CABOT COURT CLAIM - Please be aware of their tactics!

[serendipity102]

I posted on Christmas Eve about a County Court Claim that I received from Cabot.

This still hasn't been resolved as they haven't provided the information that I requested from them (which is now overdue!)

To give you an idea of the background, I am divorced and both of the exes were oiks! As a result I was left with a few financial problems.

Cabot served me with a claim on 24/12/14 which, unsurprisingly, left me a bit stressed over Christmas!

The lovely people on here advised me how to proceed and I am very grateful for their assistance!

Then, in the middle of last week, I got a letter from Cabot to inform me that my debt to M & S had been passed to Clarity. I racked my brains and realised that it had been in excess of 10 years since I had entered a Marks and Spencer store (you only have to check out their underwear range to realise why!) and had no recollection of any store card with them! Clarity were demanding a payment of the debt!

I emailed them to tell them that I didn't have a financial relationship with M&S and then a further few emails bounced back and forth when they wanted my dob, current and previous addresses etc. I declined to provide them with further details as I was 100% confident that I had no credit agreement with them!

Today I got another email from them and decided to bite the bullet, withhold my number and argue voice to voice!

It turns out that I did have a credit agreement with M & S, probably signed by my ex-husband in my name which they were demanding! When I asked for default date I was informed it was in 1996!!!!!!

So Cabot think that, as I have responded to a case, they can resume and demand payment for an account which has been statute barred for 13 years!!!

[serendipity102]

Re: CABOT COURT CLAIM - Please be aware of their tactics!

Just a few minutes ago I received an email from Clarity:

I write further to our recent conversation.

We are aware of the Limitation Act and the guidance provided by the Financial Conduct Authority in this respect. As we have discussed neither questions the right of a creditor to seek repayment of a contractual debt on a voluntary basis and as I’m sure you appreciate many people wish honour their contracts irrespective of whether there is a legal remedy to enforce. As such we do still contact customers regarding accounts that may be classed as Statute barred.

Given the circumstances, however, I can confirm that we will be returning this account as Statute Barred to our client and you will receive no further communication from Clarity.

[nemesis45]

Re: CABOT COURT CLAIM - Please be aware of their tactics!

Good result!!
Maybe a good idea to remind their client in " writing" that the debt is SB.
e.g.

Sir/Madam

I refer to the alleged debt for £xxx.xx your reference No.XXXXX please take note the alleged debt is statute barred therefore no payment will be made now or in the future, you are reminded that to continue to press for payment after receiving this letter may amount to harassment.

signed for post is best check date received.

nem