CCA incorrect address

[striker]

1 took out a TSB credit card in 1988, defaulting in 2004. Having made small monthly payments since,
but with various settlement offers rejected, a CCA request resulted in reconstituted docs. being sent,
with Lloyd's/TSB advising that these "complied with the Consumer Credit (Cancellation Notices and
Copies of Documents) Regulations 1983 and therefore comply with the obligations set out in section
77/78 of the Consumer Credit Act 1974."
However, as the address shown was incorrect (being from 1997) I informed them of this and that, as
it was not a true copy, it was not-compliant and therefore unenforceable, but to try to finalize this, I also
made another F&F settlement offer (around 25% on £7K O/S). Unbeknown to me, the debt had been
sold to Cabot, who subsequently instructed Robinson Way, and I have therefore repeated my comments/
offer to them, yet they merely re-iterate what Lloyd's stated, insisting the debt is enforceable, threatening
further collections activity, although Robway have counter-offered with a 25% discount.
Would appreciate your advices, particularly as there seems a doubt whether the 1983 regulations do
apply here, and how strong my case would be if this came to court. Thanks in anticipation.

[Diana M]

Re: CCA incorrect address

Just because a creditor says something that doesn't mean it's true

If Lloyds/TSB say the debt is enforceable then they're entitled to their opinion which may differ from that of a District Judge.

If this is a debt from an account opened by TSB in 1988 there could be a lot of other issues before it can be judged as enforceable. The DN from 2004 (if at all) for instance.

It's unusual to see Robinson Way acting as a DCA for Cabot. Who do you believe to be the current owner of this old TSB debt? Could it be Hoist who own Robinson Way?

If I've understood you correctly you made a F & F offer to Lloyds who had already assigned the account to Cabot at that point. When did you last make a payment on the account?

Di

[striker]

Re: CCA incorrect address

Thanks for your reply and, of course, only a judge can rule on enforceability of the CCA.
For your info.the CCA was requested 1/4/15 and docs. sent by Lloyd's 13/4/15. In July they
advised they had sold the debt to Cabot, and Cabot's letter at the same time stated the sale
date as being 26/3/15, i.e. before my CCA request, with their assignment confirmation
showing the legal owner being Marlin Europe V Ltd (part of the Cabot group)


My last payment on the account was 1/6/16 (a nominal £1). In August Cabot advised that,
"as we have not come to a mutual agreement to repay your account" they were passing
the account to Robinson Way to set up a sustainable repayment arrangement. Robinson's
last letter also advised that if I wished to raise a dispute in relation to the account, to contact
Cabot directly (which, of course I had already done). I hope this clarifies matters and look
forward to your further advices.

[charitynjw]

Re: CCA incorrect address

In order for your CCA request to be 'legal' it needs to be via the owner of the debt.
If Lloyds had already sold it to Marlin before your written request to Lloyds, imho you ought to send another one to Marlin.

[striker]

Re: CCA incorrect address

Thanks for this advice - which I assumeis a legal "technicality" as Marlin/Cabot are aware
that Lloyd's have sent reconstituted CCA docs. and will no doubt refer to this when I make
a CCA request to them - which I will do unless anyone advises me to the contrary.

[Diana M]

Re: CCA incorrect address

Marlin/Cabot are aware that Lloyd's have sent reconstituted CCA docs. and will no doubt refer to this when I make a CCA request to them

I think your CCA Request should be sent to Cabot.

I don't know how much you've already told them about the Lloyd's recon credit agreement but I definitely would not mention it again. If you tell them what was wrong then they can put it right with their version.

Di

[striker]

Re: CCA incorrect address

Thanks for your further comments. As Cabot were insisting the CCA docs. met requirements, I felt I had to advise them why I considered they were non-compliant, although I have not given them my address in 1988. Should they obtain this and produce the right documentation, then in the absence of a settlement agreement, I will doubtless have to resurrect monthly payments.


As you probably realise, I had been hoping that doubt over the legitimacy of the CCA documentation would encourage Cabot to agree my settlement proposals.


