Statute barred debt

[Confused70]

Good Afternoon..
In 2005 my husband's business was liquidated leaving us in a difficult position.
We banked with barclays. I was instructed to pay the mortgage out of my overdraft by the bank or they would take our house which I did
My account was closed and my debts sold on to Marlin Financial After an initial 'pay them a pound a month' advice from CAB then a CCJ and charging order for one I wrote request g a true signed copy of the CCA - this could not be provided so the two alleged debts without CCJ were placed in dispute in 2008-not a penny was paid..

In 2012 I was loaned money by my sister to clear the CCJ and have the charge removed which Marlin did. They also agreed that the other alleged debts were past the statute of limitations and were statute barred

Today 2019 five years past the statute barring I recieved a letter from Cabot informing me we hadn't reached a settlement so they had passed the alleged debt onto another a collections firm.

So do I write to both with CCA and SAR request or just send a statute barred letter this is the first I have heard of Cabot and I haven't acknowledged the alleged debt in over 10 years

Sorry its long but advice would be great

Thank you

[Confused70]

We were with HSBC sorry

[Amethyst]

The letter from Cabot is for the two debts which you disputed in 2008 due to failure to comply with the CCA requests you'd sent to the original creditors. Or does the Cabot letter include the debt that was under a CCJ and charging order ?

The debts hadn't been paid or acknowledged since 2005 when your husbands business liquidated. So in 2012 you informed Marlin they were statute barred and they agreed.

They've now been passed to Cabot.

If that is the case I'd simply write to Cabot telling them that both of the debts are statute barred and hadn't been paid or acknowledged since 2005 and also send a CCA request for each debt under separate cover with the £1 statutory fee.

[Confused70]

Thank you, that's what I thought I should do. I believe this could be the overdraft they tried to say wasn't covered under the statute of limitations regardless marlin could never prove they owned it.

[Amethyst]

When did you close your account with HSBC ?

Have Cabot not said what the original debt is?

[Confused70]

I didn't close the account they did in 2005/6 I just recieved a letter from Marlin.

I honestly thought it was all over after so many years..

The first I have heard from Cabot is today who sent me a letter telling me that they hadn't been able to secure payment so were passing it on to external collectors called Rushington.

They gave the amount which is not something I recognise at all but may be the overdraft which Marlin eventually agreed was statute barred they should have then in 2014 removed all my details. Its over 15 years old and has been statute barred for four years.
No account numbers have been provided.

Thanks

[Amethyst]

Hmmm okay, not heard of Rushington so possibly scraping the barrell a bit in terms of who to fob the debt off to. You should write back to Cabot asking for more information about the debt and that you contend it is statute barred. Of course an overdraft can go statute barred, if the account was closed in 2006 and you've not made any payments since at least 2008, even since 2012, then it is statute barred and they can, for want of a better term, go swivel.

If you can do a copy of the letter on here ( suitably redacted of your personal info) happy to help with a reply xxx


Quick check of FCA register ""There are no results on the Register for "rushington"""

[Confused70]

Thank you , I have done a draft and included the final letter I sent to Mortimer Clarke /marlin/phoenix recoveries.

How do I find the letter on here please

[Confused70]

The other firm is rutheridge not heard of them sorry for my mistake

[Amethyst]

Ruthbridge...

Just posted this on another thread where the debt has also gone to Ruthbridge

No need to enclose the letter you sent to Marlin ( actually it is better if you don't as they may be able to try say that was acknowledgment - although it would have been after it was already SB - it just saves having to argue the point - let them come up with any challenges themselves, no point feeding them info )

Example of a letter

Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

No payment or acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)

[Confused70]

Thank you for that. It's a much better letter than I came up with.

[Confused70]

Today I recieved a letter offering me a discount so they know its SB .
I thought I would wait a bit to see what they did
Letter going off

[Amethyst]

Good luck with it