Cabot Financial chasing payment for £7800 MBNA Card debt

[Reformation]

Hi guys,

 

Can anyone please give me some advice please. 

I have had Cabot Financial chasing for £7800 worth of alleged debt. 

The default was recorded on my credit file some time in 2014, so it will drop off some time in 2020.

 

My concern is that Cabot (whom i've been ignoring having sent them numerous letters as advised on here) will wait until 2020 and then try to register a CCJ against me. 

Resulting in ANOTHER 6 years of terrible credit. 

 

Can they do this, is it likely, anyone got experience of this?!

[London1971]

Have you sent them a CCA request?

No CCA = No pay

[Reformation]

Oh yes absolutely, i have not paid them a penny.  They have been chasing me for years and ive CCA'd them and they have provided nothing.  My concern is that out of spite in 12 months they will apply for a CCJ and give me headache and attempt to give me ANOTHER 6 years of bad credit.

 

Thats what i was asking.  Do you have any experience of this and are they likely to do that?

Edited March 8, 2019 by Reformation

[London1971]

Nope just leave it,

The debt is unenforceable.  If they are stupid enough to try and go for a CCJ, then you have a defence. As long as they have your current address, so they can't get a back door CCJ, no need to do anything until if and when a Pre action letter arrives.

[Reformation]

Ok great thank you!

[London1971]

Who was the original debt with?

Have you tried to SAR the Original Creditors?

You can then find out if there are any illegal fees of PPI to reclaim from the OC

[Reformation]

It was with MBNA.  Do you know where there are templates for the CCA request as i'll send them another one for a laugh

[London1971]

No do not send another CCA request to Cabot.  

You need to send an SAR Subject Access Request to MBNA, it's free under GDPR now. There are lots of Templates if you Google.

Remember Cabot only buy debts that are seriously flawed in terms of enforceability, it will be loaded with late fees, PPI etc.

[AndyOrch]

6 minutes ago, Reformation said:

It was with MBNA.  Do you know where there are templates for the CCA request as i'll send them another one for a laugh

Have you looked in the CAG Library ?

https://www.consumeractiongroup.co.uk/forum/298-debt-collection/

[Reformation]

9 minutes ago, Andyorch said:

Have you looked in the CAG Library ?

https://www.consumeractiongroup.co.uk/forum/298-debt-collection/

Thank you!

[Reformation]

7 minutes ago, London1971 said:

No do not send another CCA request to Cabot.  

You need to send an SAR Subject Access Request to MBNA, it's free under GDPR now. There are lots of Templates if you Google.

Remember Cabot only buy debts that are seriously flawed in terms of enforceability, it will be loaded with late fees, PPI etc.

Thank you i'll look at the SAR.  Is that just to harass them and make them run around for info, or is there an endgame plan with it in terms of the point of sending them a SAR?

[London1971]

From the SAR you can find out

1. When exactly your last payment was to MBNA.  It's 6 years from that point when it becomes statute barred

2. What fees were charged to the account, (possibly illegal and reclaimable)

3. If you had PPI ( definitely reclaimable)

[Homer67]

1 hour ago, London1971 said:

From the SAR you can find out

1. When exactly your last payment was to MBNA.  It's 6 years from that point when it becomes statute barred

 

I thought the statute barred date was from the date the debt defaulted rather than the last payment?

For example you pay March payment but pay nothing else going forward, the statute barred date is 6 years from the date of the failed April payment?

Edited March 8, 2019 by Homer67

[AndyOrch]

Apparently neither...in a recent court case a judge ruled that limitations start from the service of a valid default notice section 87 (1) ...so in effect giving creditors the power to determine when the statute of limitations starts.

As we all know most creditors issue default notices when they feel like it..some as they assign a debt....some never.The Statute of limitations states that period of 6 years starts from when the cause of action accrues not from when a default notice is issued.

Accrues definition =

result, arise, follow, ensue, emanate, stem, spring, flow;

Cause of Action legal meaning =

Matter for which an action may be brought. The ground on which an action may be sustained. The right to bring a suit.

The general rule in contract is that the cause of action accrues when the breach occurs, not when the damage is suffered. In tort, the cause of action accrues when the damage is first sustained. The cause of action, whether in tort or contract, arises regardless of whether or not the Claimant could have known about the damage

The Limitation Act 1980 states....

5. Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Section 87(1) of the CCA1974 states...

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum, or

(c)to recover possession of any goods or land, or

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

 

So make of that what you wish and how to interpret it...but the above court case is one judges interpretation which I suppose is acceptable in a perfect world and all creditors issued the default notice precisely 3 months after the breach

Andy

 

 

[Reformation]

So Cabot have replied saying they dont have the relevant information on file.  They will be requesting a copy  of the credit agreement and terms and conditions from the original lender. When they come back and provide a copy of the credit agreement (assuming they do), what do i do after that?  Do i say it's not the original?  

 

Basically if you can talk me through the process or point me to a thread with the entire process outlined i'd be very grateful.

 

Thank you in advance.  I did try searching before posting, but i couldn't find anything.  

[London1971]

Highly likely they will never come back with an agreement. if they do bring it back to this thread because often they aren't worth the paper they are written on.  

 

All you need to do until then is nothing, just ignore them, and under no circumstances speak to them on the phone or pay them anything.  There s nothing they can do to you.

[Reformation]

Ok thank you!

[dx100uk]

topic title updated  for clarity

and moved to the MBNA forum