Requesting CCA information on a defaulted current account/overdraft

[Diana M]

Re: Requesting CCA information on a defaulted current account/overdraft

the £16k one (HSBC, currently with Cabot) are not particular bothering me for it at the moment, they just send me updates from time to time. But it makes me wonder if the reason they're not hassling me is because they know it's not enforceable? Or again, is that just wishful thinking?

Let's take a look at your wishful thinking question

I doubt Cabot are not hassling you because they know it's not enforceable. Who says it's unenforceable anyway since only a DJ can declare that?

Cabot are very litigious so are unlikely to place nicely for long on a £16k debt once/if they discover you own property.

So here come the questions:

When was the debt assigned to Cabot?

The letters may be generated by Cabot Financial (Europe) Ltd (on correspondence) but who actually owns the debt (it may be on the column right hand side of those harmless letters)? There could be a variety of possibilities and I'll explain why that matters when you've answered the question.

I'm not sure you're going about this whole debt situation the best way since there is no one-size-fits-all solution for dealing with debt purchasers. They all behave in different ways so need bespoke treatment.

Was there PPI on any of these debts?

Di

[Diana M]

Re: Requesting CCA information on a defaulted current account/overdraft

I've now found another thread which you started yesterday which relates to your PRA default judgment (CCJ) in which you say it's reach bailiff stage and you have a Warrant of Control so I think that may need to be looked at swiftly. This also explains your reluctance to give PRA your current address.

Is the address on the Warrant the property you currently live in, or is it the mail box address?

Link > http://legalbeagles.info/forums/show...869#post744869

Posted on your other thread yesterday >

Hello everyone. This is my first post on here.

I've got multiple debts and various issues I'd like to ask about, but I need to start with the most urgent as it's reaching the bailiff stage.

I'vehad a similar experience to some other people that I've readabout in a thread on here: a defaulted debt with MBNA which then went to various debt collection agencies (including Experto Credite) whilst I paid a token amount for severalyears, and then suddenly some bounced back payments from late lastyear; the debt getting taken over by PRA Group and then court actionvery quickly after. From what I read Experto went bust and PRA took over and have been very aggressive in going to court.

I understand that requesting CCA information to find out if the debt is enforceable is useful, and can halt further court action until the request is answered by the creditor. I've also heard that if Experto were involved there's a good chance the relevant paperwork is not present and the original debt may have been unenforceable. Myproblem is that because of an issue with not getting my mail I didn'tknow about it all until after the CCJ had already been issued.They've now also issued a Warrant of Control, which involves thebailiffs etc.


I'veread about requesting CCA information to see if a debt is enforceableand that a creditor has to supply certain information. But I haveread that this obligation ceases once a CCJ has been issued. So is ittoo late for me to do anything (even if just temporarily halting the court action whilst I take further advice on how to proceed)?


Oneoption could be to apply to get the CCJ “set aside”. Possiblegrounds could be that I never put in an initial defence because Ihadn't got the letters until after the CCJ had been issued, so it gotissued by default in my absence. My mail had been going to my oldercorrespondence address. The problem here is I'm reluctant to give mynew address out to them...


However,I do also dispute the amount. I've looked back at my original spreadsheet from 2008 when I first got into financial trouble. I'velisted my MBNA debt as being £7500. This debt changed hands severaltimes before PRA finally put in for the CCJ at £8700. They alsoadded £500 in costs, so the final CCJ is for £9200. Does this seema reasonable amount of costs to have added on, or do you think Iactually do have grounds to set aside the CCJ?


Iunderstand that if you submit a CCA request before a CCJ has beenissued, then this halts any further action until the creditor hassupplied the requested information. But if it's true that theobligation to provide CCA information ends once a CCJ is ordered(I've read that this is because the CCJ supercedes any previous termsand conditions etc) then does this mean this will not work to even temporarily halt the bailiff action?

Or could I still write to the court and/or PRA to say that I intend to get the CCJ set aside and still make the CCA request, and request a halt on any further action until they have provided that information?


Advice greatly appreciated.

