Resolvecall

Hi
I previously used the old site but only just found this one. I received a letter from Resolvecall acting on behalf of Cabot. They said to contact them within 7 days or a doorstep agent will call. I sent the most recent letter 1 from the old site. Should I also send Cabot a letter 1. I had previously started the 3 letter process with them but cant remember if I finished it.

The above is a supposed credit card.

On an unrelated note I recently checked my credit file and an account is showing that payments stopped in the second half of 2012 but a default was not registered until 2017. How should this be tackled?

First thing is to stop the doorstep visit. Also you are under no obligation to answer the door.

Send this.
https://goodf.forumotion.com/t264-removal-of-implied-right-of-access

Ukmets wrote:The above is a supposed credit card.

On an unrelated note I recently checked my credit file and an account is showing that payments stopped in the second half of 2012 but a default was not registered until 2017. How should this be tackled?

Difficult one, you can complain that only the original creditor can lodge a default in your credit file, with a DCA taking over the original default BUT in making at complaint it may be seen that you're actually acknowledging the debt as being yours, which in effect resets the clock on the debt potentially being statute barred some time towards the end of 2018.

Tiggy wrote:

Ukmets wrote:The above is a supposed credit card.

On an unrelated note I recently checked my credit file and an account is showing that payments stopped in the second half of 2012 but a default was not registered until 2017. How should this be tackled?

Difficult one, you can complain that only the original creditor can lodge a default in your credit file, with a DCA taking over the original default BUT in making at complaint it may be seen that you're actually acknowledging the debt as being yours, which in effect resets the clock on the debt potentially being statute barred some time towards the end of 2018.

It is still with the original creditor, I had planned on waiting til I was sure it should be statute barred. That will be 6 years from the last letter or payment and not what should have been the default, wont it.

It's either the date they issued the formal default notice OR if the default notice was issued and you made either a payment or in some way acknowledged the debt afterwards, it's from then..

I had a reply to letter one basically saying what I sent was misinformation from the internet. Saying they dont need to provide anything but then saying if I send £1 they can request a CCA. Follow up with letter 2?

Ukmets wrote:I had a reply to letter one basically saying what I sent was misinformation from the internet. Saying they dont need to provide anything but then saying if I send £1 they can request a CCA. Follow up with letter 2?

either that or you send a formal request for a copy of the agreement - what's it for Credit card /loan? - along with the £1 fee

Credit card i think or loan if not. Should I pay with a postal order rather than personal cheque

Ukmets wrote:Credit card i think or loan if not. Should I pay with a postal order rather than personal cheque

You need to know what the original debt is for, credit cards and loans are covered by different sections of the Consumer Credit Act.

Sorry it is a credit card

Is there any chance the CCA gets used as acknowleding the debt have heard of dcas also using the £1 to go towards the debt.

Ukmets wrote:Is there any chance the CCA gets used as acknowleding the debt have heard of dcas also using the £1 to go towards the debt.

See the section of the letter I've highlighted.


Request under s.77 Consumer Credit Act 1974

Dear Sirs
Re: Account / Reference Number: xxxxx / xxxxx

With reference to the above agreement, I require that you provide me a true copy of the credit agreement.

I am aware that section 77(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 77(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.

I am entitled to receive the information on request. I enclose a payment of £1.00 per account, which represents the fees payable under the Consumer Credit Act 1974. This request is a statutory request and should not be construed as any acknowledgment or payment towards any account.

I understand that Consumer Credit (Prescribed periods for Giving Information) Regulations 1983 (SI 1983/1569) at Regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.

In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignees of an account are the creditor and must comply with statutory duties.

In accordance with the new FCA guidance, if the copy of the executed agreement is reconstituted, then I expect you to confirm this is the case and to confirm what steps were taken to provide this reconstitution as set out in the FCA handbook CONC 13.1.4 (2).

I look forward to hearing from you
Yours faithfully

Thanks i shall encolse it with letter two