Credit card debt

[Collie]

I opened a bank account with TSB Scotland in 1983, at that time you were issued with a credit card as a cheque guarantee card. In 2004 I got into difficulty because of health issues after an accident and a marriage breakup and the card had £10000 owed on it, the interest was frozen and a payment of £5 per month was agreed, which has been paid every month to TSB by standing order and still is. I received letters from cabot and I sent a letter to them asking to see the CCA. Cabot replied that they cannot provide this in the 12 + 2 working days, but will try to get it from the original lender with in 40 days and will write to me again if not. I am also receiving letters from FIRE saying someone will come to my door.
I checked my credit file and there is no mention of TSB only Cabot saying date of default 2010.

Should I still pay my £5 per month standing order to TSB, and what should I do about cabot?

Thanks

[Gorang]

Re: Credit card debt

Hi

Are you still living in Scotland now???

[FlamingParrot]

Re: Credit card debt

I opened a bank account with TSB Scotland in 1983, at that time you were issued with a credit card as a cheque guarantee card. In 2004 I got into difficulty because of health issues after an accident and a marriage breakup and the card had £10000 owed on it, the interest was frozen and a payment of £5 per month was agreed, which has been paid every month to TSB by standing order and still is. I received letters from cabot and I sent a letter to them asking to see the CCA. Cabot replied that they cannot provide this in the 12 + 2 working days, but will try to get it from the original lender with in 40 days and will write to me again if not.

The above is standard response from a DCA, because they wouldn't have any of the documents and would have to go back to the original lender, who, given the above, is highly unlikely to be able to provide anything. However, there are some issues that I'd rather not post on the open forum, which I'll PM you about. :typing:

They 40 days apply to SAR requests, not CCA requests.

If, after receiving my PM, you feel you'd like to discuss those issues further, you may want to consider a VIP subscription as below:

Go to settings, the third group down is 'My settings', under 'My account', the last item is paid subscriptions. Under VIP member subscription, choose one year £9 or 10 years £25. See below. :grin:

Attached Thumbnails

[FlamingParrot]

Re: Credit card debt

I opened a bank account with TSB Scotland in 1983, at that time you were issued with a credit card as a cheque guarantee card. In 2004 I got into difficulty because of health issues after an accident and a marriage breakup and the card had £10000 owed on it, the interest was frozen and a payment of £5 per month was agreed, which has been paid every month to TSB by standing order and still is. I received letters from cabot and I sent a letter to them asking to see the CCA. Cabot replied that they cannot provide this in the 12 + 2 working days, but will try to get it from the original lender with in 40 days and will write to me again if not. I am also receiving letters from FIRE saying someone will come to my door.
I checked my credit file and there is no mention of TSB only Cabot saying date of default 2010.

Although it would be fine to show the name of the current account owner (a.k.a Cabot in this case), if, as you say above, you defaulted on this account in 2004, a default should have been recorded at that time and not when Cabot bought it (presumably in 2010). That default should have actually dropped off in 2010, so I'd be inclined to request to get it removed in accordance with the ICO Guidance for reporting to the CRAs. If you have a default notice or anything that shows you defaulted in 2004, you could provide that in evidence that the default date is erroneous and the default should no longer be on your file.

The definition of a default

9 A ‘default’ can be said to occur as soon as a borrower fails to meet the terms of their credit arrangement. However, adopting this definition for credit referencing purposes would create difficulties since it is accepted that not all these defaults should be reported, for example, where weekly payments are late but are quickly remedied.

11 Time framework
Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.

• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.
• Accounts should normally be filed as being in default where those payments due have not been received for six months.

[FlamingParrot]

Re: Credit card debt

I opened a bank account with TSB Scotland in 1983, at that time you were issued with a credit card as a cheque guarantee card. In 2004 I got into difficulty because of health issues after an accident and a marriage breakup and the card had £10000 owed on it, the interest was frozen and a payment of £5 per month was agreed, which has been paid every month to TSB by standing order and still is. I received letters from cabot and I sent a letter to them asking to see the CCA. Cabot replied that they cannot provide this in the 12 + 2 working days, but will try to get it from the original lender with in 40 days and will write to me again if not. I am also receiving letters from FIRE saying someone will come to my door.

FIRE are in-house debt collectors for Cabot. Most of those threats of home visits are just empty threats, however, on the odd occasion they do turn up. There is a letter you can send them, revoking the right to visit you. Sign the letter digitally using a computer font rather than your real signature.

Dear Sirs

Ref: xxxxxxxx

Please be advised that I will only communicate with you in writing. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

[Collie]

Re: Credit card debt

Thank you all for your replies. Yes I still live in Scotland. I don't know whether I should still pay my £5 per month to TSB ?

