**DISCONTINUED**. court claim for credit card that was in dispute

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

are they telling me porky pies and keeping me dangling for the hell of it?

I'd say so

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

That's good of them
its affecting my credit rating so what's the earliest I can apply for it to be struck out? Will I have to ask them to remove the default too?
The courts said they can't be the ones defaulting me on my credit report but it's definitely Cabot Financial and they've been doing it since 2011, it was Sainsburys themselves till then.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

That's good of them
its affecting my credit rating so what's the earliest I can apply for it to be struck out? Will I have to ask them to remove the default too?
The courts said they can't be the ones defaulting me on my credit report but it's definitely Cabot Financial and they've been doing it since 2011, it was Sainsburys themselves till then.

Can anyone advise on what to do now please?
They have told me they are still waiting on paperwork. I still have a default being put on my credit file.
Courts have said I can't apply for a strike out either.

[nemesis45]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Can anyone advise on what to do now please?
They have told me they are still waiting on paperwork. I still have a default being put on my credit file.
Courts have said I can't apply for a strike out either.

Debts are defaulted and accounts terminated by the original creditor, the debt purchaser in this case Cabot can only " UP DATE" the original data placed on the credit files by said creditor.

To get any movement on removal of a default you must challenge it with the original creditor as unfair/inaccurate , Cabot cannot change or remove it.

The key here is I think the word "dispute" if you believed there was a "dispute" it appears that OC concluded there was not any reason for a dispute and has sold the debt on.
There is nothing to stop them selling a debt at any point dispute or not.
The default will remain on file.

You will need to await the paper work.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Debts are defaulted and accounts terminated by the original creditor, the debt purchaser in this case Cabot can only " UP DATE" the original data placed on the credit files by said creditor.

To get any movement on removal of a default you must challenge it with the original creditor as unfair/inaccurate , Cabot cannot change or remove it.

The key here is I think the word "dispute" if you believed there was a "dispute" it appears that OC concluded there was not any reason for a dispute and has sold the debt on.
There is nothing to stop them selling a debt at any point dispute or not.
The default will remain on file.

You will need to await the paper work.

thanjs for your reply, I have had no update from the solicitors with regards to the paperwork they are aparently still waiting for. It seems I have been left hanging. I have heard from the original debtors who's letters I will post on here asap. They sent a letter supposedly sent on 25 March 2009 which I fid not receive replying to my letter which I sent three times. I maintain that I did but receive this letter. Had I done so this issue would not be happening now.
i do not understand why a company can leave me in supense indefinitely. And with regards to the credit file, if they aren't going to carry on with the court case possibly because the agreement is unenforceable how can they continue to default me on it?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Also, the letter they claim they sent was not in my sar that I received from the oc a few months ago. All their other letters were. I believe they have fabricated this letter of reply since receiving my complaint...

[nemesis45]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

thanjs for your reply, I have had no update from the solicitors with regards to the paperwork they are aparently still waiting for. It seems I have been left hanging. I have heard from the original debtors who's letters I will post on here asap. They sent a letter supposedly sent on 25 March 2009 which I fid not receive replying to my letter which I sent three times. I maintain that I did but receive this letter. Had I done so this issue would not be happening now.
i do not understand why a company can leave me in supense indefinitely. And with regards to the credit file, if they aren't going to carry on with the court case possibly because the agreement is unenforceable how can they continue to default me on it?

Save me looking back is it the agreement they are "waiting for"?
If so and they failed to meet the 12 + 2 Working days for compliance with a CCA request the agreement is unen. until the agreement or a viable reconstitute agreement is available.

Unfortunately none of this affects the reporting of the status of the alleged debt to credit reference agencies.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

No they sent the agreement but others giving advice on the thread have said that it appears to be unenforceable due to the terms and conditions not being on the agreement that I signed. They were sent separately some time later.

[MIKE770]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

No they sent the agreement but others giving advice on the thread have said that it appears to be unenforceable due to the terms and conditions not being on the agreement that I signed. They were sent separately some time later.

Not with the agreement at inception makes it unenforceable ?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Terms weren't included at inception, I was shopping in sainsburys at the time.

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

No they sent the agreement but others giving advice on the thread have said that it appears to be unenforceable due to the terms and conditions not being on the agreement that I signed. They were sent separately some time later.

That is correct, if the terms were not present at the time of inception, the account would be irredeemable unenforceable as opposed to just temporarily UE when they haven't been able to satisfy a s.78 request. :whoo: :whoo:

Terms weren't included at inception, I was shopping in sainsburys at the time.

I remember when they followed round Sainsbury's asking you to fill in an application for a credit card. Was this around 2003/04?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

That is correct, if the terms were not present at the time of inception, the account would be irredeemable unenforceable as opposed to just temporarily UE when they haven't been able to satisfy a s.78 request. :whoo:

I remember when they followed round Sainsbury's asking you to fill in an application for a credit card. Was this around 2003/04?

Yes that's correct. it was 2003.
I'm unsure what to do next with both The OC and Cabot who now own the debt.
I'll post the response from sainsburys in regards to my complaint to the ombudsman. I'm interested to hear your thoughts on the matter.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I am wrong about the letter they have included from the 25th march, this is the letter I responded too three times and was ignored. I think I see my error now as the letter states that if I am not happy with the offer they have made that I must complain to the ombudsman, whereas I continued to write to them. I would like to know though why they continued to add charges and interest after our correspondence for another 8 months before defaulting and passing to a recoveries agency?? Surely this is unethical especially as I sent three more letters. why not pass it straight away rather than ignore me. They offer me £100 as an apology for their delayed response but I'm not sure which delayed response they mean as it has taken them three months to reply to me this time...

What happens with the default on my credit report if the agreement is deemed unenforceable? The date of default is 18/11/2009.
Will it just continue to be applied till then?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Scan tif is letter responding to ombudsman compliant.
Other jpegs are letter sent on 25th March.

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I am wrong about the letter they have included from the 25th march, this is the letter I responded too three times and was ignored. I think I see my error now as the letter states that if I am not happy with the offer they have made that I must complain to the ombudsman, whereas I continued to write to them. I would like to know though why they continued to add charges and interest after our correspondence for another 8 months before defaulting and passing to a recoveries agency?? Surely this is unethical especially as I sent three more letters. why not pass it straight away rather than ignore me. They offer me £100 as an apology for their delayed response but I'm not sure which delayed response they mean as it has taken them three months to reply to me this time...

Sadly there is no legal obligation to freeze interest and stop applying charges, as many people have found out when they enter into DMPs. One example from another site was someone who'd paid £5k into his DMP in his first year, yet his overall debts had only reduced by just under £500!

Another case I heard was someone who agreed with a lender to pay a certain amount every month and the lender agreed to freeze interest in 2000, in 2012 he got a statement for £24k! :scared: :scared: :scared: It turns out interest had been added all along! :mad2: :mad2: :mad2:

What happens with the default on my credit report if the agreement is deemed unenforceable? The date of default is 18/11/2009.
Will it just continue to be applied till then?

It has less than a year left to run so no need to worry about it too much. If the agreement was deemed UE in court then you could probably have it removed as per Sparkie's case. :thumb: