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Lloyds and Cabot v Del

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  • #31
    Have you got this list of payments they said you made between 2010 and 2014 ?

    You checked your bank account didn't you and had nothing showing - and also you weren't in any debt management plan through that period.
    Lloyds refunded you directly in 2011 for missold PPI - but the 'debt' wasn't sold to Cabot until 2012. If there was a debt in 2011 then you'd expect Lloyds to have paid the refund of PPI off of the debt - possibly unless you were in some kind of an arrangement with them.

    You can write an be a bit more forceful about it being statute barred, but until you have double checked you weren't paying token payments to Lloyds, or a third party for the Lloyds debt, as per the list of bank giro credits they claim I wouldn't want to push them too hard on it in case they decide to 'find' the agreement and evidence of where the payments were from and go to court.

    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #32
      Thanks Amethyst, the list of payment they sent me didn’t have any information other than my name written on the top of the page. I did not check my account as I had my account closed long before 2010.i however know very well I never paid anything to this account after I got paid for ppi. Lloyd’s refunded me directly in 2011 and yes, they said they sold the account to Cabot in 2012. Lloyds did not give any reason why this was done as they paid just over eleven thousands pounds for both my credit card and current account loan account. Before 2011, I did have some payment arrangements with Lloyd’s of which I stopped paying when I made an application for ppi.
      Before Lloyds made a payment for PPI back then, they wrote to me saying if I owed any money to them, they will deduct any money I owed them before making a payment. Does this mean I have to agree to pay this? If I do and I make an arrangement to pay this back, will they register this again?
      I am kind of lost in all this. PPI payment meant that the agreement of the account was void and any refund paid to me meant the account was closed for good as I was no longer using it. That’s how I see this. I have so far requested statements of all my old accounts from Lloyds.
      many thanks for your help with this.

      Del001

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      • #33
        Personally I would SAR Lloyds ( assume you've done that when you say requested statements?) and check other accounts you used before 2015. The list of £1 payments may or may not be a concern - if you do your own checks you know what grounds you have to argue the debt is statute barred. If there was any debt management plan either direct with Lloyds or through a third party - or you were just making token payments and for some reason any debt wasn't repaid by the PPI refund then you know you only have the lack of agreement to defend on. I'd do that before going back to Cabot to argue they should cease contacting you... else you may just push them to provide relevant documents and proceed trying to claim the debt from you.

        All you know is that Cabot believe you were making £1 payments to the account up to 2014 and the method was bank giro credit. You can push Cabot for more evidence of those payments ( but if they do, and provide the agreement, your at square one and they'll claim the full debt ) .... but if you find out your position yourself, then if you find you did make payments you could consider negotiating a low settlement to get the debt settled while Cabot still don't have the background.... and if you find you did not and the debt is statute barred ( or was actually repaid with the PPI refund ) you can be confident in pushing back on them.

        I hope that makes sense xxx
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #34
          Many thanks for the advice. I asked Cabot a few months ago to provide proof of their claim. They said Lloyds didn’t provide them with any information but they still have the right to ask me to pay them. Yes, I have asked Lloyds to send me statements and all. I am now waiting for Lloyds to respond.

          Many thanks
          Del001

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          • #35
            Hello Amethyst,

            Lloyds has told me that I did not apply for ppi on my credit card. I had the view that they paid ppi for this but it turns out they did not even though I applied for it at the same time.
            I know there is ppi money to be paid by Lloyds on this credit card as it was

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            • #36
              Part of my current account. My question now here is, will applying for ppi now stop Cabot’s demands for me to pay this money?

              many thanks in advance for the advice.
              Del001

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