HFC (Marble Loans) cabot/restons - statute barred?

[renegadeimp]

Just send them the CCA request. THey have 12+2 days to comply. If they dont, then you dont pay them anything and they cant take court action either.

[dx100uk]

ring HFC and ask then.

[Sidewinder]

I usually do sign, but with my left hand and then I photograph it so that I would easily be able to prove fraud if that appeared later on an official document...

[dx100uk]

whats the debt all about please

 

 

dx

[dx100uk]

threads merged

better to keep to one thread

 

 

dx

[battyman]

Sorry for the confusion dx.

 

 

Its an old loan from HSBC from 2005,

 

 

the lady doesn't know if she has paid anything in that time but I would have thought HSBC would have defaulted it before 2010

as Cabot claim on the lady's Credit file.

 

 

Cabot bought the debt in September last year and she had various letters from Cabot and Marlin.

She didn't pay an agreed payment so they sent it to Restons in November.

 

 

They asked for a expenditure form which she completed and offered them an amount she could afford,

they refused that amount

 

 

the last letter she received was in December saying they were going to take her to court and obtain a charge on her house.

 

 

I have the CCA ready to send and have printed her name on the computer.

 

 

I do appreciate your help.

[Bazooka Boo]

A charge on her house for what amount exactly?

 

Pestons & their peurile I&E forms can be ignored, and if they have refused her offer of payment, in writing, then they won't get anywhere in a court.

 

I bet those letters they spit out don't say WILL anywhere, just full of IF'S & MAY??

 

She needs to do her homework and find out exactly when the last payment was that she made, it isn't hard in this day and age, especially if she has online banking.

 

Even if it was only defaulted in 2010, it will drop off sometime this year, I would hold onto that CCA for the time being, you don't want them thinking you're ruffled by them.

 

What is the date of default on her file?

[battyman]

It was defaulted in 2010 by Cabot but the loan is originally from HSBC.

She doesn't do computers that is why I am trying to help her but don't want to give the wrong info.

It should drop off in April 2016 but that is 4 months away and they could take it to court in the meantime.

 

 

It isn't easy to find out about past payments and contacts unless you do a SAR

but I don't know if that should go to HSBC or Cabot.

 

 

I think I will send an CCA as it might be too big a risk to gamble on them not taking court action. The debt is for just over £3000.

[dx100uk]

you never send an sar to a DCA.

 

 

you should know that you've been here long enough

 

 

get her to ring HSBC [unless it WAS an HFC loan - then ring HFC] and ask them ...simple

[Bazooka Boo]

A charging order on her property for that pittance won't happen.

 

A SAR always goes to the OC, as DCA's just have a name, number and address to harass, no info at all.

 

If this is only four months away form being time barred, then IMO I would let sleeping dogs lie, sending them anything at this stage, again IMO, is just stirring up a hornets nest, but then again, I'm not in that position so it can't be my decision, don't forget that all these missives are computer generated, and the only time they will know what stage of the process your account is, is when you contact them.

 

I honestly believe you're worrying about nothing, if they wanted the money, then HSBC would have acted before now, and certainly before the six years are up.

[battyman]

Thanks Bazooka Boo for your help. I have sent the CCA as that is what she insisted on, fingers crossed it wont cause too much trouble. It does get confusing at times, as some say send the cca and some say don't. I know its all different opinions and you have to make the final decision.

I have been on here a long time dx100uk but haven't done any cca's or SAR's for a very long time, and had forgotten which it should go to but thank you for your help, even if you are a bit grumpy, lol

[renegadeimp]

If a DCA is chasing you and they are legit going through a real LBA, then you send the CCA.