Lloyds TSB sell debt

[steve1234567]

Had a letter, 17/10/12, from Cabot saying they have bought my debt I have from Lloyds (26k). I signed up for the loan on 19/10/07 (are the dates significant?) and pay £10 per month (agreed with Lloyds) after losing my job 4 years ago.

 

Am I now at the mercy of Cabot?

Is it worth sending a CCA? or just start paying them the £10?

[sequenci]

Hello there.

 

As your loan was taken out after the 6th April '07 the changes to the consumer credit act would allow for a court to grant leave to enforce the debt even if the paperwork was lacking some key terms or your signature. I guess there is no harm in sending a CCA request, but if you're looking to try and challenge the grounds of unenforceability you may find it an uphill struggle.

 

Best wishes,

 

Seq.

[steve1234567]

Thanks. The only copy of the agreement I have is a fax that has been photocopied... is this acceptable in court or would they need the original?

[BRIGADIER2JCS]

You need to make a formal CCA request using the template from the CAG Library there is £1 statutory fee Cabot have 12+2 days t comply.

[steve1234567]

Thanks, that's done.I asked about what the judge would accept as proof because my friend, who's not an expert, reckons a photocopy/fax is not a true copy.... at least that's what he hopes if it comes to court for him.Any thoughts?

[BRIGADIER2JCS]

A ''true'' copy is one taken from an original document by means of facimile reproduction and or photocopying.

As long as the documents is complete in every respect compared to the original it may consist of more pages

than the original if they are sequential.

 

ie will be acceptable.

[steve1234567]

Have received the 'proof'.... shall i engage with Cabot?

[BRIGADIER2JCS]

Care to share before going ahead?

[steve1234567]

Lloyds sent a copy of a fax to my wife of the contract we signed... cabot have sent a reminder that she has missed her first payment last month. She refuses direct debit (her wages are paid at odd times) and i don't have an income. Not sure why they are sending letters only to her and not us both, or just me as before.

[BRIGADIER2JCS]

Typical Lloyds clueless!!!!

[steve1234567]

Yes, me too!

[steve1234567]

Any advice on what to do next? We're broke and struggling (like many) and not sure how to deal with Cabot.

[steve1234567]

Am i done with this? no advice?

[BRIGADIER2JCS]

Is this agreement complete? Can you post a suitably redacted copy for us to see please?

[steve1234567]

Will send copy asap. Had letter from Cabot in response to to CCA (sent 25 sept) saying they are dealing with request. Will send a 12+2+30 day default letter today.

[steve1234567]

Document attached...

[steve1234567]

Here's the response from the dca to the 12+2+30 letter

[BRIGADIER2JCS]

Document attached...

 

Were all the required parts completed Steve?

[steve1234567]

Having sent Cabot an account in disputed letter and 12+2+30 day letter they have sent 'proof' of the debt - a reconstituted true copy of my credit agreement. It is barely legible... is this acceptable proof?

[Conniff]

If it's not legible then it is not acceptable as stated in the regulations.

[dx100uk]

sev threads on same debt merged

 

please ALWAYS keep to the existing thread

if you have a new issue with any of your running debts.

 

they each now have their own SINGLE thread

rather than many threads on each Lloyds debt.

 

dx

[steve1234567]

Is there a set letter I can use?

[BRIGADIER2JCS]

Is there a set letter I can use?

Hello Steve,

Send the following to Cabot addressed to the Compliance Manager.

 

Ref: use theirs.

 

Sir/Madam,

 

I refer to my recent request made under sections 77/78 of CCA 1974 and the documents Cabot has provided purporting to be a ''reconstituted copy'' of the alleged original agreement, as I am sure Cabot are aware even a reconstituted agreement must be ''easily legible'' the document I have received is illegible and is therefore rejected and this account is now formally in dispute until such time as a compliant copy of an agreement is supplied.

 

This communication is NOT an admission of any liability to Cabot.

 

Send by RM recorded/signed for post.

[steve1234567]

Hi, I have had a reply in which they say the reconstituted version is clear and acceptable. Naturally I disagree... Is there a response letter I can send?

[BRIGADIER2JCS]

The Compliance Manager

Crapbot.

 

 

Ref: use theirs.

 

Sir Madam,

 

I refer to the letter from Crapbot dated xx xx xxxx, in regard to the NON COMPLIANT 'reconstituted' agreement, this matter remains formally in dispute as the document is NOT CLEARLY LEGIBLE THROUGH OUT, your claim is therefore rejected as such a document MUST be easily readable.