt counsellor has not yet made a repayment proposal, nor have you made any recent payments towards your account.
We understand that you are experiencing financial difficulties and that your debt counsellor will be making a repayment proposal shortly. However, we would like to offer you an alternative to hlep you be free of this debt within a few months.
OUR SOLuTION
We have already contacted your debt counsellor to advise them of our proposal to accept the lower amount of £1012.35 as full and final settlement of your account , and they may have already contacted you in this regard. If not, and you wish to take advantage of this settlement offer , please contact us within the next fourteen days.
The £1012.35 ideally needs to be paid over the next few weeks but if you do feel that you need more time then we can work with you to arrange this.
We hope you see our proposal as a solution to settle this account. However , should this not be feesible at this stage, we will be happy to continue to work with your debt counsellor to setup a repayment plan
6/02/2014 Cabot
6/02/2014 Cabot
YOU MUST CONTACT US
According to our records you currently owe £****** even though we have made repeated attempts (YES THEY HAVE TO MY MOBILE AND LANDLINE DAILY ) to obtain your commitment to repay this debt.
FIRST STEPS
It is important that you contact us. The balance is due and we have many ways in which we can help you clear this account.
It is important to take the first steps to repay this. No matter how small that is , it is still important to repay the money that is owed.
WHAT NEXT
One of our customer consultants can help you call 000000000
20/03/2014-
Cabot - we are sending your account to another debt collection company.
We have tried to work with you for some time now to help you repay your account .
Despite repeated attempts to contact you and asking you to talk to us about your account , we have still not heard from you.
We now have to start the next step recovery action. We are passing your account to Financial Investigations and Recoveries(Europe) Limited. They will receive our instructions within the next seven days.
We understand how difficult it can be to have a debt and we also understand how we can help you . We can only do that if you contact us.
If we do not hear from you then Financial Investigations and Recoveries(Europe) Limited will be in touch shortly to agree a repayment plan .
22/04/2014 Cabot
Notice of arrears
This notice is in compliance with the Financial Conduct Authority Consumer Credit Sourebook and is being sent to you because our records who that you are behind with your repayments under your agreement.
Missed and partly made payments
This notice does not give dteails of missed or partly made paymets previously notified whether or not they remain unpaid.
DEFAULT SUMS AND INTEREST
You will not incur any deault sums or extra interest in relation to the missed or partly mae payments indidcated above. This notice does not take account of any payments received after the date of the notice.
Financial Conduct Authority Information Sheet.
This notice should include a copy of the current information sheet on arrears prepared by the Financial Conduct Authority. This contains important information about your rights and whete to go for support and advice, for example , to thnk carefully before boroowing money to repay your debts, as well as our right to charge you interest.
Important Information
This is not a final demand for payment BUT A FORMAL SATUTORY NOTICE TO NOTIFY YOU THAT YOUR ACCOINT IS IN ARREARS . Where we have accepted a lesser amount than your normal contractual repayments, it is important that you continue to make these repayments. Our acceptance of a lesser repayment amount should not be construed as a variation of novation of the terms of your agreement. We have the merely relaxed the ters to suit your needs but at all times reserve the right to strictly enforce the terms if you do not keep up with your repayments
03/05/2014 marlin financial services.
threat of court action to obtain a CCJ if payment arrangement plan is not made within 7 days of the date of this letter 29/04/2014
03/03/2015 Marlin/Cabot group are now a part of Marlin financial services
Letter explaining that cabot (CCM)
We note that you are yet to agree a repayment plan with us for you account and we really need to hear from you so that we can talk about options .
15/07/2015 From Cabot . We refer to your request for a copy of your agreement and statement of account.
Please find enclosed a copy of both documents from the original creditor.
Please contact us by return with your payment proposals to clear the amount outstanding .
1/8/2015 sent missing p&t to cabot
SORRY THIS IS BLUE IT JUST WON'T CHANGE TO RED TO POST A REPLY FROM CABOT
6/8/2015 From Cabot
We write with reference to the above matter and your recent leter received in our office regarding the Agreement we previously sent to you .
