Cabot still chasing debt thrown out of court in 2018

[Mrs sparkle]

In 2018 I successfully had a debt ( that was for a credit card taken out by my ex husband before he died) thrown out of court when Cabot wouldn’t stop chasing it after trying to prove that the card was never mine! Just in my name!
in the last 2 weeks Cabot have contacted me by phone and text and today by letter trying to collect this debt? Clearly it must still be on my credit file??
the debt must now surely be statute barred as I have never paid a penny towards it and my ex husband died in 2013 but also the County Courty threw it out.
what can I do to stop them chasing it? And get removed from my credit file?
you guys were amazing support to me over this originally so I am asking again with every faith

[ecalid]

Hi Mrs Sparkle,

As far as I know, once a claim has been dismissed by the court, the claimant can't then 'reclaim' with the same particulars of claim. If somebody could clarify this then that would be great.

Have you sent a DSAR to the creditor? do you know when the last payment was made? (if any?)

It will be 6 years from the default; before it becomes statute barred in England, or if payments have been made; from the last payment up until 6 years.

What appears to be the subject matter of their correspondence? is it threatening court action?

[Mrs sparkle]

Hi,
thank you so much for your reply!
I think that there may have been some payment made initially as the DD was connected to my husbands bank account ( not mine at all) but as he does in 2013 certainly nothing since then.

they contacted me immediately after it was thrown out by phone asking how I was going to relay it and saying ‘well it still has to be paid’

nothing since and now again it is coming in the form of texts, automated calls to my mobile phone ( numbers blocked as and when they come) and a letter offering to ‘help me’ to pay the debt off……. But no threats of court action. *♀️

[Mrs sparkle]

**DIED** not does in 2013

[MIKE770]

Des-8 may be able to help (they are the pits trying it on)

[Celestine]

No they cannot do this. The court claim was quite rightly dismissed so has no impact on the Limitation period that has occurred since 2013. The account will be time barred and therefore you should write to them insisting that they cease all activity and remove any data held on their systems.
Check your credit file. I doubt this is on there, Cabots internal 'search' teams will have just regurgitated old records and recycled some old accounts for collection activity. Funnily enough this is the third Cabot post I've read in recent weeks about accounts previously subject to unsuccessful legal action being reignited. In one of those threads, the 'go away' letter was written and they responded with an apology and £100 so be very firm in your anger and distress at this activity in relation to a deceased ex husband, not even your agreement. It would almost be fun to send them a s.78 CCA request to see it returned in the wrong name, but presumably you did that to win the first phase of this matter?

[Mrs sparkle]

Hi again,
thank you all for trying to help now. I sent a letter ( a cease and desist type of thing which I can post) asking Cabot to only contact by letter, that it was thrown out and statue barred and now their activity was harassing me.
thos morning I received a letter from Resolve Call telling me that they will visit my property in 7 days if I don’t contact them about repayment
It is quite an intimidating latter and I have emailed a copy of the letter to Cabot to their complaints department asking them not to contact me again as their collection activity is illegal. Please help me as I am so worried that they may torn up at my door!
how on earth can collection activity commence when it was thrown out of court?!

[MIKE770]

They have no powers (just local guy hoping to get commissions) you do not need to converse with them at all. if that is they send somebody around, they usually put a card in the door asking to contact an office number and go away, (of course you ignore)., if you answer the door take card and dispose of it as you seem fit. if statute barred just state harassment to them as statute barred (Under statue of limitations Act)- end of conversation then close door. job done., make a diary note of all events by time/date/by whom!

[Mrs sparkle]

Thank you so much!!! This is all very scary!!
they had their moment in court and it got thrown out as they couldn’t provide the paperwork. I cannot believe what immoral devils they really are
really appreciate your help. Thanks

[MIKE770]

you are learning that debt collection activities by some are on the edge of fraudulent activity on occasions.

[Mrs sparkle]

Absolutely!!!! How wrong