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Robbo3577

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Everything posted by Robbo3577

  1. Robbo3577
    I have a separate file box with sections for each of the creditors, CCA requests, DCA and or OC replies. SAR is broken down into each type of account - and I will make notes on the crapbot file to refer to SAR request for proof. I guess I just wait to see if crapbot do try to issue any threats in time to come and be ready with my proof tks again guys - especially like DX confidence
  2. Robbo3577
    I was re-reading my correspondence over the weekend and have a further question around DCA reconstituting CCA. the original response from cabot in response to my CCA request, clearly informs me that they do not have this information on file and they have to request copy of credit agreement, statement of account and original and varied T&C from original lender. as mentioned above - the SAR I have from Barclays clearly states they had a request from DCA (6th Nov 17) which they advised unable to comply as no information on file as an old account. surely due to the above, if they reconstitute an agreement, that would not be in compliance on the basis that they have no idea what the original agreement contained ?? and that would be defence enough if they went for CCJ reply from cabot was on he 18th Oct last year and heard nothing since from them.
  3. Robbo3577
    thanks Andy - guess my celebrations are now on hold
  4. Robbo3577
    Loan was agreed post Apr, am I correct in saying that Barclays are not allowed to send my personal correspondence to Crapbot, ie a copy of the initial offer letter, without the details stated in the offer letter and no agreement, I do not see how anyone can reconstitute an agreement without knowing the exact amount, interest rate or agreed terms for payment. is it worth sending a letter to Crapbot advising they have not complied fully with my CCA and I now consider this debt unenforceable and closed ?
  5. Robbo3577
    by accurate - I assume they need the exact date it was taken out, the interest rate applied at the time and the actual type of loan, I will need to re read the offer letters when I get home, but have noticed a couple of strange things, ie, interest and the type of loan. will revert tomorrow thanks again
  6. Robbo3577
    Andyorch - I will post exact details of loan date tomorrow (at work ATM) Maybe I misunderstood but thought that under the pre action protocol reconstituted version was no longer allowed, section 2 - 3.1 - a - iv - where the debt arises from a written agreement, the date of the agreement, the parties to it and the fact that a copy of the written agreement can be requested from the creditor. if DCA does not have copy of the agreement, how can they prove one even existed or what date it was taken out. am now worried crapbot may be planning something as also on the notepage that I have -0711/17 (one day after requesting agreement) there is a note saying - debt sale - mail recd from colleague stating please confirm total amount paid to you by the customer, replied total amount paid by the customer was £***.** I guess my celebration is on hold for a bit
  7. Robbo3577
    OK guys - I think I have some great news, do not wish to celebrate until you people can confirm. I have finally received my paperwork from Barclays re SAR - hundreds of pages and NOT a single agreement anywhere - re this loan - I only have the INITIAL offer letter, now the exciting bit. due to being at work I am unable to post a copy of the account notes and account changes (1page), however, it shows new status of 'Debt Sale Account' where old status was Agency write off - I presume that is when they sold it to Crapbot, it looks like it has gone through various stages DCA Case Closure, D.C.A. Write Off Prime on the account notes - I see an entry from 06/11/17 - it reads as follows: debt sale customer requesting for agreement - due to age of account, unable to provide the details I presume this is crapbot asking for copy of agreement in response to my CCA to them, they have already told me they do not have it and will reach out to OC. I now believe - this debt is totally UNENFORCEABLE please confirm my next actions 1. file all paperwork and wait 6 years for SB 2. ignore future correspondence from Crapbot 3. make donation for all the help and advice you have provided 4. have a drink to celebrate
  8. Robbo3577
    tks dx
  9. Robbo3577
    Am sure this is just Cabot willy waving - but posting just in case I need to do anything. Cabot have sent me a letter advising that this debt was being managed by an agent of theirs (Westcot) and Cabot have decided to have it returned to them so they can work with me directly on a payment plan. I still have no reply to my original CCA request to Cabot. shall I just file letter and ignore or do I need to advise Cabot they have not complied to my CCA ??
  10. Robbo3577
    Have been in contact with Barclays as still do not have all the paperwork, have given them some space as they send me details of person who signed for package, although never heard of the person, last week they agreed to resend. On the Cabot front - have heard nothing at all since the letter advising they have requested from OC, this is from last October now so assuming Barclays has not sent them anything.
  11. Robbo3577
