30 days action or solicitor referral

[Guest]

Echat thankyou so much. I will get the SAR posted with proof asap.


1) Yes, it will show the transfer, but transfer isn't the same as 'termination', so no it wouldn't be statute barred.

What determines the termination date? As they are convinced it’s 12th May 2019. So in effect I need Yorkshire to say it was terminated earlier than that to be statute barred?


2)The date on the letter Yorkshire headed letter says the transfer was September 2018 to Cabot. It looks like Cabot marked missed payments from then and defaulted the account in May 2019.

That sounds correct, but you are saying 'accounts have fallen off your credit file'.

Should Yorkshire have already defaulted by then as the last payment made was November 2017? Nearly 1 year later from that of missed payments and no contact surely Cabot when they took over the account should have defaulted immediately? As for falling off my credit files, I mean the missed payments markers are slowly falling off.

3) The SAR might take some time. Ask them for an extension in writing, ask for 45 days so you can get further information and advice.

Finally sorry, Do I have to word it in any particular way? Like without prejudice etc?? Obviously I will get proof of postage for that also. Can they reject the extension?

Thank you so much Echat for your help

[Guest]

Echat thankyou so much. I will get the SAR posted with proof asap.


1) Yes, it will show the transfer, but transfer isn't the same as 'termination', so no it wouldn't be statute barred.

What determines the termination date? As they are convinced it’s 12th May 2019. So in effect I need Yorkshire to say it was terminated earlier than that to be statute barred?


2)The date on the letter Yorkshire headed letter says the transfer was September 2018 to Cabot. It looks like Cabot marked missed payments from then and defaulted the account in May 2019.

That sounds correct, but you are saying 'accounts have fallen off your credit file'.

Should Yorkshire have already defaulted by then as the last payment made was November 2017? Nearly 1 year later from that of missed payments and no contact surely Cabot when they took over the account should have defaulted immediately? As for falling off my credit files, I mean the missed payments markers are slowly falling off.

3) The SAR might take some time. Ask them for an extension in writing, ask for 45 days so you can get further information and advice.

Finally sorry, Do I have to word it in any particular way? Like without prejudice etc?? Obviously I will get proof of postage for that also. Can they reject the extension?

Thank you so much Echat for your help

[Guest]

Ok hi. I sent the SAR to original lender and still haven’t heard back from them.

I sent the extension request to Cabot and basically they have resent me another claim pack saying contact us by May 9th or they will take court action. They didn’t acknowledge the extension request or my SAR to Yorkshire bank.

The letter did come with a ‘statement of your account covering 25/09/2018 to 09/04/2025 though. Again is this them acknowledging that they were assigned this account in September 2018 which would be statute barred. However they’re saying it was terminated May 2019. What is the difference and how is it determined please? Surely if they owned the account in September 2018 and didn’t recover in the 6 years it’s statute barred. They can’t just say we’re using May 2019 as the date of cause?

It’s making me very nervous etc again. Not sure what to do. What if the SAR doesn’t come back before May 9th and they saying CCJ, not sure what to do now

[echat11]

a) Ok hi. I sent the SAR to original lender and still haven’t heard back from them.

You should send the following as they haven't complied with your request, if they fail to respond, lodge a complaint with the ICO.

https://ico.org.uk/for-the-public/ge...happy-with-it/

b) I sent the extension request to Cabot and basically they have resent me another claim pack saying contact us by May 9th or they will take court action. They didn’t acknowledge the extension request or my SAR to Yorkshire bank.

That's o.k., you've got an extension from the original date. They've given until 9th May.

c) The letter did come with a ‘statement of your account covering 25/09/2018 to 09/04/2025 though. Again is this them acknowledging that they were assigned this account in September 2018 which would be statute barred. However they’re saying it was terminated May 2019. What is the difference and how is it determined please?

The important date is the default date, at some point the account would have been defaulted, that's why it's important to get hold of a copy of the default notice, if one was issued.
The termination is when the account was closed.

d) Surely if they owned the account in September 2018 and didn’t recover in the 6 years it’s statute barred. They can’t just say we’re using May 2019 as the date of cause?

Responded in (c).

e) It’s making me very nervous etc again. Not sure what to do. What if the SAR doesn’t come back before May 9th and they saying CCJ, not sure what to do now

Ask them for a further extension. Explain that the original creditor hasn't complied with your SAR. They can't magic up a CCJ, there is quite a long process. You are talking between 7 - 9 months. They have to make a Claim, you have the opportunity to defend the claim, Mediation, Witness Statements, Hearing, etc.

[Guest]

First of all thankyou for your reply and help Echat!!

