A Little Advice for a Newbie

[letzhaveit]

I have a 2 debits with cabot 1 for a credit card 6k and 1 for a bank account 1k both used to be with LloydsTSB I think they are both about 5 years old, I have contacted them and asked for statements for both accounts I have recieved a copy of the bank account statement just wondering what my best steps would be.

Also if I keep delay them till six years has pasted on the debits, does the debit become statute barred.

Sorry if this has been covered I have looked.

Thanks in advance

[labman]

Re: A Little Advice for a Newbie

If a debt goes unacknowledged for a continuous period of 6 years it becomes Statute Barred. However, having asked for statements of the accounts you have I would imagine admitted you have the accounts, so I would guess the 6 years will have restarted.

Hopefully someone will come and tell me I'm wrong.

[CleverClogs]

Re: A Little Advice for a Newbie

If a debt goes unacknowledged for a continuous period of 6 years it becomes Statute Barred. However, having asked for statements of the accounts you have I would imagine admitted you have the accounts, so I would guess the 6 years will have restarted.

Hopefully someone will come and tell me I'm wrong.

You aren't.

[letzhaveit]

Re: A Little Advice for a Newbie

Ok that being the case, is it worth asking for signed agreements or am I just wasting time and should just set up a payment plan ?

Thanks for any advise

[labman]

Re: A Little Advice for a Newbie

In what year were the accounts taken out?

[letzhaveit]

Re: A Little Advice for a Newbie

Accounts taken out would of been around 2002 for the bank account and then around 2005 for credit card. then stop all contact with the back and credit card around 2006 but will check paper work when I get home this evening.

[labman]

Re: A Little Advice for a Newbie

It's worth investing £1 per account for a CCA letter. Up to you whether you send to Cabot or Lloyds. In theory, if they don't have them, Cabot should pass the request onto Lloyds for you. In reality they'll probably write back to you telling you to write to Lloyds. Your choice!:tinysmile_grin_t:

Oh yes, make sure you send the CCA request with the bit about CPUTR in as well.

[letzhaveit]

Re: A Little Advice for a Newbie

Sorry I am not sure what is a CCA ?
------------------------------- merged -------------------------------

Sorry I am not sure what is a CCA ?

** Googled it so I understand and will send one to see where that gets me.

[labman]

Re: A Little Advice for a Newbie

CCA in this instance means Consumer Credit Agreement, A can also mean Act.

Before you send off this request though, have the accounts ever been formally assigned from Lloyds to Cabot.

If not send the prove it letter to Cabot which you will find here:

Dealing with DCA's - Legal Beagles Consumer Forum

post number 4.

[letzhaveit]

Re: A Little Advice for a Newbie

Thank will get some prove it letters in the post then see what I get back..

[letzhaveit]

Re: A Little Advice for a Newbie

I have just checked all my paper work, and last activity in bank and credit card was feb 08 dont know if this changes anything was going to send the 2nd letter in that post with link above to both just to see what I get back, unless anybody has any other suggestion.

Thanks

[labman]

Re: A Little Advice for a Newbie

I'd still send the Prove It letter.

[letzhaveit]

Re: A Little Advice for a Newbie

Here is an update and again looking for some advise.

The Credit Card DCA has stopped all action while the information request is sorted out.

The Current Account DCA F.I.R.E. which I think I have sent the wrong letter to them have return my postal order for £1 and replied with this letter which has come from Cabot and not F.I.R.E. :-

-------------------------------------------------------------------------

Dear Mr xxxxx

Our response to your request

I refer to your letter dated 27 November 2011 addressed to F.I.R.E. which has been passed to me for response.

I understand you have made a request for information pertaining to your account pursuant to section 72-79 of the Consumer Credit Act 1974

Please be advised there is no need for us to provide a copy of our credit agreement under the CCA for Current Accounts and Overdraft faclities as Part V of the CCA does not apply to these types of accounts. The exclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b). I therefore returned your £1.00 fee with this letter.

In addition, I note you have made reference to legal action which we may pursue. You state that such action will be averred as unlawful and vexatious, also you will view the same as harassment. I can assure you Cabot Financial is not considering this action at this time however if we do not receive your co-operation in settling your financial liabilities, we do reserve the right to escalate your account, which may result in litigation.

In light of the above, I recommend you contact our Collection Department on 0845 070 0116 within 14 days to discuss the options available to you in order to settle this account. If we do not hear from you within this time frame your account will be escalated within out collections procedure. For your reference your outstanding balance is xxxxx

I trust we have set our position clearly.


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But they have not sent a statement or a copy of debt transfer so dont know if need to ask for them again in a different way

[labman]

Re: A Little Advice for a Newbie

Apologies, I should have registered it was a bank account so not covered by the CCA. First one is good. As regards the bank account are you suffering financial hardship because of the overdraft - this might be shown by often going over your overdraft limit, incurring charges etc...?

[letzhaveit]

Re: A Little Advice for a Newbie

I have got a statement not supply by cabot for the bank account they are chasing £1,100 ish and after about £200 the rest is charges from the bank.

any suggestion ?