Scotland - Cabot Debt Chasing Advice

[coolhandct]

Can you remove your personal details from the letter.

Edited and reattached Cabot non pers.doc

[coolhandct]

Can you remove your personal details from the letter.

new letter attached Cabot non pers.doc

[echat11]

new letter attached [ATTACH]n1697766[/ATTACH]

a) I would remove any reference to how long it's going to take to pay them back in the letter i.e. point 2.

b) I would remove the following, but you could send this in another offer letter, once they are clear on the 'valid' points you've made.

You've asked questions, sought clarification, but then you are making an offer. That says you 'understand' what they sent in their letter.

So remove the following for the time being. See what they respond with.

I have again discussed this with a family member who is willing to assist me to avoid this but they will only help on certain conditions.
Whilst I am not in a position to repay the full amount of £12780.75 to debt ref 159914 my family member is willing to give me £6500 as an offer to you as full and final settlement of this account (159914). This represents more than 50% of the full total.
It is extremely unlikely that I will have access to any further help.
For clarification I am making this offer on the clear understanding that, if you accept it, neither you or any associated company will take any other action to collect or enforce the debt in any way and that I would be released from any liability and the account would be closed.
If you accept this offer, please confirm the above in writing along with details on how I can pay.
If and when I receive satisfactory confirmation of your written agreement and acceptance of this offer I would be able to obtain the funds from my family member and pay this sum within 14 days.
I look forward to hearing from you.
This letter only relates to agreement 159914 and in no way does it acknowledge any liability for any other agreement mentioned by you.'

[coolhandct]

a) I would remove any reference to how long it's going to take to pay them back in the letter i.e. point 2.

b) I would remove the following, but you could send this in another offer letter, once they are clear on the 'valid' points you've made.

You've asked questions, sought clarification, but then you are making an offer. That says you 'understand' what they sent in their letter.

So remove the following for the time being. See what they respond with.

I have again discussed this with a family member who is willing to assist me to avoid this but they will only help on certain conditions.
Whilst I am not in a position to repay the full amount of £12780.75 to debt ref 159914 my family member is willing to give me £6500 as an offer to you as full and final settlement of this account (159914). This represents more than 50% of the full total.
It is extremely unlikely that I will have access to any further help.
For clarification I am making this offer on the clear understanding that, if you accept it, neither you or any associated company will take any other action to collect or enforce the debt in any way and that I would be released from any liability and the account would be closed.
If you accept this offer, please confirm the above in writing along with details on how I can pay.
If and when I receive satisfactory confirmation of your written agreement and acceptance of this offer I would be able to obtain the funds from my family member and pay this sum within 14 days.
I look forward to hearing from you.
This letter only relates to agreement 159914 and in no way does it acknowledge any liability for any other agreement mentioned by you.'

Thank you for your reply.

My only concern is that they seem very keen to simply go ahead with the court action (Decree and Inhibition). If I send them a letter seeking clarification would they be entitled to simply proceed without actually clarifying or whilst im in discussions with them are they obliged to hold off until that is all resolved.

[echat11]

Thank you for your reply.

My only concern is that they seem very keen to simply go ahead with the court action (Decree and Inhibition). If I send them a letter seeking clarification would they be entitled to simply proceed without actually clarifying or whilst im in discussions with them are they obliged to hold off until that is all resolved.

I understand, go for it.

[coolhandct]

I understand, go for it.

Sorry do you mean go for it including the offer or without but seeking clarification?

[echat11]

Sorry do you mean go for it including the offer or without but seeking clarification?

Go for it, including Offer.

[coolhandct]

Go for it, including Offer.

Hi

Im still waiting to hear back regarding the big debt of £12780. I have offered them £6500.

I wanted to ask about loan 2. This one is for £10.7k approx.

Currently from previous messages they had sent paperwork to supposedly prove the debt belonged to me but it wasnt correctly formatted etc and on your guidance I sent a formal CCA request again without acknowledging or accepting liability for this debt.

This was a few months ago now and their only mention is to say they are awaiting info.

The last payment I made to this loan was a token payment on 5th March 2020.

My understanding is that this will become time barred and legally non recoverable from 05/03/2025.

I presume this is correct: I have not made a payment to them, I have not acknowledged or accepted I owe the debt.

I would have expected them to reply re CCA request by now as presumably they would know its almost time barred.

I thought they may have been holding off to see what happens with the other loan.

Can you advise on the 2 possible outcomes:

1. If they dont provide evidence as requested and required by 05/03/25 then am I correct that this debt cant be pursued via legal means or court.

If they subsequently contact me whether to chase or provide evidence can I simply state that I dont owe this debt and that its time barred.

2. If they happen to get in touch before 05/03/25 even if its providing correct documentation i.e. from CCA request is there anything I could reasonably do to stall them past 05/03/25 so that its time barred ie. ask for breathing space etc

[coolhandct]

Go for it, including Offer.

I wanted to ask about loan 2. This one is for £10.7k approx.

Currently from previous messages they had sent paperwork to supposedly prove the debt belonged to me but it wasnt correctly formatted etc and on your guidance I sent a formal CCA request again without acknowledging or accepting liability for this debt.