To be fair the SAR was only sent 2 weeks ago so there is still time for that yet. If the SAR shows termination of before May 2019 then its statute barred (fingers crossed) it seems there’s a date somewhere not right.

so my defense is the default date then. Credit karma is stating May 2019 was the default date, however is there any rules you know of regarding an incorrect default date??

I have statements from Yorkshire and Cabot both showing no payments etc since mid 2017!! The transfer was September 2018. So is there a limit on how long they can hold an account without payment with out defaulting?? Yorkshire had no payment for over a year and Cabot went from acquiring in September 2018 to May 2019 with no payment before they defaulted. That’s over 8-9 months??



thanks again for any help Echat

[echat11]

First of all thankyou for your reply and help Echat!!

To be fair the SAR was only sent 2 weeks ago so there is still time for that yet. If the SAR shows termination of before May 2019 then its statute barred (fingers crossed) it seems there’s a date somewhere not right.

so my defense is the default date then. Credit karma is stating May 2019 was the default date, however is there any rules you know of regarding an incorrect default date??

I have statements from Yorkshire and Cabot both showing no payments etc since mid 2017!! The transfer was September 2018. So is there a limit on how long they can hold an account without payment with out defaulting?? Yorkshire had no payment for over a year and Cabot went from acquiring in September 2018 to May 2019 with no payment before they defaulted. That’s over 8-9 months??



thanks again for any help Echat

The best thing to do is wait for the SAR, then we can look at the further questions.

[Guest]

Apologies Echat I was just thinking overnight. Yorkshire bank had around a year of no payments before they transferred to Cabot. Is it possible to contact them and ask them to change the credit file with an earlier default date?? So obviously the account was on my file and it appears that the ownership was changed to Cabot (not a new entry onto my file) and they added the default after 6 no payments Which

[Guest]

If Yorkshire bank are able to change the default date to earlier like they probably should’ve then Cabot would have to use the earlier date, making it statute barred? I’m not even sure if this is a thing.

Anyway I’m still waiting for SAR, thanks for your help.

[Guest]

Another after thought sorry.. in post #49 you said default notice if one was issued?? I haven’t got that notice and if there has been a mix up with the dates. Should I be requesting a copy of the default notice from Cabot? They might not of sent one and wouldn’t that be not right also?

thanks

[echat11]

Another after thought sorry.. in post #49 you said default notice if one was issued?? I haven’t got that notice and if there has been a mix up with the dates. Should I be requesting a copy of the default notice from Cabot? They might not of sent one and wouldn’t that be not right also?

thanks

You need to await the SAR information.

[Guest]

Hi echat11

i received a letter from original lender asking me to confirm my identity via an online portal which I have done, so they should now send the SAR.

Then I’ve just received an email from Mortimer Clarke with an attached letter saying:

we have sent you a letter before claim and you still haven’t contacted us about your debt

We have been instructed to issue Court proceedings to get a
County Court Judgment (CCJ). This would include statutory
interest, costs and fees which will increase the amount you need to repay.

We want to avoid your balance increasing

You need to contact us on 0333 1214454 to talk about your

situation and avoid a CCJ.

They sent me a letter saying contact us by 9th May when I requested an extension as mentioned previous in this thread. So naturally I am now confused and worried.. what do you make of this??

thanks

[echat11]

Hi echat11

i received a letter from original lender asking me to confirm my identity via an online portal which I have done, so they should now send the SAR.

Then I’ve just received an email from Mortimer Clarke with an attached letter saying:

we have sent you a letter before claim and you still haven’t contacted us about your debt

We have been instructed to issue Court proceedings to get a
County Court Judgment (CCJ). This would include statutory
interest, costs and fees which will increase the amount you need to repay.

We want to avoid your balance increasing

You need to contact us on 0333 1214454 to talk about your

situation and avoid a CCJ.

They sent me a letter saying contact us by 9th May when I requested an extension as mentioned previous in this thread. So naturally I am now confused and worried.. what do you make of this??

thanks

Email them that, you are aware that they have sent you a LBA, that you are in the process of getting further information that will help you respond to them, but that you are relying on others to gather and send you the requested information, but as soon as you receive it you will respond to them. Suggest to them, that it might be prudent to extend the 9th May date.

[Guest]

So I need to write I am not acknowledging debt or something?

thanks Echat

[echat11]

So I need to write I am not acknowledging debt or something?

thanks Echat

Prefix the request with 'alleged debt', you've emailed them before, use the same terminology.

[Guest]

Hi I have received the SAR back today and to be honest there’s not much new there. Notice of assignment to Cabot (UK) was indeed September 19th 2018. So why did they wait until May 2019 to mark default?? Which is what they are using as date of cause.

In the bundle of information Cabot/Mortimer have sent me there is no copy of the Defualt notice also.