Di

[monkeybuster]

Re: Requesting CCA information on a defaulted current account/overdraft

Thanks Di,

Yes, I'm sure it's wishful thinking

I have about 3 accounts that Cabot are dealing with. For the one in question here (the HSBC loan/current account bundle), my most recent letter from Cabot is a statement covering the period from Dec 15 to Dec 16.
At the beginning of the letter it refers to the "Current account" (but makes no mention of a loan). It says that the "date assigned" is from 2011. So it does look like they've sat on it for years.


The address in the top right is for Cabot Financial (Europe) Ltd in West Malling.
The statement details at the beginning do say: "Lender: Cabot Financial (Europe) Ltd." and gives the West Malling address.
There is a logo at the bottom left of the page referring to CSA (Credit Services Association) and at the bottom right of the page it gives the registered office in West Malling.
I can't see any other companies mentioned. What are the implications?

Yes, I'm sure I'm not going about it the best way! Any guidance will be great.

I don't believe I had PPI on any of my debts.

Thanks again.

- - - Updated - - -

Hi Di,

It's the mailbox address that the bailiffs have.
I'm slightly concerned that if they arrive and find it's a mailbox then it might appear that I've been intentional misleading. But I set the mailbox up in good faith back when I didn't have a street address because I lived on the boat. Then I didn't change it over for my financial documents since I didn't want the avalanche of letters from debt agencies coming to my door.

[monkeybuster]

Re: Requesting CCA information on a defaulted current account/overdraft

The debt charity I spoke to suggest I get the offer of £20/month to PRA and ask them to suspend the account (or legal further action?) whilst it's being resolved.
They thought that if the bailiff turns up and has no luck then they'll pass it back, at which point PRA can move on to other stuff (e.g. attachment to earnings). But if I've engaged and submitted my budget and pro rata offer, then the debt charity thought this would essentially lead to the same outcome as if the courts get further invovled, so PRA may accept. By that I mean: my monthly budget is what it is, and they can't take what I haven't got.
You can probably see that I would rather get a quick agreement from PRA on a pro rata monthly payment drawn up with the help of the debt charity (which presumably a court would take as being valid, either for CCJ payment and/or attachment of earnings), BEFORE PRA start with further legal action.

[monkeybuster]

Re: Requesting CCA information on a defaulted current account/overdraft

Yes, it's complicated!

Right. I'll get online and get another credit report ordered...

Re: your question "Or do you mean that the HSBC mortgage account is showing under your current address as a financial product but it doesn't reveal the address which it's secured on."
Almost! There is only one house. When I lived on the boat I was offered a mortgage from HSBC so I bought the house with that and rented it out. When I moved off the boat, I moved into the house myself. So Experian has my address as the mailbox. But on that credit file the mortgage appears as a financial product (although it doesn't give the address of the propery).
So I don't think I could argue that PRA had any other address to send it to other than the mailbox, because that's where all my finances are registered, and that's always the address I've used in previous correspondence that they may have access to from previous debt agencies like Experto. Pity!

Picking up on your comment about no "one size fits all" solution, I definitely agree, and I do have questions about various other debts and how I might approach each of them individually. My only concern is the confusion it may cause as obviously each one generates questions and replies which may become a blizzard! So is it probably best for me to hold off with questions about other debts? The PRA/CCJ thing is most urgent; plus I would like to start looking at the Cabot/HSBC £16k. And then I can pick up on the others at a later point? I've just seen I actually have 4 accounts being handled by Cabot. Three refer to agreements pre-2007, which may be helpful for CCA requests? But anyway, let me not get ahead of myself!

Thanks again.

[Amethyst]

Re: Requesting CCA information on a defaulted current account/overdraft

Glad Di spotted that other thread mentioning the warrant of control .... did the debt charity ( which one btw?) say to use the N245 fo suspend the warrant and vary the order ? n245-eng.pdf that form ? through the court or just to negotiate installment and suspension of the warrant directly with PRA ?

[monkeybuster]

Re: Requesting CCA information on a defaulted current account/overdraft

Hi Amethyst,

The charity (Stepchange) said to do either. My preference is for sending direct communication to PRA since the N245 form has a section on your living situation and I'd have to tick "In my own home", which I thought would just be another red rag for a potential charging order from PRA!
Thanks.