[Gorang]

Re: Credit card debt

FIRE are in-house debt collectors for Cabot. Most of those threats of home visits are just empty threats, however, on the odd occasion they do turn up. There is a letter you can send them, revoking the right to visit you. Sign the letter digitally using a computer font rather than your real signature.

As the OP has confirmed they live in Scotland (After you had posted this very good advice) Sorry FP this advise will not apply now (which I suspect that you will know)

Yes I still live in Scotland

The only ones in Scotland that come to your door looking for money and be lawful, is a Sherriff Officer, and they can't chase a debt until Decree has been obtained from a Scottish court



1, How much is still left outstanding of the debt roughly?? (this will determine if it is likely to be a Small claim, Summary Cause or a Ordinary cause, IF this ends up in court)
2, Have you received a Notice of Assignment from TSB or Cabot at all???? (a notice telling you that Cabot have bought the account)
3, Have Cabot served a summons on you yet?? (I am assuming not)

Do NOT stop paying the debt YET (until we can determine if NOA has been received by you) as if you stop paying and they decide to take you to court then the case WILL be transferred to a your local court, and then come under Scottish Law, and if you have stopped payments then the judge will NOT like this as he WILL look at as though you are trying to get out of paying, which right now it can be easily shown that you are NOT trying to get out of paying

Good thing about living up here is that with the Scottish system it means that Cabot will NOT get away with half of what they do when they use the English system

[Collie]

Re: Credit card debt

As the OP has confirmed they live in Scotland (After you had posted this very good advice) Sorry FP this advise will not apply now (which I suspect that you will know)


The only ones in Scotland that come to your door looking for money and be lawful, is a Sherriff Officer, and they can't chase a debt until Decree has been obtained from a Scottish court



1, How much is still left outstanding of the debt roughly?? (this will determine if it is likely to be a Small claim, Summary Cause or a Ordinary cause, IF this ends up in court)
2, Have you received a Notice of Assignment from TSB or Cabot at all???? (a notice telling you that Cabot have bought the account)
3, Have Cabot served a summons on you yet?? (I am assuming not)

Do NOT stop paying the debt YET (until we can determine if NOA has been received by you) as if you stop paying and they decide to take you to court then the case WILL be transferred to a your local court, and then come under Scottish Law, and if you have stopped payments then the judge will NOT like this as he WILL look at as though you are trying to get out of paying, which right now it can be easily shown that you are NOT trying to get out of paying

Good thing about living up here is that with the Scottish system it means that Cabot will NOT get away with half of what they do when they use the English system

Thank you for your reply.
There is about £9500 outstanding now and I have not received a notice of Assignment for either. I Have not had a summons yet.

Today got a letter from Cabot we say they cannot locate the CCA from original lender, but will continue to look for it. They state the will not be permitted to obtain a judgement or decree, but must make arrangements to repay to them or continue with my existing payments.
I am still paying every mobth by standing order to tsb.

[debttydo]

Re: Credit card debt

No CCA no pay simple as.

[Collie]

Re: Credit card debt

No CCA no pay simple as.

Thank you

[FlamingParrot]

Re: Credit card debt

As the OP has confirmed they live in Scotland (After you had posted this very good advice) Sorry FP this advise will not apply now (which I suspect that you will know)


The only ones in Scotland that come to your door looking for money and be lawful, is a Sherriff Officer, and they can't chase a debt until Decree has been obtained from a Scottish court

Sorry about that, I missed that bit.

There is a North of the Border version of the letter:

Dear Sirs

Account No/Reference No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

Any attempt to visit will be pointless, as no discussion will take place and you will merely be asked to leave, which under Common Law you must do immediately upon request.

For your reference I also draw your attention to the Land Reform (Scotland) Act, 2003, specifically chapter section 6 (1)(b)(iv) which States:-
6 Land over which access rights not exercisable
(1) The land in respect of which access rights are not exercisable is land—
(which)
(iv) comprises, in relation to a house or any of the places mentioned in paragraph (a)(ii) above, sufficient adjacent land to enable persons living there to have reasonable measures of privacy in that house or place and to ensure that their enjoyment of that house or place is not unreasonably disturbed;

I trust I make my position clear and that you will communicate in writing only as per my reasonable request.

Yours faithfully

[FlamingParrot]

Re: Credit card debt

Thank you for your reply.
There is about £9500 outstanding now and I have not received a notice of Assignment for either. I Have not had a summons yet.

Today got a letter from Cabot we say they cannot locate the CCA from original lender, but will continue to look for it. They state the will not be permitted to obtain a judgement or decree, but must make arrangements to repay to them or continue with my existing payments.
I am still paying every mobth by standing order to tsb.

That sounds like good news. :bounce: If it was me, I wouldn't pay anymore, the SBd clock won't start ticking till payments stop. :clock: