Cabot - Old 14 year Lloyds debt - Please help

Deleted

Before you go any further, it is essential that you read the following link to the recently REVISED GOODF Process and Templates. It will ensure you fully understand the latest approach and what is involved, and will therefore increase your chances of success including avoiding the courts. Simple copying and pasting of templates is extremely unlikely to work. It's all very clear and easy to follow and there is no significant difference to the original process, except we now have a NoCA as a fourth letter.

But the key, and as the process states up front, is to make sure you actually understand why we ask for the documents we ask for via our letters.

And most importantly: properly understanding and following the GOODF process also helps us to help you!

Link: https://goodf.forumotion.com/t4129-please-read-this-first

Thank you

Deleted

Personally I would change my telephone numbers.

Then you must always deal with the matter in writing so that you can keep proof of postage in relation to your letters etc too.

Never too late to start the GOODF process so long as they are yet to start court proceedings.

Who is currently ‘chasing’ you? Is it one debt purchaser? What’s the name of the debt purchaser?

Also you say you had an overdraft, loan and credit card with Lloyds. That’s it? And in relation to the debt purchaser chasing you, are they chasing one big lump sum? Or a loan and credit card and overdraft being chased separately?

Deleted

Deleted

Right, enough with the long messages, we don't need to know every single detail and all of your concerns (with respect of course, appreciate it's a tough time for you). I'm afraid that all that is doing is making it very difficult and time consuming for me to help you, and there will be a point when I will have to say enough is enough, I'm sorry (I do have a family and a full time working life too, and they must come first)

So if you agree with that, let's move on and please ensure you only do exactly what we advise (if you wish, the choice is still yours of course...) and do not deviate from the advice IF you choose to take it.

What has happened up until now does not matter. I repeat: it's not to late to start the The GOODF Letters and templates process and many people do even after paying £1 a month in relation to DMPs (Debt Management Plans).

Right, here goes...

1) No more SMS or emails PERIOD. Only deal with this matter in writing from now on and keep proof of posting, as explained in our The GOODF Letters and templates process section. I'm afraid you're just going to have to supply an address otherwise you can forget the The GOODF Letters and templates process.

2) No more £1 or any such contributions to the DMP!

3) Buy a ring binder with dividers, one per type of debt (loan, credit card, overdraft) - you'll need one to keep all the correspondence in chronological order...

4) Now follow our The GOODF Letters and templates process section, starting with the following link:
https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers

a) Send letter 1 template to Cabot for the LOAN only.
b) Send letter 1 template to Cabot for the CREDIT CARD only.
c) Send letter 1 template to Cabot for the OVERDRAFT only.
(Send them all in the same envelope if you wish / keep proof of posting)

Whatever Cabot come back with, IGNORE it.

5) As per the GOODF Templates and Process section - carry on with the instructions in due course.

So if, down the line, Cabot SELL on, you repeat the above i.e. the letters for Debt Purchasers. If down the line, Cabot get a DCA to collect on their behalf (e.g. Moorcroft etc) then you use the template letters for DCAs.

Simple (IF you follow the above advice and that in the GOODF Templates and Process section).

Also in the meantime and as Daveiron said. Get a Subject Access Request (SAR) - IN WRITING - over to Lloyds.

Good luck.

Firstly if you want to be rid of these ,you need to start with ;
Stop acknowledging these debts ,from now on they are alleged debts.
They are trying it on because they think you are an easy touch.
If you dont want them to have your address, get mail sent c/o a relatives address
and inform them that they are not to contact you by any other means than
Royal Mail, from now on only contact them vis RM.
Personally I would send a SAR to the original creditor, also one to whoever
is chasing you ,they are holding your data so lets see what they have.

Thanks Davierion, to the point and gives me a plan

Np Mrblue, replies will be shorter duly noted. Thanks again for your help

Just to add, Do not even hint to them about a settlement. once they get
an addmission of your liability ,they will no doubt go after the full amount.
You must remember these are just parasitic scum ,they do not care about
you ,they only want your money.

Agreed with Daveiron, and this is of course covered in the GOODF Letters and Templates Process which you (mav777) said you'd read:

"...NEVER acknowledge that an alleged debt exists..."

(But can be extended to also refer to potential settlement offers...)

In essence: NEVER engage in any exchange with a debt purchaser or DCA that relates to ANYTHING OTHER than asking them to substantiate their claim to an alleged debt - and that’s it. Nothing else needs to be discussed hence why I said earlier “ignore whatever they send you”.

The ONLY time you need to take things seriously is if they ever engage a solicitor and even then ONLY if they tell you they are about to commence court proceedings.

But that may never happen or could be a very long way off. And even then, it’s not game over

When did you stop paying, or are you still doing so? Statute bar clock only starts after you stop paying, so unfortunately the mere fact of the debt being 14 years old doesn't necessarily help.

1. Technically "im" not paying the debt it is from a family members bank account they pay and nothing was signed and agreed to. I did this as i believed they would go away knowing i couldnt clear the debts and only paid £1 pm.

2. The "alleged" debts are paid to BLS and Moorcroft for years not Cabot. When Cabot called me this was the argument they said debts need to be paid to them, I did not change this.

3. With regards to a F and F, I did contact Cabot via email in a without prejudice letter and explained that I maybe able to come up with a small % if family helps, I also said that I didnt acknowledge the debt but was offering this as a goodwill gesture.

Q. Can unsigned emails be used in court? Also when I replied to the follow up email in the same thread regarding the f and f I didnt write without prejudice on the top is this an issue?, at this point Cabot were requesting a financial statement and doctors evidence.

I cant remember exactly but I may have offered the original creditors a F and F years ago and they turned it down, this again would have normally been done in a without prejudice format, although they acknowledged and replied in a open format

Q2. would this be admissable in court?.

They are aware that my mental health and health is not great and has suffered along with other family traumas.

Q3. Why havent they taken me to court for so long, is it because they are getting the £1 pm, would this not allow them as its all I could afford? if thats the case i lm happy to pay them that for the next 10 years....

Thanks guys, I know its long Mrblue but need to explain properly

Whilst i dont think it will make any difference regarding the statute barred
issue. You can use the argument that your family member who made the
payments did so without your knowledge and only did so to avoid you
undue stress due to your mental health issues of which they were made
aware of . You could use a similar arguement regarding your previous offers
to them ( their letters were causing you extreem anxiety).
In the mean time use the 3 letters and also send them a Subject Access
Request for ALL your data they hold,and lets see what they have.

Q and Q.2,  If I read you correctly your actual F&F offers were made on a without prejudice basis, so I don't think that follow up emails discussing it would matter too much.  However you should certainly object to them.  After all let's say you made a without prejudice offer, it wouldn't be reasonable for this to become admissible simply by them replying to it.

No more emails!

(or calls, SMS etc. ONLY use written/typed letters)