Cabot re: old 1st Direct - HSBC CC debt

[Mum2Four]

Hi

 

I have recently received a copy of my CCA for an old HSBC CC debt.

This was apparently bought by Marlin in 2014 and I had previously (before it was sold to Marlin!) asked for a copy of CCA so it was in dispute.

 

All had gone quiet until February this year.

This is all complicated by the fact that in 2008 I was advised by Payplan to offer token payments to everyone. 

I paid these by standing order and had actually forgotten about them.

These continued until 2018  - I know!

So it's not SB and wont be for a while Hindsight is a wonderful thing. 

 

Cabot (claiming to be acting for Marlin - same company!) have appeared again with several letters so far and have recently involved their legal arm (Mortimer Clarke solicitors).

 

After sending them a CCA last Friday,  as they were once again threatening legal action,

today I was sent a copy of a CCA,

the print was dated February 20 interestingly. 

The time they decided to contact me again.

 

I am prepared to go to court over this if necessary.

I can only pay what I can afford.

 

As I owe a lot to other companies, some of who may have given up

- I've only had a pre court letter earlier this year from MBNA who I asked for a copy of the CCA and heard nothing since,

I really don't know where I stand with repaying any debts.

 

I don't know what I owe or to who anymore.

I have limited funds at the end of each month despite working full time.

I had a small payout for PPI which I was considering putting towards the debts but was advised not to!

Now as a lot of them have gone quiet again (for now) I don't want to get in touch with them.

 

With the CCA which all looks as it should.

They  (Mortimer Clarke) have enclosed an income and expenditure form which they have asked me to complete in 14 days.

The total amount is £3 k.

What should I do now?

 

I wonder why this has only just appeared after all this time.

I can't give them £3k as I don't have it.

If I did have it, then that wouldn't be fair to the other people I owe money to.

 

I am tempted to just ignore it and wait for them to take me to court

 

I've just looked again at the CCA and it looks like whoever has photocopied it has stuck a 'post-it' note over the credit limit and repayment details, so obscuring a lot of the wording on the form.

 

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/141937-stressed-by-huge-debt/page/2/#comments

 

i will guess this is actually your old !st direct Credit Card??

 

what did you last pay anyone anything on the debt prior to this?

 

scan up the CCA return to ONE multipage PDF please

read upload carefully please..

and no- you should not be paying anyone anything on any debt by now.

as long as they have your correct & current address to protect against backdoor CCJ's

 

dx

 

[Mum2Four]

Thanks dx yes it is the FD cc.

 

The last payment I made was in June 2018.

 

I have scanned the 'agreement' which looks an awful lot like an application form - this is exactly how I was sent it but with all personal details erased.

 

It also had a statement of payments (of £1 per month since January 2009, which I've not scanned as it's just pages of £1 payments.

 

I only ever paid the £1 to first direct and never changed the payment details, despite regular requests to change it - they clearly got them all anyway.

 

They all have my correct address now.

 

 

FD_agreement.pdf

[dx100uk]

is that your sig in the two boxes and your correct address for time of takeout?

 

that would have been a sign and return form as it was a postal application for the card

and that was what was sent back for you to sign and return again, keeping a copy yourself.

 

dx

 

 

 

[Mum2Four]

Yes my signature and the correct address at the time, part of it anyway - the rest was hidden under the sticky note I'm guessing.

 

Ok so it is a copy of the CCA?

[dx100uk]

do you remember returning that to 1st direct.?

but you are correct it is an application form.

 

i'd say thats boardline with having everything it should like prescribed terms.

esp the T&C's , where the rest of the T&C pages ??

and ofcourse they have to have your name and address on pages 1 and be the ones sent to you.

 

methinks cabot have been raiding their filing cabinet for those..

[Mum2Four]

I can’t remember - it was 2006, I have trouble remembering what I did last week 

 

that was all they sent, the T&Cs page they sent didn’t look like it was part of the original document. I also had a current account with them and loans that were repaid before I got in to financial difficulties. 
 

the current account was joint with my husband - we had an overdraft which wasn’t t repaid. Cabot have this too and frequently get confused and mix up the two amounts in letters. The amount varies drastically- they seem to have forgotten it was a joint account as well.

 

I sent a ‘I do not acknowledge this account’ letter to them (Cabot) initially, not a CCA, regarding the CC a few weeks ago following a letter from them threatening legal action and they sent me a letter regarding the current account! Totally different amount and account number! Lots of reference to dates I didn’t recognise and no paperwork to back it up?!

 

i don’t trust them.

 

Do I just ignore this and wait to see what their next move will be? 

Sorry for taking up your time, thank you for looking at it all.

[dx100uk]

Surprised hsbc didnt merge them all into a managed loan and dump that as a massive OD balance.

 

Safe to ignore anything bar a letter of claim...

 

I'd also not bother with silly letters bar CCA request s

 

Things have moved on in the years we've been here

 

[Mum2Four]

That’s very helpful thank you. I’ll see what the next few weeks bring...