However I would still appreciate your advices should Cabot's docs. not show the correct address, yet they still insist the documentation is compliant and also whether the 1983 regulations that have been quoted, .are applicable here - I seem to recollect from some other posts that this may not be the case. Thanks.

[charitynjw]

Re: CCA incorrect address

Thanks for this advice - which I assumeis a legal "technicality" as Marlin/Cabot are aware
that Lloyd's have sent reconstituted CCA docs. and will no doubt refer to this when I make
a CCA request to them - which I will do unless anyone advises me to the contrary.

Also, it doesn't make a jot of difference whether anyone else has responded to a CCA request in the past.
If you send one to Marlin now, they are duty bound by statute to comply (Consumer Credit Act), or suffer the sanction of being barred from enforcing a claim unless/until they do fully comply.

[Diana M]

Re: CCA incorrect address

I would still appreciate your advices should Cabot's docs. not show the correct address, yet they still insist the documentation is compliant

Cross that bridge when you get to it

Debt purchasers don't always have access to all the information in the original creditors' files.

If you send a SAR to Lloyds you'll be one step ahead of Cabot.

Di

[striker]

Re: CCA incorrect address

Thanks again - I will now do research on what a SAR does - I'm sure it would be of interest to other readers as well as myself who may be ignorant if you could explain the purpose and effects of a SAR.

[charitynjw]

Re: CCA incorrect address

http://legalbeagles.info/forums/show...ur-information

[striker]

Re: CCA incorrect address

Thanks, though after reading through some threads, it seems most SAR requests relate to PPI matters, so am not exactly sure what my
request to Lloyd's - who have, of course sold the debt to Cabot/Marlin - could achieve.


Could the fact that I would need to show all my addresses applicable during the time they held the account, which would include my address at the time it was taken out and is the basis of my non-compliant CCA argument have any prejudicial effect? I assume any SAR letter to Lloyd's should be sent to their Data Subject Access Request Dept. which is based in Newport. If you have any further advice it would be very welcome.

[charitynjw]

Re: CCA incorrect address

Lloyds Bank Plc address per ICO Data Protection Register
https://ico.org.uk/ESDWebPages/Entry/Z5313128

Registration Number: Z5313128
Date Registered: 20 April 2001 Registration Expires: 19 April 2017
Data Controller: Lloyds Bank Plc
Address:

25 Gresham Street
London
EC2V 7HN

[Diana M]

Re: CCA incorrect address

As Cabot were insisting the CCA docs. met requirements, I felt I had to advise them why I considered they were non-compliant.

Have you actually sent Cabot a copy of the "CCA" which you received from Lloyds? If not then don't.

Have you already told Cabot about the address error so they might research the correct one?

The SAR response will be full of useful information which Cabot won't have. It's nothing to do with PPI unless you had PPI. Did you?

You're seeking answers to 'what if' questions which can't be given yet because they would be based on speculation not information.

No no one can predict whether Cabot will issue legal proceedings. But you can do your best at this stage to make sure you're equipped to deal with things if they do.

Di

[striker]

Re: CCA incorrect address

Hi Di


To clarify - I have not sent Cabot a copy of the "CCA". Lloyd's advised me when sending the documentation that it met their obligation under the act, thus making it enforceable - Cabot have merely reiterated Lloyd's comments. I don't know what other info. or documentation, if any, Lloyd's might have supplied to Cabot.


I have advised both Cabot and Lloyd's that I considered the "CCA" non-compliant due to the incorrect address - I wanted to negotiate a settlement and by advising my reason, I was hoping doubt over enforceability would assist my negotiating position. I have not given Cabot nor Lloyd's the correct address ( which is why I queried whether showing this on the SAR request could affect my case).


I am, of course, anxious to avoid legal proceedings and, as well as making the "CCA" request in my letter to Cabot, I will also repeat the settlement offer made to Robinson Way and thus give Cabot the chance to avoid having to provide the documentation by accepting my offer.