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I have an old debt, it was a loan from Lloyds TSB for 8K which was taken out back in December 2007. I could not afford to pay monthly payments due to becoming redundant and the account got defaulted in February 2012 and went to BLS, I believe they are one of the in-house collection teams for Lloyds. I paid them reduced amount for 4 years. Then Cabot Financial have brought a debt off BLS. I had a payment plan with them and was paying them minimal amount each month for about 1 year. I then decided to request a Consumer Credit Act agreement and wrote a letter to them back in November 2017 using the 3-letter process. They replied saying that they received my request and will deal with it. I haven’t heard from them until November 2019 when they called me and asked to arrange a payment plan again. I explained to them that I am still waiting for my CCAA from them. They apologised and said that they will request it from the original lender.
On 3rd of February 2020 I received my CCAA in the post along with the letter from Cabot stating that I have been selected for a legal action because I am not making payments.
The next letter came within 5 days stating that I have 21 days remaining until they place my account with solicitors.
The most recent letter which was sent on 28th Feb stating that I have 7 days until they place my account with solicitors and that they have given me ample notice of the commencing legal action for over a month and I have not taken any action to prevent this.
CCAA looks legitimate to me. There is a stamp from Lloyds TSB with the date. Loan account number is clearly stated along with my personal details, i.e. name, address etc. Financial info is also there including the loan amount, monthly repayment amount, interest etc. It also has other terms and conditions. It does not have my signature on it but as I applied for the loan online, I don’t expect one to be there.
Can Cabot now file for court action so late in the day? (I know defaults must be applied with 6 months of non-payment, but am I right in thinking CCJ's are up to 6 years after)?
I checked my credit report and there is no mention of this debt whatsoever.
I am about to apply for a mortgage and the last thing I need is CCJ on my file. I’d rather arrange a payment plan or offer them a one-off reduced payment to close this account. However, I read somewhere on here that if you make the reduced one-off payment they can come back in future and ask for payment again?
I would really appreciate your advice on this matter.
Many thanks in advance!*
On 3rd of February 2020 I received my CCAA in the post along with the letter from Cabot stating that I have been selected for a legal action because I am not making payments.
The next letter came within 5 days stating that I have 21 days remaining until they place my account with solicitors.
The most recent letter which was sent on 28th Feb stating that I have 7 days until they place my account with solicitors and that they have given me ample notice of the commencing legal action for over a month and I have not taken any action to prevent this.
CCAA looks legitimate to me. There is a stamp from Lloyds TSB with the date. Loan account number is clearly stated along with my personal details, i.e. name, address etc. Financial info is also there including the loan amount, monthly repayment amount, interest etc. It also has other terms and conditions. It does not have my signature on it but as I applied for the loan online, I don’t expect one to be there.
Can Cabot now file for court action so late in the day? (I know defaults must be applied with 6 months of non-payment, but am I right in thinking CCJ's are up to 6 years after)?
I checked my credit report and there is no mention of this debt whatsoever.
I am about to apply for a mortgage and the last thing I need is CCJ on my file. I’d rather arrange a payment plan or offer them a one-off reduced payment to close this account. However, I read somewhere on here that if you make the reduced one-off payment they can come back in future and ask for payment again?
I would really appreciate your advice on this matter.
Many thanks in advance!*
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