Nolans and Cabot

[andyrfc]

Hi guys looking for some help/advice here as this is a bit out of my comfort zone

Received a letter yesterday from Nolans Solicitors who are acting on behalf of Cabot Financial. First letter from Nolans so its the usual bla bla pay us to avoid court action. Now as this is a solicitors letter I have to take this seriously and stop burying my head in the sand like ive done for so long.

Cabot are acting on behalf of Vanquis bank who I owe £3922 to on a credit card from years ago, its not quite reached the 5 year mark which is why I think they have upped the game. Ive drafted a CCA letter to send to Cabot as i understand this is the first part of my defence but im still very worried about it going to court and what may happen. I'm also sceptical as I don't have any letters from Cabot so the only reference number I have is the one on the Nolans letter which Cabot may not recognise and refuse my request

What should I do if they refuse due to the wrong ref?

I appreciate any help and will keep this updated as things go on and its clear this wont be going away

Thanks

[MIKE770]

CCA Request if cabot own the debt send to them Recorded Delivery, keep copy on request copy you keep<


more detail needed, last payment any other correspondence from you to them? did you have Vanquis ROP? as far as court concerned further down the line if they take that route, there is a system they have to follow and you get a chance to ask for information further down the line,, need to read other threads on vanquis then you can see what happens,
also did you get a default sent to you, as many a case they sens invalid one.
many a case is lost by claimants due to procedural errors.

[andyrfc]

Last payment to them would be December 2014 as far as I can remember as I've changed banks since then

Never had any contact with them until now

I'll need to go through my credit file and see when they issued a default. Oddly enough this debt doesn't show on my credit report either as a long or short term one

No idea what ROP is sorry ?

[andyrfc]

Update:

Cabot wrote back to me, they dont have anything on file to honour the CCA request and have asked for more time and will be in touch within 12 days with a update, this normal?

Nothing new from Nolans

[andyrfc]

Had another letter from Nolans today; basically a polite pay now our client will accept instalments, if we dont hear back then further action will be taken. Should I tell them Im waiting on a CCA request or ignore them? This is worrying me a lot now and has come at a bad time for me so any advice is much appreciated

[Amethyst]

Hi there,

Yes I'd let Nolan's know you are making enquiries with their client by way of the CCA request as you don't recognise the debt, and that Cabot have responded saying they are retrieving the documents - you expect the account to be put on hold until a full response is received from their client.

Hopefully that will put them off issuing a claim for the time being.

xxx

[andyrfc]

Ok ive done that today so ill see what repose I get. Cabot wrote to me on the 2/1/19 and its now the 14/1/19 so Im expecting some kind of update from them this week as per the 12 days they stated

[Ruby]

Oh dear! I thought Nolans would have learnt their lesson, but sadly it seems that is not the case. You are doing the right thing by requesting the CCA and in the meantime DO NOT acknowledge the debt.

Nolans took me to court without the relevant documentation. I think they work on statistics that most people will not defend themselves in court and they will win their case (naughty!).

Good luck.

[andyrfc]

Cabot wrote back dated the 14/1/19, cutting it fine eh. Short and sweet "we've contacted the original lender for the documents, not permitted to obtain a judgement or decree against you in court" Then asked me kindly if id still pay them the 4 grand.....

Some breathing space then. As said I wrote to Nolans so await a response from them.

Cabot didn't state any time frames in there letter, is there one for them to produce the CCA?

[Ruby]

Yes, just sit tight in the meantime. I believe the time frame is still two weeks to produce the CCA however you will probably get one of Cabot's standard letters stating that they need more time to find the documentation. Technically Nolans should not move forward with any threat of court action until Cabot have produced the CCA. If and when you get the CCA, get back on this site and someone will be able to help you.

[andyrfc]

Thanks. Not received any reply letter back from Nolans yet. Will wait and see how the next few weeks pan out

[andyrfc]

15/2/19

Received a letter back from Cabot with my digitally signed cca, terms and conditions and a copy of my online Vanquis application. Doesn't look good now and I expect Nolans to pounce within a few days , anyone help with with the next step

[Amethyst]

Is it headed 'Digital Application' , grey background, is landscape and doesn't say ' credit Agreement regulated under consumer credit act' on it ?

like this ?





have they included an actual agreement as well ?

[andyrfc]

They've sent both by the looks of things

[Amethyst]

Ok - is the agreement from the right date from when the account was opened ?