Cabot threatening legal action

[Vicxzy]

Hi please can somebody help I received this

[Vicxzy]

There is a reply form with it

[Amethyst]

Next.... lol... at least the other one is out the way for a bit I'm assuming this is for a completely different debt? How much approx?

Do they actually give any more info about the debt, should be another sheet as well as the reply form ?

[Vicxzy]

Amethyst Sorry
its approx £4000 for an overdraft.
I did a CCA request earlier this year and they sent me a few sketchy statements with loads missing the o/d limit on the account was around £2000 and I closed it due to excessive charges in 2011.
The statements don’t show how it’s got to £4000.
Cabot wrote after the CCA request earlier this year to say they didn’t have assignment or default info just statements x

[Amethyst]

Okay - the cca request isn't really applicable to an overdraft but doesn't sound like Cabot realise it is an overdraft - Is this Halifax originally ? It's a very similar amount to the debt Lowell have been hassling you over.

Anyway, could it be statute barred ? 2011 is over 6 years but really will depend when it defaulted etc.
Did you actually close it or just stop using it ?

[Vicxzy]

They know it’s an overdraft they sent me bank statements but there were only a few with about a years worth missing in the middle.
They said they haven’t got default info or assignment info etc just the statements which are incomplete.
the default was 2011 I wrote to them 4 weeks ago to say statute barred and they haven’t bothered responding x

[Vicxzy]

The last payment into account was 2011 that shows on their statements x

[Amethyst]

Okay, if it defaulted in 2011 and you didn't make any further payments after that it should be statute barred.

You can can complete the reply form completing section I - asking for the default notice, notice of assignment, terms and conditions of the account, and a breakdown of the debt.

And section D - I dispute the debt because ...
The debt is statute barred pursuant to s.5 of the Limitation Act 1980


Did you make a complaint at the time to the bank about the unfair charges ?
What was the balance when your last payment in was made - or does the statement not show the balance ? Do the statements carry on to the date it defaulted just adding charges/interest or does it stop at the last payment was made ?
Have you sent a SAR to the bank ?