Cabot purchased old 2009 Santander overdraft ... Please Help!!

[warwick65]

Re: Cabot purchased old 2009 Santander overdraft ... Please Help!!

Hi

So here is the second letter

Dear Sirs,
Reference: 123456789
I refer to previous correspondence and in particular my request for information under the provisions of The Consumer Credit (EU Directive) Regulations 2010; and also c.39 (s.74 (A&B) (VA)) CCA(1974).
I formally requested a copy of the required documents that should have been sent to me annually by [enter bank name here] and am to date still awaiting such documents.
Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).
I look forward to your response within the next 28 days with the requested information.
Yours faithfully,

So I take it you didn't send the first one?

Now by rights, should cabot want to actually start a claim against you they should send you a letter before action. If they have not sent one yet , since Oct 1st they should send you one that includes options to admit or deny liability and all options in between such as i admit a bit, 'Whatcha talkin 'bout Willis' (showing my age there).

It really is difficult to say what is the best course of action but as Di says, if you ask them now for things it gives them more time to get their ducks in a row.

I have no idea how santander manage their delinquent accounts but I do know they can take quite some time to actually recall them , in a case I know of about 18 months although as you say you were in a DMP until sometime in 2014 it will be 2020 before it is SB.

Having said that, I think there are lots of things they should be doing such as sending you notices and if they are not, well I wouldn't tell them.

Sorry I am not much help

[tankusmaximus]

Re: Cabot purchased old 2009 Santander overdraft ... Please Help!!

Hey [MENTION=813]Warwick[/MENTION] you've helped loads, i suppose what im trying to figure out is

1. do i give them more time to get their ducks in a row and send the letter now?

2. do i wait till they send me the next threatening letter.

3. My credit score is back to normal now and i'm trying to establish if worst comes to worst and i have to pay it, will it re appear on my credit report as a debt owed

[warwick65]

Re: Cabot purchased old 2009 Santander overdraft ... Please Help!!

The only way it could reappear on your credit file is if they issue a claim and win - I am not even sure if that automatically appears then

If they do send a letter of claim i would maybe think about getting some free legal advice and seeing what the prospects are , then if you are told it is a no brainer make an offer if you are told you have a good chance well its up to you.

Remember any solicitor worth their salt will give you good unbiased advice and they will also have liability insurance if they are negligent

[tankusmaximus]

Re: Cabot purchased old 2009 Santander overdraft ... Please Help!!

once again you're a star buddy, i will send letter one tomorrow, now that i've read letter 2 it makes sense ... i imagine I give them 14 days based on the first letter prior to issuing 2

[tankusmaximus]

Re: Cabot purchased old 2009 Santander overdraft ... Please Help!!

Just a quick update to say I sent the letter on 31st of October and I still haven't heard or received anything ? Mind boggles or maybe they are preparing the documents

[tankusmaximus]

Hi All

After 6 months Cabot has now reared their ugly head, what they have sent me is a copy of the original Account Application made back in 2004 and few pages of transactions between 31.12.08 - 08.12.09, none of which have fiscal amounts next to them or my address associated with them. My Question is whats my next move when they are now saying its going sending back to collections...Can they still CCJ ? me or at what point is to just start arranging payments. Thing is I haven't made any payments to this account in well over 6 years yet there is a strange payment received into the account in 2014 but it doesn't stipulate who from? It definitely wasn't me.

Best
T

[Kati]

tagging warwick65 Diana M

[warwick65]

Hi
Well firstly they haven't started any proceedings yet have they?

Secondly, in order to substantiate the claim they would actually need to show how it accrued and they have not done this at all

I know if it were me I would not contact them at the moment and I do not think personally they are any way near providing evidence

[tankusmaximus]

Hi
Well firstly they haven't started any proceedings yet have they?

Secondly, in order to substantiate the claim they would actually need to show how it accrued and they have not done this at all

I know if it were me I would not contact them at the moment and I do not think personally they are any way near providing evidence

thanks warwick65 ill hold tight for now

[warwick65]

If you do get a letter before action/letter of claim , that will be the time to take further action. Also , as said by Diana M many times, why let them know what is wrong to give them time to put it right .

If you do get a LBA , if you haven't done so already, then might be the time to get a bit of free legal advice from a reputable firm that does such things

Overdrafts are funny things but if it gives you hope, I recently had one for just over £700 go statute barred although I still have one that as far as I know is owned by the original bank and doesn't go SB for a couple of years so fingers crossed

Something else to consider, if the claimant is cabot Financial (UK) ltd - as i am sure Di would explain, they are unauthorised and therefore unlicensed ( I think I got that the right way round)