Advice on combined alleged debts

[Alice B]

Hi, looking for a bit of advice to see if I am doing the right thing. I received an email from BPO Collections on behalf of Cabot so I replied asking for a CCA in March this year.

I received a response this week that the amount related to a loan and overdraft which HSBC had combined into one debt and consequently sold in 2019.

The default dates were in March 2018 and I live in Scotland. However I did make an offer of payment to Cabot in July 2019 which they never acknowledged or responded to.

The information received from BPO is not a CCA it is a bank statement with only an account number at the top.

I have reiterated the request for a CCA which includes all the required information. I know that overdrafts are not covered by a CCA but unsure what combining these accounts has done from a legal standpoint in relation to terms and conditions.

[echat11]

Hi ALICE B

Welcome to LB

How did you make the offer of payment?

When was the last payment made?

They should provide a CCA for the loan.

They should still provide Terms and Conditions for the overdraft.

[Alice B]

Hi, Thanks for your response, I made a payment of £1.00 in July 2019 and that is also when I made the offer of a payment plan on their online system but they never replied and I haven’t heard anything from them at all until March this year.

There was a payment sheet attached to the email that they sent me but it was for someone with a completely different name so I can only assume it was attached in error.

I will hang fire and see if they produce a proper CCA and terms for the overdraft. If it’s not provided at all or provided after the end of July then I think the debt is extinguished? I’ve been careful not to acknowledge with wording of the CCA request.

[echat11]

If no payment had been made, then it would have been Statute Barred.

Update the thread if they do or don't respond.

[Alice B]

So they replied today with a “payment” that I know I did not make it in 2020 - looks like they moved £4.83 in and then £4.83 out from the same account as per image so I’m genuinely confused. Surely that’s not a “payment” the amount stays the same. I’ve asked for more details as I still don’t have the terms for the overdraft (this account was opened in the 90s) or CCA (the loan was opened in 2015) Will wait and see what they provide.