    I had a good look around and could only find the lba letter, not sure I am ready to go down that route at this time, can anyone advise who in Barclays I can call first - tks I just popped into the Barclay branch next to Churchill Place - guy did not have a number but emailed the relevant department with my details etc and now await a response, guy was helpful and advised me to wait 2 days and then go back to see him if nothing received
  12. Robbo3577
    tks DX - will do this tomorrow
  13. Robbo3577
    Still nothing from Cabot and well past the 40 day period, guess I just ignore now, although they did say they would write again in the unlikely event they were unable to get said documents. Also - nothing at all heard from Barclay re the SAR - I have proof of receipt from Barclays dated 26th Oct - DO I now chase Barclays as they are over 40 days ?
  14. Robbo3577
    just a typo - see post #13 where it is spelled correctly lol
  15. Robbo3577
    CCA reply from Cabot - they do not hold records on file but have requested them, acknowledge 12 day limit but need 40 blah blah blah - am sure this is 2005/6 so hoping they don't get em.
  16. Robbo3577
    dx - tks - I was aware of that was really wondering if Cabot can start court action without CCA - I would like to see my SAR details before any court action so I know where I stand and build defense am concerned they might just go straight to court as a scare tactic (not that it would scare me, I have you guys in my corner)
  17. Robbo3577
    still no reply from Cabot with CCA or Barclays in response to SAR I am guessing that Cabot cannot go to court without CCA - found the pre-action protocol by the Master of the Rolls - section 3.1 para a iv BUT not sure if v overrides iv as guess this debt has been assigned now trying to get all info possible for defence, in case they go to court - have read loads about others stories and taken notes - you guys are great - thanks
  18. Robbo3577
    Just had a call from Robinson Way re the Barclaycard asking me to setup a payment plan, told him this is currently unenforceable and I do not intend to do anything else, thank you for the call GOODBYE, am guess they will now write to me
  19. Robbo3577
    finally received the 'other' letter that Lowell were referring to, it states that due to being unable to produce CCA - they are no longer pursuing this debt.
  20. Robbo3577
    SAR to OC - Barclays Bank
  21. Robbo3577
    hope so - ppi etc Sar will go in post today - watch this space
  22. Robbo3577
    cannot remember exactly - its possible it was during the 90's or may have been one I took out during my divorce time - if that is the case maybe 2005/2006
  23. Robbo3577
    Barclaycard response below: I will only post the important bits We refer to your request for documentation under Section 78 of CCA 1974, we need to advise you that , regrettably, we are currently unable to fulfill your request. As such, we are not currently able to enforce our agreement with you and the agreement will remain unenforceable until such time as we are able to fulfill your request. what this means for you whilst discussions continue, we know that we're not able to enforce our agreement with you, but our rights continue to exist under the agreement. your balance is £3,731 and you will need to continue payments, blah blah blah. it is important to note that, where debt has accrued on your account, we will, where required, report to credit ref agencies, demand payment blah blah blah. they acknowledge delay in responding and accept that they are therefore prevented from enforcing our agreement they di however very kindly enclose a copy of short form cancellation and historic terms and conditions - why would I want those, lol next action - IGNORE and see this as a winner ??
  24. Robbo3577
    thanks guys - will get SAR done today to be honest I cannot remember all the facts, as was going through a messy divorce at the time. this is what I can recall I had a repayment woolwich mortgage which allowed me to take a drawdown against it - during divorce the very kind judge awarded the debt from the drawdown account to me, it should have been paid off, once the house was sold - buts that's another story. I took a Barclay loan to consolidate this debt and money for court costs etc etc, hence the size of loan, I was not being totally reckless, iirc it was a standard loan - taken out approx. 2007 - unfortunately due to many moves in rental properties I mislaid documents have started SAR and read the notes - what is a CTAX bill - can I use any other documents to prove who I am as have moved several times since the loan was taken out, however I do believe Barclay now have my current address as recently there was an overpayment on another account, I had to visit a Barclay branch to prove my new address so they could refund me £65, when speaking to Barclays recovery, they have all accounts now listed to my current address, including this one as I asked them about it - Barclay recovery are the ones that told me they sold this debt to Cabot in 2010.
  25. Robbo3577
    last payment - last month via my DMP which is now cancelled, I think payment was due end of last week as cabot text me to say payment was due, guess I just have to play the waiting game to see if barclays come up with the paperwork and pass to cabot, fingers and toes crossed that Barclays do not produce it

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