***urgent advice needed***

[Eagle1977]

Re: ***urgent advice needed***

That's strange. They have previously said you have to ask the OC for the agreement. I don't believe Cabot are being full and frank with you. What makes me very wary is that a debt that was subject to dispute and recovery of excessive/illegal/unlawful fees was assigned/sold. To the best of my knowledge and belief, a creditor is not supposed to do so. I am wondering whether you should contact the regulators about this. Other LB members may have different views and suggestions so wait for them to look in before doing anything further.

Hi bluebottle,

Cabot originally said if I believe the default was placed on my credit file incorrectly, then I would need to contact the OC. Obviously, I know this is incorrect because if they are the legal owners of the debt, then they are the data controllers for the account.

I sent a CCA request and a request for a copy of the default notice to the OC. They returned my letter and the statutory fee asking for proof of address. This is strange because they sent me a SAR without any problem! Anyway, I sent them the request again together with the proof of address via recorded delivery last Monday. I've not heard anything yet.

Eagle

[bluebottle]

Re: ***urgent advice needed***

They have, I believe, 12 days in which to comply. However, LB members who are more conversant with this area of debt will be able to confirm the timescale a creditor has to comply with a request.

[Eagle1977]

Re: ***urgent advice needed***

They have, I believe, 12 days in which to comply. However, LB members who are more conversant with this area of debt will be able to confirm the timescale a creditor has to comply with a request.

Hiya

As far as I am aware it's 12+2 days. Then after this period the account goes into default and they cannot continue collection activity until the document has been produced. If it remains un produced after 1 month, then they have committed a criminal offence and can be reported to Trading Standards. So I'm led to believe.

If a signed executed copy of the credit agreement cannot be produced. Can I then question the validity of the default?

Thanks

Eagle

[Amethyst]

Re: ***urgent advice needed***

Hiya

As far as I am aware it's 12+2 days. Then after this period the account goes into default and they cannot continue collection activity until the document has been produced. If it remains un produced after 1 month, then they have committed a criminal offence and can be reported to Trading Standards. So I'm led to believe.

Hiya, Things have changed since April 2007 on this front.

It is 12+2 days for compliance then they are in default. While in default they basically can carry on as normal (though should tell you they can't enforce in court but may continue collection activity) but they are unable to enforce the debt (ie obtain judgment in court) though they can start court action. They can produce it at any point in the future and then go to enforcement (ie if in court they could lift a stay/get judgment etc), plus the default period doesn't prevent them adding interest to the debt.

The Criminal sanctions were completely abolished I'm afraid.

Sorry, hope that helps

SHaron
xx

[bluebottle]

Re: ***urgent advice needed***

Hiya

As far as I am aware it's 12+2 days. Then after this period the account goes into default and they cannot continue collection activity until the document has been produced. If it remains un produced after 1 month, then they have committed a criminal offence and can be reported to Trading Standards. So I'm led to believe.

If a signed executed copy of the credit agreement cannot be produced. Can I then question the validity of the default?

Thanks

Eagle

I would say that if an alleged creditor cannot produce a valid and legally-executed agreement that complies with all legal requirements, it would bring not only the default into question, but the alleged debt also.

Ask yourself this question, "If they cannot prove an agreement exists, how can they prove that a debt exists?"

[Amethyst]

Re: ***urgent advice needed***

Ask yourself this question, "If they cannot prove an agreement exists, how can they prove that a debt exists?"

With ccard/bank statements / screen notes of telephone conversations / payments made to the account etc.

[Eagle1977]

Re: ***urgent advice needed***

With ccard/bank statements / screen notes of telephone conversations / payments made to the account etc.

Yep, that would make sense. But, if no CCA was evident, could I question the default?

[Eagle1977]

Re: ***urgent advice needed***

Yep, that would make sense. But, if no CCA was evident, could I question the default?

Anyone?

I feel I am going to have to attend court over this default, which I am fully prepared to do. Just so I can make preparations and gain further advice, could anyone provide me with a link/links on how to start a claim in regards to default removal, what to expect and how to begin. Any success stories would be a real help and inspiration too.

Thanks in advance

Eagle

[Amethyst]

Re: ***urgent advice needed***

The default showing on your credit file is a different thing from a default under the CCA.

If you denied ever having had the debt (which you don't) then you could fight the default. If you had the debt, defaulted on it, and they can't find the CCA to enforce the debt by judgment, then the default would stand.

I think it was outlined in McGuffick - http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html

Since I have concluded that neither reporting to the CRAs during the period of non-compliance nor any of the other steps identified in paragraph 79 above amounts to enforcement of the agreement contrary to section 77(4), no question arises of the claimant being entitled to an injunction restraining the bank from continued reporting to the CRAs or from taking any of the other steps.

[Eagle1977]

Re: ***urgent advice needed***

The default showing on your credit file is a different thing from a default under the CCA.

If you denied ever having had the debt (which you don't) then you could fight the default. If you had the debt, defaulted on it, and they can't find the CCA to enforce the debt by judgment, then the default would stand.

I think it was outlined in McGuffick - http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html

Since I have concluded that neither reporting to the CRAs during the period of non-compliance nor any of the other steps identified in paragraph 79 above amounts to enforcement of the agreement contrary to section 77(4), no question arises of the claimant being entitled to an injunction restraining the bank from continued reporting to the CRAs or from taking any of the other steps.

Thanks Sharon,

There just seems to be so many inconsistencies in regards to the execution of this default. For instance: approx 76% of the debt are unlawful charges, so they are reporting inaccurate information to the CRA. They never bothered to update my address, which is clearly indicated on their activity log hence I never received a default notice, termination notice or notice of assignement. Although Cabot did send me a copy of the NOA and it has my old address on it!!!

Eagle x

[Amethyst]

Re: ***urgent advice needed***

Were the charges over £12 each time?

[Amethyst]

Re: ***urgent advice needed***

This seems to be the issue.What state was the account in when you moved house?

Anyway, I have read through the activity / communication log and it states that I had informed the credit provider if my new address on 11/09/2012. Although, they state they couldn't confirm my new address because they had no phone number. This is because I didn't have a phone at the time. Any how, I had a default registered against me by this company on 31/05/2013. I at no point ever received a default notice, termination notice or NOA. My guess it went to my old address, because despite me informing them in writing that I had moved, they continued sending correspondence to my previous address.

[Eagle1977]

Re: ***urgent advice needed***

This seems to be the issue.What state was the account in when you moved house?

Hi sharon

the charges were all £12.00. In a nutshell, I had set up a DD with the OC, in the hope that the debt would just be cleared over time. I moved around a lot not really settling down anywhere, because of a divorce etc etc. So in all honesty I forgot about it.

As soon as I found a permanent place to live, I wrote to the OC changing my address and asking for an up to date account balance. I received nothing. Some months later, my mum got a letter from a DCA acting on behalf of the OC. My dad has the same name as me so he opened it quite innocently. This, as you can imagine caused me some embarrassment and I had to explain to them what had happened. Well, this is where I found out that all my payments I had made were just being swallowed by their charges and the debt had just spiralled out of control.

I contacted the OC but they were not interested. I checked my CF and only then realised I had a default. If I had received a letter from them I would have resolved the issue. But, I received nothing

Eagle

[Amethyst]

Re: ***urgent advice needed***

When you set up a DD with the OC what was the DD based on - the minimum payments required? and if so, how were charges continuing to be applied ?

[Eagle1977]

Re: ***urgent advice needed***

When you set up a DD with the OC what was the DD based on - the minimum payments required? and if so, how were charges continuing to be applied ?

Hiya

yes, they were the minimum payments which continued for approx 2 years. I think the account may have been over the agreed credit limit, so hence the charges added up

Eagle x