CCA Please Help

[mk13]

Re: CCA Please Help

Thank you for your help. I sent a copy of the SAR to Aktiv Kapital (now PRA) that I sent to Barclaycard. Now understand from your reply that DCA don't hold historical data.
Why would PRA not apply for a CCJ, is it because the account is in dispute?
In your honest opinion Flaming Parrot, with all things considered with this account, If I was to offer a low full and final settlement offer do you think they would accept it. You may think I am mad, but I feel nervous about how this will pan out?

Many thanks again.

[FlamingParrot]

Re: CCA Please Help

Thank you for your help. I sent a copy of the SAR to Aktiv Kapital (now PRA) that I sent to Barclaycard. Now understand from your reply that DCA don't hold historical data.
Why would PRA not apply for a CCJ, is it because the account is in dispute?

Probably, they may wish to concentrate their time and energy on those more likely to roll over and pay. I also have some debts I've not paid since 2010 and so far no claims have been issued. ray:

Thank
In your honest opinion Flaming Parrot, with all things considered with this account, If I was to offer a low full and final settlement offer do you think they would accept it. You may think I am mad, but I feel nervous about how this will pan out

I don't think you're mad, I just wouldn't want you to acknowledge the debt by making a repayment offer this close to statute barred! :scared: That would mean wasting all those years you've spent keeping the wolf off the door!

[mk13]

Re: CCA Please Help

Many Thanks Flaming Parrot understood what you have said and will hold my nerve, wish me luck.

[FlamingParrot]

Re: CCA Please Help

Many Thanks Flaming Parrot understood what you have said and will hold my nerve, wish me luck.

[mk13]

Re: CCA Please Help

Hi Folks, need some additional urgent help. Just received the attached letter from Cabot about taking further action against me, even though my account has been on hold. Any advice would very welcome.

Regards

M

[nemesis45]

Re: CCA Please Help

Hi,

Save me reading back Is this account defaulted?
Cabot cannot place a new default on this?
Please check your credit file (Noddle is free)
This seems to be a nasty new tactic from Cabot
debt purchasers cannot place new defaults, thus
it will change the date of the cause of action
interfering with the Limitation period.

I suggest the following Letter to Cabot:

Mr Neil Clyne
CEO Cabot Group,

Date:
Ref: use theirs:.................:

Dear Mr Clyne,

I refer to a letter from Cabot dated ..........................: (copy attached) that purports to be a Default Notice issued under Section 87 of CCA 1974 (as amended).

This alleged debt was defaulted on date:............: by the original creditor and this credit file entry for this has been removed from all CRA files after 6 years have elapsed since the default date;

I am fully aware that any debt cannot be defaulted twice, therefore it appears that Cabot is attempting to place a new default with a clear intention of extending the " life " of the debt in relation to Section 5 of the Limitation Act 1980.

I am also aware of the many attempts made by Cabot to twist law and regulation to suit its own purposes, many examples have been made public.

Any attempt by Cabot to place a "new " entry on credit reference files will be reported to the Information Commissioners Office and the FCA without further reference to Cabot.

I require a response from you Mr Clyne as CEO of the Cabot Group confirming that no such default notice should have been sent and that no further action will be taken on this matter.
Failure to respond within 7 working days of the date hereon will result in immediate reports/complaints to the regulator.

use signed for post and check delivery date.

nem

[mk13]

Re: CCA Please Help

Many Thanks Nemesis45. This is very stressful receiving mail in this manner when I haven't received a reply to my CCA request from September 2014, just that my account was on hold. I got into financial difficultly through illness and went onto a debt management plan - interest frozen, repayment only . This was too expensive and decided to go it alone in 2013. Since then and with help from the wonderful people on here, have given me self belief and confidence to check that my original CCA was in order....that is where I am at...sorry to waffle.

Thanks

M

[nemesis45]

Re: CCA Please Help

No Problem MK.
I've now seen more DN's issued in cases similar to yours, when you get a response on this we can consider what further to do.

nem

[mk13]

Re: CCA Please Help

Hi Nemesis, hope this isn't a stupid question, here goes... I take it that by going through a debt management plan I defaulted on my account payments?
Want this clarified as I want to use your template that you kindly supplied.

Thank you

M

[nemesis45]

Re: CCA Please Help

The debts that are entered in to DMPs are usually defaulted before or just after the DMP is set up,
The default date should show on credit reference files.
Any payment lower than the contractually required amount is technically defaulting on the agreement,

Hope this helps,

nem

[mk13]

Re: CCA Please Help

Many Thanks again Nemesis, will let you know how I get on.

Regards,

M

[mk13]

Re: CCA Please Help

Hi all,
Received a letter today from Cabot which I have uploaded, basically saying they are going to investigate my complaint....wonder what they will say. Also I have been looking at my credit file on Noodle and I see that the DCA's have recorded missed payments on both my contended accounts, Is there anything I could do about this considering non compliance to CCA request?

As always, a very big thank you for your help in this matter.

M

[nemesis45]

Re: CCA Please Help

Hi don't think the " DCA's" have recorded "late payment" this
would have been done by the original creditor usually the DCA's
just update the files with their details.

The absence of the CCA does not affect the reporting of the account
to the CRA's, or pursuing the debt short of taking court action.

nem

[mk13]

Re: CCA Please Help

Thank you Nemesis, so what you are saying the debt will be marked up as unpaid month on month until the debt is 6 years old? This will affect my credit worthiness too?

Thanks,

M

[mk13]

Re: CCA Please Help

Quick update. I have attached the last two letters from Cabot, the second received on 07.05.15 appears to contradict the first as Cabot have promised me a thorough investigation. Does anyone think I should contact the Financial Ombudsman?

Any help is appreciated

M