CCA produced after 12 months

[miliitant]

Re: CCA produced after 12 months

no worries

cabot cant enforce this debt in any way

well they can but it will be thrown out of court

how long till statute barred

when was the last payment made

[Duffers Mum]

Re: CCA produced after 12 months

Have found the (ahem) notice of assignment, on a piece of photocopied sainsbury's letter head and not even in colour, same bar code down the side as the letter I received in the same envelope from Cabot! Last payment was made to Sainsburys so that would have been about 2 years ago...4 years till statue barred, expect I made that F&F so the date would probably have to go from then now I presume?

So the documents are or aren't enforceable? what should be my next course of action?

Thank you

[miliitant]

Re: CCA produced after 12 months

well as to 196 of the law of property act 1925, cabot do not own this account. hbos do
(aka sainsburys)

they cannot claim interest as their is no provision for it in the original agreement

the assignment would be flawed anyway due to a defective default then termination notice

the debt still exists and as the account is still with hbos, not cabot, they could in a sense litigate

to be honest

if i were in your shoes i would totally ignore cabot, if they were to issue a court claim we would then blow it out the water

part 38.7 discontinuence comes into play then and that would mean it is realy over for hbos and cabot

but that is me

only you can make that decision

[Duffers Mum]

Re: CCA produced after 12 months

I do tend to ignore them lol...when I was looking for the NOA I found the same letter which they have just sent me...dated 2010...i think they are a little on the dim side...because we moved and I didn't tell them (why should I they do enough snooping) they started sending me the we have just bought your account letter etc etc all over again at our new address!

My only worry is that they continue to add interest and the outstanding balance is getting bigger and bigger, but guess I need to just forget about it until such time they issue any proceedings...Sainsburys had their chance to issue proceedings and never..sure they wouldn't have flogged it off if they thought they could get the money out of me!

Really appreciate all your help and advice...has helped put my mind at rest!

[miliitant]

Re: CCA produced after 12 months

they can add MILLION POUNDS INTEREST IF THEY WANT

its just numbers in their tiny minds

their is no contractual provision allowing them to add interest

for that reason i do hope you continue to ignore them, paying a lawful debt back is fine, but when the likes of cabot try and screw you more with an UNLAWFUL practice and relies on peoples personal ignorance, then i have no scruples in telling them to shove it

if the letter was sent without prejudice, then cabot cant use it and the statute of limitations start from when you missed the last contractual payment with sainsburys

[Duffers Mum]

Re: CCA produced after 12 months

Thanks for the clarification about statute barred...the funny thing is i was happily paying Sainsburys £10 per month, they had frozen interest and charges and the balance was coming down albeit very slowly...now had Sainsbury's kept it I would have been in a position a while after they sold it to have offered them a very good F&F which i'm sure they would have accepted...however by the time Cabot got hold of it and added their interest there was no way I was going to offer them the same as what I would have offered Sainsburys...they turned down 10% of the outstanding balance from a person who is out of work and with no benefits coming in...no doubt the paid peanuts for the account so they would still have made a profit..but no, they have to be greedy..their loss :tung:

[miliitant]

Re: CCA produced after 12 months

just keep your thread updated on any developments

have a look at post 66 on a defence i did for a court claim on assignment notice etc

http://www.legalbeagles.info/forums/...ce-PLEASE-HELP!

it will give you an idea

[Duffers Mum]

Re: CCA produced after 12 months

Very interesting....will subscribe to that thread and keep this one updated as and when I hear anything further.

[Guest]

Re: CCA produced after 12 months

I asked Sainsbury's to freeze charges and interest when I started making token payments but they refused so if I remember rightly (and it was 3 years ago!) Sainsbury's added a stack of both before selling it to Cabot, the balance then was about £8.5K and its now £9.7K as Cabot have added almost £100 per month since they took it over a year or so ago.

and miliitant: "its just numbers in their tiny minds"

Absolutely - let them play with their figures, I say.
Do these companies want solutions, or to make everybody else on the planet "guilty" - whatever that means?
I refer to finding out today that Welcome Financial Services Limited are licensed to run a credit reference agency, as well as provide credit, AND collect debt, after "stealing" (proven by FSA) £200m from the market in 2007.
It's just a government-approved racket - these companies pay good money for their licenses, which aren't worth the paper/electronic storage device they're written on.
There may come a point when the government and these companies may be held jointly accountable for the extortion rackets and libelous statements at so-called 'credit reference agencies' and the 'trust registry', by someone.
In the meantime, who's interested in their desperate attitudes towards their fellow human beings, and money?

[Duffers Mum]

Re: CCA produced after 12 months

Quick update, received another letter from Cabot this morning, offering me a reduction in the outstanding balance unfortunately i still can't afford what they are offering. It is quite an interesting offer though as it is much lower than what the outstanding balance was when they purchased the account, and before they added a shed load of charges themselves. Should I look optimistically on this as possibly meaning they know they don't have the proper paperwork and wouldn't stand much chance if it went to court? Are they likely to come back with a further reduced offer do you think as if I could get this one paid off and dealt with it would be a weight off my mind?

[Duffers Mum]

Re: CCA produced after 12 months

Bump!

[miliitant]

Re: CCA produced after 12 months

to be honest, if they tried court action i would demollish them with a defence

just on the alleged assignment

i would totally ignore cabot

but thats me, you have to make that decision your self

[Duffers Mum]

Re: CCA produced after 12 months

I think along the same lines as you perhaps if they'd like to accept the F&F I offered them we could reach a deal..I'll wait and see what they say next! I've not corresponded with them since they turned down my F&F!

[Duffers Mum]

Re: CCA produced after 12 months

Quick update...why do they always send letters when you are away? Its like they want to annoy you upon your return.! Just got the next instalment, account now to be forwarded to Financial Investigations and Recovery Europe (FIRE) I've seen this name before but not had any dealings..what should I expect and what should I do?

Thanks

[miliitant]

Re: CCA produced after 12 months

same crap from cabot

different nappy