Alison's UE Diary

[RhodriMawr]

I persuaded my partner last summer to give UE a go and stop her Step Change DMP. Only 4 debts. Will list them all during the week, but will start with one that is proving troublesome.


Original Creditor

Debt #1 - RBS AA Credit card.

Date of Agreement -September 2003.

Current Owner

- Cabot Financial (UK) Ltd

Debt Balance

- £2585.98

2017
August 17th

-

CCA request sent to MDR who were collecting the debt.

August 24th

- Letter from Moorcroft Debt Recovery stating that they had forwarded my request to their client.

2018
January 20th-

Letter from Cabot Financial UK Ltd, welcoming back to Cabot who have decided to manage the debt.

February 10th -
Letter asking us to get in touch to discuss a payment plan.



March 14th-
Letter contents as previous letter.



April 1st -
Letter to remind a new payment plan needs to be in place.


May 10th -
Letter warning of potential legal action.


May 31st -
Letter before claim from Mortimer Clarke Solicitors requesting contact within 30 days.

June 7th -

Letter sent to Cabot and copied to Mortimer Clarke Solicitors complaining about harassment through phone calls and letters regarding the alleged debt and reminding them that I had not received a response to my CCA request.

June 22nd -

Response from Cabot (dated June21st), enclosed was what appears to be a properly executed CCA (I will email to Niddy to check as soon as I can scan). Cabot apologised for the breakdown in their service which resulted in them not forwarding the CCA to my when they received from RBS in September. They consider the agreement is now enforceable and they are entitled to consider a CCJ and request us to contact Mortimer Clarke Solicitors to discuss options.

June 23rd -

Letter from Mortimer Clarke (dated June 18th) , acknowledging our letter. For the avoidance of doubt, this firm acts on its client's instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can. In the meantime, the matter has been placed on hold and no further action will be taken.

We will send a SAR to RBS tomorrow. Could anyone please advise on what steps to take please?

Debt #2 Original Creditor - RBS AA Credit card.
Date of Agreement -August 2005.
Current Owner - RBS (Managed by Moorcroft)
Debt Balance - £1987

2017
August 23^rd - CCA request sent to MDR who were collecting the debt.
December 27^th – Correspondence from Wescot, who were managing the debt, acknowledging the account is in dispute and returning £1.00 PO and an attached sheet with a Halifax log and the Lloyds Banking Group, Manchester Credit Card Operation address, that I have not provided a credit card number and they cannot locate the account with details provided.
2018
February 22^nd. Account statement provided by RBS.
March 5^th - Letter from RBS stating debt collection is transferred from Wescot to Moorcroft.
March 9^th – Introductory letter from Moorcroft.
April 4^th – Monthly instalment offer.
April 18^TH – Letter requesting contact is made.
June 26^th - Letter stating that their local representative will be making a doorstep visit to establish contact on July7th.
June 29^th – Letter sent to Moorcroft stating, “that under the FCA CONC rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or any representative of yours”.
July 7^th – Doorstep visit carried out, letter left with I & E form.
July 13^th – Letter received from Moorcroft, explaining reason for home visit.
September 10^th – Letter received with a CCA enclosed, will send to Niddy opinion.

Debt #3 Original Creditor - Barclaycard
Date of Agreement - Approx. 1995
Current Owner – Link Financial
Debt Balance - £11987
2017
August 18^th - CCA request sent to MDR who were collecting the debt.
2018
March 2^nd -Letter from Wescot, requesting contact is made regarding the debt.
March 9^th – As above.
September 12^th – Letter from Link stating they are writing to validate the address.

[Joanna Connolly Solicitors]

Hello Alison's Partner

Don't send a s 77-79 CCA Request to RBS tomorrow since they no longer own this debt.

According to you it's owned by Cabot Financial (UK) Ltd. who have intsructed Mortimer Clarke Solicitors to collect the debt.

I'll pop back tomorrow to read everything else in your post - I just wanted to stop you from sending your CCA Request to the wrong people.

I see you/she sent a CCA Request to MDR on August 17th 2017. Who/what is MDR?

I also see Alison was sent a Letter Before Claim from Mortimer Clarke on 31st May.

Di

[RhodriMawr]

Good Evening Di , Moorcroft. I will also edit my post to state the original agreement was dated September 2003. Apologies, I meant SAR to RBS, is that OK?

[Joanna Connolly Solicitors]

Good Evening Di , Moorcroft. I will also edit my post to state the original agreement was dated September 2003. Apologies, I meant SAR to RBS, is that OK?

I'll help you and Alison with this tomorrow.

Di

[Joanna Connolly Solicitors]

So you received a formal Letter Before Claim from Mortimer Clarke Solicitors dated 31st May (or was that the date you received the LBC?).

It seems your response (correct me if I’ve misunderstood) was to send a letter complaining of harassment to Cabot on 7th June. You didn’t complete the form you were sent with tick boxes A - D (or did you?).

On the 22nd June Cabot sent you documents which they say complied with your s 77-79 CCA Request.

You've sent those documents to Niddy for an opinion on their enforceability.

Section 77-79 CCA is for ‘information ’ purpose not ‘proof’ purpose so a credit agreement may pass the first test but not necessarily the second.

Post up the verdict when you get it.

Di

[RhodriMawr]

Letter before claim was dated May 31st.

I did not complete the tick box form.

I will have forwarded the documents to Niddy tomorrow for an opinion on enforceability.

