Cabot

[Castella]

Hi, had a text from Cabot Finance the other day inviting me to contact them to set up a payment plan to clear an alleged credit card debt. Today I received notification that the credit card company had sold the alleged debt to Cabot Finance.I'm hoping to find the help I need to send the correct reply to them.

[Amethyst]

Evening

Do you know how old the credit card debt is ? When did it default and does it still show on your credit file?

You say 'alleged' credit card debt - is that because you don't recognise the debt at all?

Did you receive a default / termination notice from the original creditor ?

Any PPI etc on the card that hasn't been reclaimed ?

Do you own your own home, and how would a County Court Judgment affect you if they went that route ?

You've had the notice of assignment from the original creditor, and presumably the letter from Cabot was their 'welcome' letter.

So first thing is a CCA request ( CCA Request ) and then, if the debt isn't very old, and they produce the relevant paperwork, look at your Income/Expenditure sheet and see what a reasonable pro-rata might be accepted.

Think that's enough Q's for your first post xxx

[Castella]

Thanks for that advice. I have only just been able to access your reply, I don't know why I couldn't get back into the site and so haven't taken any action at all as yet. This amount has previously been with two other DCAs who dropped the claim when I didn't respond to their demand so as it worked previously I wasn't worried. The difference this time is that Cabot's first letter states they have bought the debt from Halifax.The situation has now developed and Cabot have now given me 14 days to avoid solicitors being involved and court proceedings.

I don't recall ever taking out the card, I think I was given it when I opened an account with Halifax, I certainly don't recall applying for it.

The last payment was June 2016 and Default notice issued July 2016.It looks like it's still showing on my credit file but I'm not sure.

I say alleged because I thought that was the way to refer to it if I am challenging liability also because I never used the card. It was used by a family member who 'took care' of my finances'. Correspondence about this and other debt was kept from me.

The Default Notice was issued in July 2016, by the OC the notice also said the card must no longer be used so I assume that is a Termination Notice also.

I haven't claimed the PPI on this card, I didn't realise that I could claim it if defaulted to be honest.

I own my home but didn't think it was at risk for credit card debt, am I wrong to think that? My credit score is well below average for the area and tends to drop despite my efforts to improve it. I don't know what impact a CCJ would have on my life, I don't know how far reaching they are. I'm all but retired now in my late 60's and occasionally hire a car or van but don't usually need credit. We just about make ends meet every month

[Amethyst]

Send the CCA request to them now if you haven't already https://legalbeagles.info/library/gu...etter-example/

I never used the card. It was used by a family member who 'took care' of my finances'. Correspondence about this and other debt was kept from me.

I'm sorry to hear that - are you out of that situation now?
Do you know if you actually made the original application for the card ? It might be worth doing a Subject Access Request to Halifax as well as the CCA to Cabot -Subject Access Request Letter

Or use their form

You can get a copy of all the personal information we hold about you by filling in this form or by writing to us at this address:

Halifax DSAR Team
Charlton Place (C42)
Andover
Hampshire
SP10 1RE

A CCJ will impact your credit rating / file for 6 years, but theres no need to get that far, once they evidence that you do owe the debt and that it is valid you can try making an offer based on your income and expenditure, but you should check the background to it first. How much approx is it for ? If its a few thousand and Cabot did go on to get a CCJ against you then they COULD look to secure it by way of a charging order against your house.

If there was PPI ( and you'll find out with the SAR response from Halifax ) you should get a claim in ASAP for it - you can do it yourself -> https://www.halifax.co.uk/contactus/...ain-about-ppi/