Here is an overview of the requirements of section 127(3) of the CCA 1974. For a credit agreement to be enforceable it must contain the following prescribed terms.
1) amount of credit
There must be a term on the agreement which states the amount of credit which has been issued
2)Credit Limit
The agreement must include regarding a credit limit or if a credit limit is not required (i.e. in the case of a loan)
3) repayments
The agreement must contain information on how the debtor is to make repayments. This could be in the form of any of the following .
a. amount of repayments to be made
b.date the repayments are to be made
c.timing of payments
d.frequency of payments
e.total number of repayments (for instance, when a loan is required)
f.the manner in which any of the above is to be determined.
4) rate of interest
There must be a term referring to the rate of interest to be applied to the credit agreement.
credit cards
If you have a credit card then sections 2,3,and 4 apply to you .
We have highlighted the relevant sections in the terms and conditions of your agreement which confirms that the enclosed agreement is a true copy with the cca 1974 . The agreement also does provide your name and address .
Please contact us with your repayment proposals to clear the above outstanding balance.
If you wish to discuss the matter with one of our customer consultants , please call the telephone number ...............
15/08/2015 Cabot
Save £1,214.82 on your balance
Offer to pay £808.88 as a full and final payment .
23/01/2016 Cabot
We would like to help you take some positive steps towards repaying your balance.
If you are able to clear your account within the next few months , we can assess how much you can pay or we can even consider an affordable monthly repayment plan .
Your account may be showing on your credit file and this may affect your ability to obtain credit now and in the future . When you commence payments on your account, every payment you make will reduce the balance shown on your credit file. If you feel you can't make payments then it is important that you call us and explain this to us .
04/02/2016 Cabot - we have not heard from you
despite repeated attempts to contact you, we have been unable to gain your commitment to repay you debt .
the balance is due and we have advise you of several options that we are available,all of which are in an attempt to help you be free of this debt .
you can manage your account by repaying an amount on a monthly basis or make a proposal to clear your account at a reduced balance over several months.
you should be aware that this account may be on your credit file as an outstanding debt . whilst no payments are being made your balance remains the same . this may not just affect you now but in the future if you ant to obtain further credit such as a mortgage or credit card.
if you start making payments towards your account your balance will reduce, if you clear the account then your credit file will be updated to show that no balance is outstanding .
AS I WOULDN'T HAVE KNOW THAT LOL
19/02/2016 Cabot
Your outstanding balance -potential legal action
We were hoping to talk to you about your account since our last letter was sent, this is important as our letters have included options to help you repay your account.
A you have been unable to agree a reasonable repayment plan for your above debt your account has now been selected for possible legal action to recover the balance.
What legal action could mean?
OUr typical approach would be to instruct a solicitor to issue a claim for the amount due and to them an application for CCJ to issued against you.
This could result in additional cost to you ad affect your credit rating for a number of years
bla bla bla threat of earnings order , charging order
Next steps This s a serious matter and should legal action be determined t be a appropriate , you may incur legal costs on your account.
We would prefer to avoid legal action and rather arrange a repayment plan directly with you or talk through other options , however if you don't contact us int he 10 days we will proceed as highlighted above , so it is important that you contact us by Telephone email or our website.
9/3/2016 cabot
we write with reference to your letter requesting a 'true copy' of your credit agreement, to which you claim the one previously provided to be insufficient.
we have reviewed the application form,, which was complete prior to the Halifax pre approving your credit card and can confirm it is a a true copy duly signed furthermore, the terms and conditions are specific to the credit card application (copies enclosed ).
we have also enclosed a statement of account which commences from 2009 which confirmed you had the benefit of the funds in total of £2,202 outstanding at that time relating to your halifax credit card . the statement confirms you were making minimal payments between Feb 2009 and July 2012 when payments ceased .
we therefore conclude we have fully complied with your request and the documents provided are true copies as stated and the balance of 2.202 remains due .
we look forward to hearing from you with you payment proposals .
1/4/2016 Cabot
Thank you for paying in the past, we appreciate that you tried to repay your account . You still 2024 on your account that needs to be paid We would like to help you set up a repayment plan that will see you being free from this balance.
Don't let debt hang over you. We can talk you through our different options and find a solution that suit you.
15/4/2016 cabot
you need to make a new plan
you need to call us to a make a new plan for your account, if you let us know your budget, we can help you work out a repayment plan that suits your current situation.
There may be a very good reason why you couldn't continue your previous plan, we;d like to understand what changed so that we can guide you towards help.
If you are having problems financially there are organisations on the back of this letter that can help you.
call us
we will never ask you t pay more than you can afford. we understand bull. food and other essentials must come first. we will word around your budget and sure your next plan suits your situation .
2/6/2016 Cabot ,Tell us your budget , save £50 on your account when you update us with your current situation ad start repaying .
All you need to do is call us and fill in the budget form, we will make sure you can afford important thing like bills, food and your rent or mortgage then work out what spare money you have.
enclosed is a budget form .
3.03.2017cabot
we have tried to contact you to arrange payment of this account .
I&E to help me pay .
How can we help
Showing me plans that customers have such as this . Balance £1000 Expenses£800 Income £850 Remaining available £50.00
solution 1
Pay £41.67 per month = clear this account within 2 years
Solution 2
Pay £16.67 per month = clear this account within 5 years.
These solutions are for illustrative purposes only. Any solution we can offer you will be based on what you tell us about your financial situation and any goals you may have to repay your account.
15/6/2017 Cabot
Please contact us asap as your account could be sent to an external debt collection company.
21/8/2017 Cabot
Your balance is waiting to be paid
Thank you for paying in the past, we appreciate that tried to repay your account . You still have £2024.70 on your account that needs to be paid. We would like to help you set up a repayment plan that will see you being free of this balance.
Where to go from here
Dont let debt hang over you. We can talk you through our different options and find a solution that suits you . We can.
set up a monthly repayment plan.
Accept a smaller lump sum payment and consider writing off the remaining balance .
call us to discuss your options .
7/09/2017 cabot
you need to make a new plan
call us to make a new plan
we have tried to contact you , we need to hear from you in the couple of weeks .
23/09/2017 cabot
sent me an income and expenditure form to fill in and to send it back to see how they can help me start paying .
16/10/2014 Cabot
Tell us your budget , save £50
Save £50 on your account with us when you update us with your current situation and start paying .
All you need to do is call us and fill out a budget form, we will make sure that you can afford important things like bills, good and rent or mortgage , then work out what spare money you have ._______________________________________
Comment
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updateOriginally posted by Spent2much View PostRe: spent2much UE diary
Type of account (loan HP )
joint
Date commenced (2005)
Approx balance (£3,070)
Date last paid (22 June 2012)
Are you on arrangement or not paying (was on dmp now stopped paying)
Status (default/cca being sent )
Account owner (black horse) dca need to find details
9.7/12012 sent cca request
29/09/2012 received copy of cca sent to niddy
r
received back from niddy 03/09/2012
ue because they added an arrangement fee the loan
15/10/2012 sent missing pt's
8/11/2012 from Black horse, cca was enforceable and asking questions why I think it is not.
18/07/2014 Capquest
The consumer credit act 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.
If you have not already done so , please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.
If you want more information about which payments you failed to make please get in touch with us . We are required to give you this information within fifteen days of receiving your request for it .
16/01/2015 capquest
Notice of Sums in Arrears
The cca 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.
If you have not already done so, please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.
This is not a demand for immediate payment if we have already agreed a repayment arrangement with you. If an arrangement has been made, this will cover the arrears in this notice and there is no need to contact us an you should continue to make payments in line with that arrangement. If you are unable to make these agreed repayments at any time in the future then please contact us to discuss your current circumstances and we will be able to assist you. If we have not agreed a repayment arrangement then please contact us.