This was a few months ago now and their only mention is to say they are awaiting info.

The last payment I made to this loan was a token payment on 5th March 2020.

My understanding is that this will become time barred and legally non recoverable from 05/03/2025.

I presume this is correct: I have not made a payment to them, I have not acknowledged or accepted I owe the debt.

I would have expected them to reply re CCA request by now as presumably they would know its almost time barred.

I thought they may have been holding off to see what happens with the other loan.

Can you advise on the 2 possible outcomes:

1. If they dont provide evidence as requested and required by 05/03/25 then am I correct that this debt cant be pursued via legal means or court.

If they subsequently contact me whether to chase or provide evidence can I simply state that I dont owe this debt and that its time barred.

2. If they happen to get in touch before 05/03/25 even if its providing correct documentation i.e. from CCA request is there anything I could reasonably do to stall them past 05/03/25 so that its time barred ie. ask for breathing space etc

[coolhandct]

[QUOTE=echat11;n1697974]

Go for it, including Offer.[/QUOTE Scan_20250122.pdf

Hi

I had messaged previously as above re loan 2. Your reply and advice would be greatly appreciated.

Ive now had a reply regarding my letter for largest loan. I have attached for your perusal.

1. What does "Full Sums Due and Resting" mean

2. They have rejected £6500 settlement offer against debt of £12780. I have repeatedly indicated that these funds are from a relative. Rather than going back with yet another higher offer I was going to write and say along lines of "You have repeatedly stated that you would consider any offer on its own merits but repeatedly reject any offer made. As mentioned any offer made has been from a relative on the basis that it is as full and final settlement and I still need to repay that money to my relative. Rather than us going back and forth my relative has asked me to ask you to please advise what figure you would accept as full and final settlement of this account. This will allow me to see if they are even in a position to help or willing to help"

3. Decree and Inhibition - I know an Inhibition prevents sale or remortgage but does a Decree result in my credit file being affected? Can an Inhibition be placed by them without the need for a decree.

4. They keep saying I can renegotiate a new deal even with this but Im trying to explain if a Decree affects my credit rating that my point is I cant renegotiate a mortgage as it wouldnt be on favourable terms.

[ULA]

tag echat11

[echat11]

Remember these debts are in Scotland

Loan 1

They have accepted £25 per month

Loan 2

'I wanted to ask about loan 2. This one is for £10.7k approx.

Currently from previous messages they had sent paperwork to supposedly prove the debt belonged to me but it wasnt correctly formatted etc and on your guidance I sent a formal CCA request again without acknowledging or accepting liability for this debt.

This was a few months ago now and their only mention is to say they are awaiting info.

The last payment I made to this loan was a token payment on 5th March 2020.

My understanding is that this will become time barred and legally non recoverable from 05/03/2025.

I presume this is correct: I have not made a payment to them, I have not acknowledged or accepted I owe the debt.

I would have expected them to reply re CCA request by now as presumably they would know its almost time barred.

I thought they may have been holding off to see what happens with the other loan.'

Can you advise on the 2 possible outcomes:

1. If they dont provide evidence as requested and required by 05/03/25 then am I correct that this debt cant be pursued via legal means or court.

If they subsequently contact me whether to chase or provide evidence can I simply state that I dont owe this debt and that its time barred.

You made the last payment on the 05/03/25, but when did they Default the account?
The Default date is the key date.

2. If they happen to get in touch before 05/03/25 even if its providing correct documentation i.e. from CCA request is there anything I could reasonably do to stall them past 05/03/25 so that its time barred ie. ask for breathing space etc

They will be aware of the dates, so they won't allow that to happen.

Loan 3

Current one they have rejected payment so far unless with Inhibition

Say they place an 'Inhibition' on the property, when you go to remortgage the new mortgage provider will seek permission from the Creditor to enable them to go ahead. The Creditor has said as long as payments are made
they won't act against you. This is something you need to deal with at the time, trying to predict what's going to happen with 'interest rates' etc in the future is 'unhelpful', what if they go up?

[coolhandct]

I’ve now had a reply back from loan 2

My last payment or acknowledgement was on 05/03/2020.

the default was prior.

They have been chasing me for this debt £10705.

In Sep/Oct 24 they sent me copies of paperwork, however rather than a credit agreement it was called "Zopa Loan Contract Summary" - It had my name and loan terms however rather than my address it was addressed c/o Zopa .......... and there was no signtaure. They also sent accompanying statements etc and what appears to be numerous pages of reference numbers and small amounts - Im presuming Zopa were a P2P company.

I submitted a formal CCA request to them at this time and have not accepted or acknowledged the debt.

I only heard back from them on Saturday.

They have sent exactly the same paperwork but are clearly pushing me for a quick offer as they have mentioned 05/03/25 and 06/03/25.

I have a number of questions regarding this and would really appreciate your help and advice:

1. Is a "Zopa Loan Contract Summary" valid proof of this debt belonging to me. In the T&C's they provide it refers to a "Loan Contract" but they havent sent this and the summary also has wording to the effect of "If approved your loan will be subject.......) This would indicate that its not an actual credit agreement.

2. Were Zopa loans layout different.

3. If this is a valid agreement us there anything I can do to delay things until 06/03/25 at which point it becomes time barred

4. Would they have to indicate that they intend to commence legal action, obtain a court date or actually have a court hearing by 05/03/25 to be within the time bar period.

5. If it isnt valid should I complain to them or go straight to Ombudsman to complain that what they have provided is misleading or invalid. If I do raise a complaint does this prohibit them from commencing any court action.

6. Essentially with the time bar period at 05/03/25, only 4 weeks away surely there are ways I can stall this until the date has passed, as above or stating I have mental health issues and looking for a break.

[echat11]

I’ve now had a reply back from loan 2

My last payment or acknowledgement was on 05/03/2020.

the default was prior.

They have been chasing me for this debt £10705.

In Sep/Oct 24 they sent me copies of paperwork, however rather than a credit agreement it was called "Zopa Loan Contract Summary" - It had my name and loan terms however rather than my address it was addressed c/o Zopa .......... and there was no signtaure. They also sent accompanying statements etc and what appears to be numerous pages of reference numbers and small amounts - Im presuming Zopa were a P2P company.

I submitted a formal CCA request to them at this time and have not accepted or acknowledged the debt.

I only heard back from them on Saturday.

They have sent exactly the same paperwork but are clearly pushing me for a quick offer as they have mentioned 05/03/25 and 06/03/25.

I have a number of questions regarding this and would really appreciate your help and advice:

1. Is a "Zopa Loan Contract Summary" valid proof of this debt belonging to me. In the T&C's they provide it refers to a "Loan Contract" but they havent sent this and the summary also has wording to the effect of "If approved your loan will be subject.......) This would indicate that its not an actual credit agreement.

2. Were Zopa loans layout different.

3. If this is a valid agreement us there anything I can do to delay things until 06/03/25 at which point it becomes time barred

4. Would they have to indicate that they intend to commence legal action, obtain a court date or actually have a court hearing by 05/03/25 to be within the time bar period.

5. If it isnt valid should I complain to them or go straight to Ombudsman to complain that what they have provided is misleading or invalid. If I do raise a complaint does this prohibit them from commencing any court action.

6. Essentially with the time bar period at 05/03/25, only 4 weeks away surely there are ways I can stall this until the date has passed, as above or stating I have mental health issues and looking for a break.

'My last payment or acknowledgement was on 05/03/2020.
the default was prior.'

So are you saying, they Defaulted the account then you made payments to bring your account balance up to date, is that correct?

1. Is a "Zopa Loan Contract Summary" valid proof of this debt belonging to me. In the T&C's they provide it refers to a "Loan Contract" but they havent sent this and the summary also has wording to the effect of "If approved your loan will be subject.......) This would indicate that its not an actual credit agreement.

That sounds like an application / pre acceptance documentation.

2. Were Zopa loans layout different.

Why are you asking this and how am I suppose to know this?

3. If this is a valid agreement us there anything I can do to delay things until 06/03/25 at which point it becomes time barred

You can challenge the documentation they have provided - see response to point (1). I'm not sure that will help you 'deal things' but it maybe 'unenforceable' through the Court. If it's application / pre acceptance documentation.

4. Would they have to indicate that they intend to commence legal action, obtain a court date or actually have a court hearing by 05/03/25 to be within the time bar period.

They would have to commence legal action prior to that date (05/03/25), if it's the correct date.

5. If it isnt valid should I complain to them or go straight to Ombudsman to complain that what they have provided is misleading or invalid. If I do raise a complaint does this prohibit them from commencing any court action.

If the agreement is 'unenforceable' then they should tell you that it is, if they don't tell you that, lodge a complaint with them, they have 8 weeks to investigate. Then when you get a final response / deadlock letter, if you don't agree, lodge a complaint with the FOS (remember the FOS can be 'flaky', don't always go with the facts.

6. Essentially with the time bar period at 05/03/25, only 4 weeks away surely there are ways I can stall this until the date has passed, as above or stating I have mental health issues and looking for a break.

You clearly have to decide what you do. They took a long time providing the agreement, they probably realize they will have 'difficulty' enforcing the agreement through the Courts.

[coolhandct]

Scan_20250211.pdf

Hi

This is relating to loan 1 - This was with the debt of £12780.

I had written to them asking to advise if there was a sum they would accept.

They have provided the following letter.

They have obviously only given me until 12/02/25 to respond so if there is any way you can reply urgently it would be appreciated.

My intention is to accept and pay this sum to get this one out the way but I want to make sure its ok and have a couple of questions:

1. They mention this letter may have crossed with court action and indeed refer to this a few times however I have not received any actual formal notice of intended court action - Am I correct that this would be required

2. Assuming I accept the offer to pay £10,500 I wanted to make sure that the wording in their letter was sufficient that this would be as full and final settlement of this agreement with the account being marked as closed and settled and that they cant then do anything else or sell the debt on. It looks ok to me but can you advise if you agree.