Lloyds and Cabot v Del

[Diana M]

They are telling me I last paid for this card in 2014 of which I know I did not. The statement of the £1 payment does not show where it was paid and I am not even aware of it. Cabot tells me the account is not statute bared, they own the account and I should pay for it. I tried asking them to not contact me about this but they are standing their ground and they have given me a few days to provide them with evidence of what I have said to them.

You have sent Cabot a s 77-79 CCA Request (2nd March 2018) so there is nothing more you need to do right now.

If they don't or can't comply with your request by the statutory deadline then the debt becomes 'unenforceable' in court unless or until they do comply.

I would hesitate to engage in any correspondence with Cabot in case you inadvertently acknowledge the debt which could spoil your chances of it being Statute Barred (unless it already is SB).

You say Cabot claim you made a £1 payment (and any other payments?) in 2014.

Checking your own bank statements for that payment may provide an insight but not necessarily evidence in court (let's hope that never happens!) because the DJ may take the view that showing no money was taken from one account doesn't necessarily mean it wasn't paid another way such as a postal order or even via a third party on your behalf (such as a DMP).

They are asking you to provide them with evidence which could be a fishing exercise to (a) gather information/evidence, and/or (b) get you to acknowledge the debt for SB purposes.

Even if the debt is not SB then you may have compliance (or not) with your CCA Request as back-up. See what documents they produce, if any.

Di

[Del001]

Thanks DIANA I will now wait and see what they send back to mr. I never got any letter about this or any yearly update about the account. Cabot said they tried contacting me in 2012 but they were not successful. I know they contacted me in 2012 over the phone but I asked them to write me a letter. They wanted me to give me my address over the phone then but I refused. I did not get any letter since then.

Amethyst, yes, this is a different issue. Please separate the threads if you can thank you .

[Diana M]

Thanks DIANA I will now wait and see what they send back

You're welcome

Di

[Del001]

Hi again,

I got a reply from cabot today 20/03 saying they do not have the information i requested on file. They are saying they have now requested this information from the original lender.

What happens next?
They acknowledge the 12 day time limit to provide this information before the credit agreement becomes temporarily unenforceable. However as they requested the details from the original lender, they have failed to provide this information within 12 days but they hope that within 40 days they will be able to retrieve this information to comply with my request. In the unlikely event that they are unable to provide this information within this period (40days), they will write to me again.

Thanks
Del

[Del001]

Hello again,

i have finally received a response after the 40 days which they said it would be. Well, from 14 March 2918 till today 18/07 is a lot more than 40 days.
The response by cabot is that they have not managed to get information I requested from the original lender. If the information becomes available then they will complete my request and until they can supply this information, the account is unenforceable.
This says this means they are not permitted to obtain a judgment or decree against me in court but they can still request me to pay the balance.
They (Cabot) are asking me to make a personal payment plan where I can arrange to repay at a rate I can afford.
I do not understand why this company is asking me to pay them yet I know Lloyd’s said the account was closed when they paid compensation in 2011 and I never heard from them since. They however went on to sell this to Cabot the following year.
Any advice as to how I can deal with this will be very much appreciated.

many thanks
del

[Del001]

Amethyst, could you please help with this if you don’t mind? I have been looking for a better of responding to this but I could not find anyone with a similar issue.

many thanks
Del

[Amethyst]

Evening xx two mins

[Amethyst]

Did you do a SAR to Lloyds ?

I dont think their letter is anything anything to worry about but i was thinking Its weird I haven't replied on here before, and noticed my post says its number #22 but I can only see 5 posts- 2 on this page and 3 on the previous page so I'm a bit confused and going to get laptop out see if I can work out what's happened as I'm likely missing half the threads.

[Amethyst]

Ok back I'll read back now I can see the posts lol

[Amethyst]

Ok well you can just file the letter and ignore, and they'll just send you one every six months for a bit until they get bored or find the documents - or you can write back and ask them to stop writing to you until they can send the documents requested and evidence their claim.

[Amethyst]

Have had to move thread temporarily xxx ( pointlessly it seems - apologies trying to fix things ) - can you see all the posts on the first page ? I can until I come to page 2, then if I go back to page 1 they all vanish apart from 3 by you. I can't blame anyone but myself which is quite annoying, but not sure what's going on with it to know where to start fixing it.

[Del001]

Good evening Amethyst. This thread only has two pages. I think you separated these because I had one before and they were all mixed up. Many thanks for helping. I wasn’t sure what to say in response.
thank you once more.

Del

[Del001]

No, I did not send any SAR to Lloyd’s.

[Amethyst]

No, I did not send any SAR to Lloyd’s.

Do that now - it will come in useful later.

( the issue with the thread is still bugging me but it does seem to be related to having moved posts over from the other thread - just something I'll need to keep an eye on )

[Del001]

Ok well you can just file the letter and ignore, and they'll just send you one every six months for a bit until they get bored or find the documents - or you can write back and ask them to stop writing to you until they can send the documents requested and evidence their claim.

Hi Amethyst,

I wrote to cabot asking them to stop writing to me until they can provide the documents I requested but it seems they have not stopped. I have this letter from them which I have copied word for word. I am finding it depressing getting this from cabot all the time. Please see letter below and advise if possible. Thanks for your time.

BR
DEL


From Cabot

Our offer to you

We understand that it can be difficult to clear your account in a short period of time, especially when there are other priorities to take into consideration.
We believe that we understand debt and we wanted to share our thoughts with you.
We will work with you to understand your financial situation. If we can find an opportunity for you to repay this account in the short term, then we will help you make that happen. Of course we will ensure that all of your priority expenditure is up to date and anything you arrange with us is affordable and fair.

We own your account and are prepared to reduce the balance in order to help you become free of this debt sooner, subject to agreeing appropriate terms of repayment.
Next steps
If you would like to take up our offer then call us on 03450702615. If this is not suitable then you need to advise us of your proposal to clear your account.
This account may affect your credit rating and ability to get credit in the future. Ask our team if your account is registered.
Yours
Deborah green