20/07/2015 capquest
as above same thing not a demand for payment just notice of sums in arrears .
20/1/2016 capquest yearly reminder of arrears exactly the same letter as above .
19/1/2017- same as above .
20/7/2017 -Notice of sums of arrears -.This is not a demand for immediate payment if we have already agreed a repayment arrangement with you . If an arrangement has been made, this will cover the arrears in this notice and there is no need to contact us and you should continue to make payments in the line with that arrangement. If you are unable to make these agreed repayments at any time in the future then please contact us to discuss your current circumstances ad we will be able to assist you.If we have not agreed a repayment arrangement then please contact us . .
25/10/2017 capquest
We are writing to inform you that capquest debt recovery limited will no longer be managing your account.
what does this mean for you ?
The balance on your account is still owed to caquest and NCO Europe ltd are now managing your account and will be writing to you shortly to confirm detail of this change. You should now direct all queries, correspondence and payments to them .
_______________________________________
Comment
-
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update - i've got three months left until statute barred - shall i ignore this or should i be doing something to stall them ? thanks .Originally posted by Spent2much View PostRe: spent2much UE diary
Type of account (credit card)mine
Date commenced (2005) i put 2005 but they may be before this also
Approx balance.( £940.66
Date last paid (22/06/2012)
Are you on arrangement or not paying (stopping dmp )
Status ( i believe a default was received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )
Account owner ( Barclaycard)
9/7/2012 sent cca request
4/8/2012 Barclaycard looking for original agreement
12/02/2013 from barclaycard
cca recon sent to niddy
sending missing pt's today
13/02/13 sent missing pt's
22/02/2012 from Barclaycard
About your complaint
Thank you for contacting us on 13th Feb 2013 regarding your Barclaycard
I am sorry that you have had reason to complain.
I understand you are not satisfied that we have complied with our obligations
under the section 78 of CCA. We believe your credit agreement is to be fully compliant with the Act and any allegations that it is not will be opposed.
I realise this is not the answer you wanted, so I have given the details below so you can see the reasons behind our decision.
I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made the error.
I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been to the relevant department who will contact you directly regarding this .
______
It goes on to explain about the case of carey v hsbc
then about the statement of the terms of the agreement as varied
regulation 7 of CNC regulations provides that, where an agreement has been varied in accprdance with section 82(1) of the Act (as is the case with your credit agreement )
___________
amother 2 pages of statement of account
compliance with section 61 of the Act
office of fair trading
timescales
your opininons
Please take this letter as our final response to your complaint. If anything is unclear of if you are unhappy with the way we have handled your complaint,
please write to the above address. I will do all I can to answer your questions and reach an agreement with you.
28/6/2017 Barclaycard
We'll soon be transferring your account over to Hoist Portfolio Limited , who have chosen Robinson Way Limited to act on their behalf .
Robinson way will be in touch once the transfer is complete .
17/08/2017 Hoist Portfolio Limited
Notice of Assignment
We are writing to notify you that Barclays Bank PLC trading as Barclaycard has assigned all of its respective rights, title and interest in respect of the above referenced account (including the outstanding balance )to Hoist Portfolio effective 19 July 2017.
The total balance sold was £940.66 as at 6 June 2017. Any payments made towards your account after this date will have been forwarded to HPH Lrd and your current balance is £940.66.
Under the terms of this assignment , and as defined in the data protection act 1998, HPH is now the data controller of your personal data contained in the records of this account and will use your personal details solely for this the purpose of managing your account and collecting the outstanding balance.
Robinson way limited has been appointed by HPH to manage your account and it is essential that all future payment and correspondence regarding this account be directed to Robinson way limited .
17/08/2017 Robinson way
Please contact us as soon as possible to agree your payment plan
e Pleas nt that if you don't get in touch we will advise you of further collection activity that may be taken against your account, which could typically include
referring your account ot our client's solicitors and and asking them to issue a county court claim which could result in a country court judgement being entered .
we would prefer to help you and these are last resort actions so please contact us as soon as possible to agree your plan today .
