Sainsburys Bank debt sold to Cabot

[Worried271070]

Hi

Looking for any help please. Ex wife and me have been receiving letters from Cabot in relation to a loan that was taken out in 2008 anrd defaulted in Jan 2012 (we divorced - it was for her failed business, she agreed to make payments and then didn't - usual stuff I guess).

It it was formally disputed in December 2012 with Westcot who said they would try and provide copies of agreement and never did.

I cant afford to make any payments and ex wife has just buried her head in the sand. Nothing happened after the dispute letter with Westcot - have had no correspondenc for almost four years.

All of a sudden, 31 October 2016, received a letter from Sainsburys advising they had sold the debt to Cabot and have received letters from Cabot asking me to make contact with them.

Sent Cabot usual letter about the case being in dispute and both they and Sainsburys have come back and confirmed they believe the agreement is enforceable and have sent very bad copies of the agreement, Neither of them have mentioned the fact that there was never an answer four years ago to the dispute,

Cabot have now wrote to me again asking me to make contact with them.

Any thoughts on on what I should do next please?

Thanks so so much for taking the time to read this and for any advice,

[charitynjw]

Re: Sainsburys Bank debt sold to Cabot

Hi Worried271070, welcome to LB

Has there been a definite threat of litigation yet? (Will go to court, as opposed to may).

How much (approx) is the alleged debt?

Contact only if absolutely necessary, & in writing only with proof of postage; it's wise to have a paper trail.

[Worried271070]

Re: Sainsburys Bank debt sold to Cabot

Thank you so much! Is this the right forum? Should I have placed it in DCA? It's my first time.


Total amount is just over 13k. She took the loan out for a business that went bust but because she was self employed, we took it in joint names as I had a good credit rating - never had a problem with anything before or since.

Only recent correspondence is from Cabot. In 2011/12, when with a previous DCA, there were solicitors letters but then it was disputed and nothing heard for 4 years.

Should I do anything now? Write back and say I have never had an answer to the dispute? Cabot are offering in their latest letter to accept a reduced amount and my credit file now shows a default to Cabot, not Sainsburys (the only black mark on my file).

Thanks again

[Kati]

Re: Sainsburys Bank debt sold to Cabot

Thank you so much! Is this the right forum? Should I have placed it in DCA? It's my first time.

it's fine here (unless you want me to move it?) xx

[Worried271070]

Re: Sainsburys Bank debt sold to Cabot

it's fine here (unless you want me to move it?) xx

Im more than happy to be guided by you and thanks for taking the time to reply. Didn't know whether it would get more views in DCA?

Thanks again

[Diana M]

Re: Sainsburys Bank debt sold to Cabot

When you "formally disputed it in 2012" did you both send a s. 77-79 CCA Request i.e. one sent by each of you?

Since you say this was a joint loan the creditor may have the freedom to issue a claim naming you both as 1st Defendant and 2nd Defendant.

If that happens (let's hope not) then you will both have to file separate Defences, so if non compliance with s. 77-79 CCA is to be a legal argument then you need to make sure that both of you have sent a valid request (with the £1 statutory fee).

Are Cabot writing to each of you at your respective addresses?

Finally when did either of you pay anything towards this debt in case it may be Statute Barred?

Di

[Worried271070]

Re: Sainsburys Bank debt sold to Cabot

When you "formally disputed it in 2012" did you both send a s. 77-79 CCA Request i.e. one sent by each of you?

Since you say this was a joint loan the creditor may have the freedom to issue a claim naming you both as 1st Defendant and 2nd Defendant.

If that happens (let's hope not) then you will both have to file separate Defences, so if non compliance with s. 77-79 CCA is to be a legal argument then you need to make sure that both of you have sent a valid request (with the £1 statutory fee).

Are Cabot writing to each of you at your respective addresses?

Finally when did either of you pay anything towards this debt in case it may be Statute Barred?

Di

Hi

Thank you. Ex wife has sent nothing throughout - she has just buried her head in the sand. Formally disputed - I sent CCA and nothing was ever sent back. No payment has been made to the loan at all since default date - Jan 2012. However, that means we need to last out until Jan 18 which is 7 months. Not sure staying quiet is an option but I genuinely don't know what to do.

Thanks again

- - - Updated - - -

Also,,I don't know whether they are writing to her. Presume so as the letters I receive are just to me.

[Diana M]

Re: Sainsburys Bank debt sold to Cabot

Have you kept a copy of the CCA Request you sent in 2012 with proof of posting?

Who did you send it to? Was it Sainsburys or was it a Debt Collection Agency acting as their agent?

Was your CCA Request acknowledged (in writing) and then ignored or was it met with silence? Sometimes DCAs drop an account (send it back to the creditor) when they get a CCA Request but the creditor may not know one was made etc.

You need to establish whether that original CCA Request is valid and can be relied on as evidence in court if ever the need arose.

I would send a Subject Access Request to Sainsbury's to get the full history of this account. That way you'll also know whether your ex wife has made any payments without your knowledge (when under pressure on the phone etc).

Depending on your answers to the CCA Request issue you may/may not need to send a new one if you've no evidence of the first one sent in 2012.

Di

[Worried271070]

Re: Sainsburys Bank debt sold to Cabot

Thank you. The previous CCA was acknowledged by Westcot who said they would send copy of agreement in 2012 and never did. Both Sainsburys and Cabot have sent statements and bad copies of agreement showing no payments made (and the amount owing hasn't changed since default date). I work for a bank so all of this is new to me and just really worried.

[Diana M]

Re: Sainsburys Bank debt sold to Cabot

The previous CCA was acknowledged by Westcot who said they would send copy of agreement in 2012 and never did. Both Sainsburys and Cabot have sent statements and bad copies of agreement showing no payments made

In which case you don't need to send a new CCA Request, assuming you've kept the evidence (letter) from Wescot.

How bad were the "bad copies of agreement"? Do you mean illegible (which can be remedied by a decent reconstituted version) or the information was either incorrect or lacking?

Or do you mean they only sent you a statement printout showing monthly payments made etc but not the original agreement with all the Ts & Cs etc?

Di

[Worried271070]

Re: Sainsburys Bank debt sold to Cabot

Thank you. Just a photocopy of a photocopy - not particularly easy to read and only initial t and c - not current ones. I have kept the correspondence from Westcot. Sainsburys have said I should just contact Cabot now and Cabot keep chasing. Should I do anything at this stage? Should I go back and say dispute was never resolved and therefore they can't enforce the agreement? I don't want them to feel I am ignoring them

thanks