advice re cabot and tsb loan

[amphiprion]

Hi, I hope someone may be able to advise me here, its going to be long winded so please be bear with me.

 

I got a divorce in 2007 but child contact issues continued through the courts until mid 2009.

 

I had run up a substantial overdraft with the bank and needed to pay my ex and some legal fees,

 

 

I took out a personal loan for around £10, 000 From the same bank. In may 2009

 

It was quite tight but I made payments without a problem until december 2009

when the csa announced they had made a mistake with a prevoius child maintenance assesment

and I had only been paying half of what I should have!

 

 

They put an attachment of earnings order on me and raised my payments from £127 per month to £388 per month.

To catch up on arrears and keep inline with the new payments.

 

The result was I had more money going out than I had coming in, and I was unable to keep up the loan payments

and lost control of my bank account with charges etc.

 

I managed to make the december 2009 payment, but on 10th feb 2010

I rang the bank as I had not made the january payment and wanted to try and come to some agreement with them.

 

I spent nearly 2 hours on the phone and every department I spoke to said the loan was not their responsibility

and they would just pass me on to another department who told me the same, and so on!

I eventually hung up and figured I would now wait for the correct department to contact me.

 

I became ill with mental health issues, and received a default letter in early may 2010, which I ignored.

And as far as I can remember I never heard from them again!

 

Capquest took me to court in 2013 for the over draft but I defended it on non production of a cca request

and surprisingly it was stayed and capquest later closed the case. As they could not obtain any documents

 

On 25 nov 2015 I got a letter from cabbots stating they have now bought the debt. Then on 26 nov I got another identical one just the date was different. I think they may have tried to call me a few times but It always rings off when I get to it!

 

Can anyone advise me please on what to expect from these people,

ie how long before they apply to the court etc.

And perhaps a strategy for how to deal with it.

 

Because of my mental health problems ive been told to use cab for advice but their appointements are currently running at 2 to 3 weeks.

 

I was retired last year due to mental illness

 

I now live on a small ill health pension and esa payments in the support category

 

Thanks in advance.

Edited December 8, 2015 by amphiprion

[fletch70]

Hi

I assume that so far all you have been told is that they have bought the account.

When was the account defaulted and when did you last pay anything towards it or acknowledge it.

 

Have you ever sent a cca request for the loan?

[amphiprion]

Hi thanks for your response.

Last payment was january 2010

Last time I acknowledged the debt was on the phone on 10th february 2010.

Though I doubt anyone made a record of it.They just didnt want to know!

 

Got the default in may 2010.

 

Not sent a cca request yet as I dont want to draw attention to myself at this stage.

[fletch70]

I see your dilemma .

 

Sometime between Feb and May 2016 the account becomes SB.

 

It's your decision but should a letter of claim or letter before action land on your doorstep then definitely send one off.

 

I guess there are ways of delaying such as prove it letters etc but I'm not going to say what you should do because I don't know.

[amphiprion]

Ok well thanks anyway!

 

Was hoping someone may have an idea as to timescales etc for them to escalate things though I suppose each case is different.

 

 

Will repost as soon as there are any developments.

 

 

I figure my details are on an automated carousel with them at the moment and the longer I stay on it Im sort of hiding in plain sight!

 

Hopefully someone may come along who has prior experience with them.

[fletch70]

I got rid of capquest with cca requests and arguments not to mention the fact I don't work so have minimal income. My debts were all pre 2007 and non are close to being SB

[amphiprion]

Well thats part of my dilema really, mine is post 2007,

and it would seem the changes in the law pretty much just allows them to make a cca up without any real proof.

 

 

Ive always been a stand up sort of guy, but the last few years have taught me to stop being a sheep and to fight everything!

[Queens_king]

I got rid of capquest with cca requests and arguments not to mention the fact I don't work so have minimal income. My debts were all pre 2007 and non are close to being SB

 

A county court judge 'stayed' the case as no CCA?

 

I am querying this as overdrafts do not have a CCA as far as I am aware

[amphiprion]

You are right but they obviously didnt actually know what the debt was for and so ran down the wrong garden path with it!