1/9/2017 Robinson way
We recently wrote to advise you that we are collecting your outstanding balance and we want to help you pay off your debt . To do this we need to understand your circumstances.
All you need to do is register on our website and choose 'set up my payments plan' Then we can work out how much can afford to pay and set up your installment arrangement with us
Or you can phone us
Or you can offer a reduced settlement amount which if agreed ca be paid over a number of months.
22/03/2018 Robinson Way
We need you take action - agree a repayment plan today
It's important that you get in touch with us to tell us about your situation . We can then agree an affordable repayment plan with you.
Taking steps to manage your account is important. If you choose to do nothing , we will advise you of further collections activity that may be taken against you. This could include :
*Referring your account to our client's solicitors and asking them to issue a CCJ which could result in a CCJ being entered .
We'd rather agree an affordable repayment plan with so please contact us today .
_______________________________________
Comment
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In my opinion, I would ignore for now, nothing threatening.Comment
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You say statute barred but since you have lost your earlier paperwork that might NOT be the case!!
You will at some point need a SAR from Barclaycard! Ideally after Hoist have ransacked Barclaycard's records!
Your Diary records the ongoing complaint with Barclaycard and this is to your advantage because it seems that a Enforcible CCA never turned up.
I can't see that you have ever issued a SWID to Hoist
Unless anybody else has other suggestions.
Now seem to be the time to do send Hoist a SWID copy to RW. This will eat up the time and bring about that Hoists 'ransack' previously mentioned.
Then follow this a SAR to Barclaycard say after a 2 -3 weeks later (so that the SAR will include Hoists queries to Barclaycard re your SWID)
This way you should be in a better position to be sure off SB and your position here..
Comment
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I agree with Roger, if a SWID has not been sent, send one now. If you have never replied to them how will they know that the account is in dispute?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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I'll have to wait for another letter I cannot find the one they sent - its here somewhere but i am stressed to high heaven with a very serious situation going on in my family right now I cannot say what it is as it is so bad .
I'll keep looking for the letter but my head isn't in the right place ._______________________________________
Comment
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Sorry to hear about your family concerns S2M.......I hope things resolve themselves soon for you - This is an added pressure you could do without
Whilst I agree that a SWID letter should be the first point of contact for these.........If it were me ( and there is no right and wrong way unfortunately ) I don't think I would be replying just yet for the following reasons.......
Robbo Way are usually quite soft with their approach and if you don't correspond with them they will usually send you a barrage of letters before attempting to do anything else.......Which could easily be 2 or more months......Exactly what we need?
They may pass it back to Hoist and the story starts again.........Another month or two.........Lack of action and stalling for time will be your friend here.........Why set wheels in motion before you have to?
In that time......Robinson Way would not even bother to attempt to gain any further details from Barclaycard etc because its quite normal for debtors to not reply etc.........
Then and only when the letters start to change would I send the SWID letter which will cause them to raid Barclaycards records as Roger said. The idea would be to string it out as long as is sensible before you reply.......It could easily be 6 months etc..........Each day is a day nearer or a day past the SB point - Depending on where we are with this account
If they are not threatening anything........What have you got to lose by not replying? All they will do is write again......big deal
We have all heard the 47th hand horror stories of " They will use it against you if you don,t reply".......But I am unaware of an actual case where this has been used against a defendant ( successfully or otherwise - But I am happy to be educated) .....And of course you would reply.......when the time is right
The SAR ( if needed) could then be timed after the SWID reply - As previously mentioned
Think about it.......You are so close.......Whats a few introduction letters?
It may go against the grain slightly of the usual recommended practices........and no doubt there will be some who disagree.........But tactics are what win the day sometimes and I would hate for RW to start digging on this now and issue just before a possible SB date
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Thank you everyone for the replies - I'm not going to reply as yet because I just can't find the letter my mind is turmoil - so leaving it until they write again .
Our debts are SB 22 June so not long now - we haven't received any defaults since 2012 for sure so our credit file should be free of them if they were I could be wrong .