Thanks.

[Joanna Connolly Solicitors]

Letter before claim was dated May 31st.

I did not complete the tick box form.

I will have forwarded the documents to Niddy tomorrow for an opinion on enforceability.

Okay, then wait for Niddy's opinion on your credit agreement so you can decide how to handle the Letter Before Claim.

Can you also give a brief outline as to what happened after the account was opened in 2003 and when you sent a s77-79 CCA Request to Cabot Financial (UK) Ltd. Just a brief paragraph to put things in context.

And finally, do you know how/why your partner opened the AA branded RBS card?

Di

[RhodriMawr]

Hi Di,

Sorry for slow response.

Account opened in 2003 and a DMP was set up with Step Change in 2011.

CCA request was initially made to Moorcroft who were handling the debt for Cabot. Response from Moorcroft stating the request had been passed on to Cabot. CCA was only sent to us last week.

Niddy has checked and believes it is enforceable.

Thanks.

[RhodriMawr]

Have sent a SAR to Cabot yesterday. What is likely to happen when the 30 day deadline on the letter before claim has expired?

[Still Waving]

Hi

I think the SAR should have been sent to RBS, the original creditor.

[Roger]

You need to send a SAR to STEPCHANGE and another to RBS.
Do this right away.

What is the deadline for the Letter Before Claim?

What you need to do is send a Missing P/T's letter (AAD) to Cabot AT THE SAME TIME AS YOU SEND Letter Before Claim back. BOTH ON THE SAME DAY AND RECORDED DELIVERY.
The timing is crucial so that the arrive on the same Day!

In the Letter Before Claim Deny the Debt and the give the reason is Outstanding S.77/78 CCA request.

[Roger]

Its is imperative that you deal now with the Letter Of Claim and the SAR's to STEPCHANGE and RBS.

The Deadline for the Letter Of Claim is today (31st May plus 30 Days). Querying a 2003 CCA is perfectly reasonable in your circumstances!
So send of by Post today the Missing P/T's Letter (AAD template letters https://www.all-about-debt.co.uk/for...ed%20Terms.doc
AND on the Letter Before Debt tick deny the Debt and give reason Outstanding S 77/78 CCA request

For your guidance your are querying whether a VALID CCA has been sent to you! Hence missing P/T's

But you need the back ground information here from STEPCHANGE and RBS as soon as possible.

Originally posted by RhodriMawr View Post

Letter before claim was dated May 31st.

I did not complete the tick box form.

I will have forwarded the documents to Niddy tomorrow for an opinion on enforceability.

Okay, then wait for Niddy's opinion on your credit agreement so you can decide how to handle the Letter Before Claim.

Can you also give a brief outline as to what happened after the account was opened in 2003 and when you sent a s77-79 CCA Request to Cabot Financial (UK) Ltd. Just a brief paragraph to put things in context.

And finally, do you know how/why your partner opened the AA branded RBS card?

Di

[RhodriMawr]

Good Evening Roger, I have printed all letters above that you have suggested and will post tomorrow. Unfortunately I cannot access emails during the daytime which sets me back a bit. We have also been without home broadband for around 3 weeks until last week , which restricted my access to the site for information.

[Roger]

Good Evening Roger, I have printed all letters above that you have suggested and will post tomorrow. Unfortunately I cannot access emails during the daytime which sets me back a bit. We have also been without home broadband for around 3 weeks until last week , which restricted my access to the site for information.

That's tough!
We all here have Our individual stories; problems and issues.
Many have blagged CCA's especially pre April 2007.
My guess is that Niddy suggested send the Missing P/T's letter!

Although they have sent you the CCA it is perfectly reasonable to say missing P/T's in other words in your opinion its UE in its present Form.
This is a perfectly reasonable response and gives you the rational for replying to the Letter Before Claim.

Now you need this background information that the SAR's should give you and the time it will take for this to be sent.

AAD doesn't rely exclusively on the CCA but it gives you immediate legal protection. However the S 77/78 it is for Information purposes and is not necessarily 'proof'. So we need to find out whether this is a TRUE copy in other words reconstituted!!
There are many many reasons why a Debt is UE. This is where you need the SAR information.

Remember Di's request for further information
""..
Can you also give a brief outline as to what happened after the account was opened in 2003 and when you sent a s77-79 CCA Request to Cabot Financial (UK) Ltd. Just a brief paragraph to put things in context.

And finally, do you know how/why your partner opened the AA branded RBS card?
.."
It will be helpful if you can also give this background information!

Cabot Financial (UK) Ltd.have FCA licensing issues! That is irrespective of whether the CCA is EN!! There are likely to be other issues!

[Joanna Connolly Solicitors]

I have printed all letters above that you have suggested and will post tomorrow.

It's difficult to comment since I can't see any history for this debt on the thread apart from the fact that Cabot have recently sent you a credit agreement which has been deemed enforceable.

I'm also not sure what letters you've printed and sent.

Mortimer Clarke solicitors are likely to issue a claim unless they get a response to their LBC so send back the form ticking Box D to say that you dispute the debt giving non compliance with s 77 -79 CCA as the reason.

Then go to Box I (where you can request documents) and ask for the Default Notice, the Notice of Assignment and the Deed of Assignment between RBS and Cabot Financial (UK) Ltd. I have a reason for stressing the importance of asking for this.

You may have missed the deadline so fingers crossed for you and your partner.

Di