Once again thank you xx_______________________________________
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Update - our debts become SB next month so not even responding to this letter .Originally posted by Spent2much View PostRe: spent2much UE diary
Type of account (credit card)mine
Date commenced (2005) i put 2005 but they may be before this also
Approx balance.( £940.66
Date last paid (22/06/2012)
Are you on arrangement or not paying (stopping dmp )
Status ( i believe a default was received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )
Account owner ( Barclaycard)
9/7/2012 sent cca request
4/8/2012 Barclaycard looking for original agreement
12/02/2013 from barclaycard
cca recon sent to niddy
sending missing pt's today
13/02/13 sent missing pt's
22/02/2012 from Barclaycard
About your complaint
Thank you for contacting us on 13th Feb 2013 regarding your Barclaycard
I am sorry that you have had reason to complain.
I understand you are not satisfied that we have complied with our obligations
under the section 78 of CCA. We believe your credit agreement is to be fully compliant with the Act and any allegations that it is not will be opposed.
I realise this is not the answer you wanted, so I have given the details below so you can see the reasons behind our decision.
I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made the error.
I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been to the relevant department who will contact you directly regarding this .
______
It goes on to explain about the case of carey v hsbc
then about the statement of the terms of the agreement as varied
regulation 7 of CNC regulations provides that, where an agreement has been varied in accprdance with section 82(1) of the Act (as is the case with your credit agreement )
___________
amother 2 pages of statement of account
compliance with section 61 of the Act
office of fair trading
timescales
your opininons
Please take this letter as our final response to your complaint. If anything is unclear of if you are unhappy with the way we have handled your complaint,
please write to the above address. I will do all I can to answer your questions and reach an agreement with you.
28/6/2017 Barclaycard
We'll soon be transferring your account over to Hoist Portfolio Limited , who have chosen Robinson Way Limited to act on their behalf .
Robinson way will be in touch once the transfer is complete .
17/08/2017 Hoist Portfolio Limited
Notice of Assignment
We are writing to notify you that Barclays Bank PLC trading as Barclaycard has assigned all of its respective rights, title and interest in respect of the above referenced account (including the outstanding balance )to Hoist Portfolio effective 19 July 2017.
The total balance sold was £940.66 as at 6 June 2017. Any payments made towards your account after this date will have been forwarded to HPH Lrd and your current balance is £940.66.
Under the terms of this assignment , and as defined in the data protection act 1998, HPH is now the data controller of your personal data contained in the records of this account and will use your personal details solely for this the purpose of managing your account and collecting the outstanding balance.
Robinson way limited has been appointed by HPH to manage your account and it is essential that all future payment and correspondence regarding this account be directed to Robinson way limited .
17/08/2017 Robinson way
Please contact us as soon as possible to agree your payment plan
e Pleas nt that if you don't get in touch we will advise you of further collection activity that may be taken against your account, which could typically include
referring your account ot our client's solicitors and and asking them to issue a county court claim which could result in a country court judgement being entered .
we would prefer to help you and these are last resort actions so please contact us as soon as possible to agree your plan today .
1/9/2017 Robinson way
We recently wrote to advise you that we are collecting your outstanding balance and we want to help you pay off your debt . To do this we need to understand your circumstances.
All you need to do is register on our website and choose 'set up my payments plan' Then we can work out how much can afford to pay and set up your installment arrangement with us
Or you can phone us
Or you can offer a reduced settlement amount which if agreed ca be paid over a number of months.
22/03/2018 Robinson Way
We need you take action - agree a repayment plan today
It's important that you get in touch with us to tell us about your situation . We can then agree an affordable repayment plan with you.
Taking steps to manage your account is important. If you choose to do nothing , we will advise you of further collections activity that may be taken against you. This could include :
*Referring your account to our client's solicitors and asking them to issue a CCJ which could result in a CCJ being entered .
We'd rather agree an affordable repayment plan with so please contact us today .
12/05/2018 Robinson way
Pay 60% of your outstanding balance .
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Comment
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