Cabot Help, Wont Give up

[richie0522]

I have been battling Cabot now for 7 years regarding a Marks and Spencer Credit Card.
I have sent Cabot many many letters regarding proof of the said debt.
They have ignore all my requests.
I have never ever taken out a Marks & Spencer CC and told them this.
Since December 2018 I have moved to Scotland.
I have received a letter today 18th May 2019 from Cabot saying that they have the new owners of the alleged debt.
They search my Personal credit file for my new address.
PLEASE HELP ANYBODY, WHAT WOULD BE MY NEXT MOVE

[ostell]

So you are in Scotland now so write and tell them again that you have never had that card and in any case it is now more than 5 years since the alleged debt and it is now past the limitation Act and as it is Scotland the amount is extinguished and they have absolutely no claim against you.

[richie0522]

Have done that, but ignore my request for evidence, .

[ostell]

So you write and tell them that, with proof of posting ie a free certificate of posting from a post office and then just file the letters until such time as they make a court claim or give up.

[jaguarsuk]

Have done that, but ignore my request for evidence, .

You don't need evidence from them, the debt is statute barred and as you are in Scotland extinguished, so they have absolutely no claim against you.

[richie0522]

So, to be sure, Cabot are terrible for not giving up so I am expecting them to issued a claim through the courts here in Scotland. If they issued | have all the letters I have written and I will defend the full claim. I know Scotland got different rules of debt collection here, but do you think they that dumb in issuing a claim.

[jaguarsuk]

So, to be sure, Cabot are terrible for not giving up so I am expecting them to issued a claim through the courts here in Scotland. If they issued | have all the letters I have written and I will defend the full claim. I know Scotland got different rules of debt collection here, but do you think they that dumb in issuing a claim.

If as you say the alleged debt defaulted and the last payment was 6 or more years ago, then they can't win any claim. That won't stop them issuing one, parasites like Cabot hope that people are scared into paying or stick their heads in the sand faced with the court process, so even when they know they can't win issue a claim.

For every one they lose there's plenty who pay up or they get default judgements against.

It's why they aren't stopping chasing you, they hope to scare you into paying with the fear they might take you to court.

[richie0522]

Okay thanks for your input, what can I do about they finding my new address. They must have search my credit file to get this without my consent

[jaguarsuk]

Okay thanks for your input, what can I do about they finding my new address. They must have search my credit file to get this without my consent

GDPR allows certain activities if they have a litigate interest in processing your data, which as they have an alleged debt they can claim they have an interest to pursue.

[richie0522]

Cabot have now got my new land line number, how, I dont know how its is ex directory

[richie0522]

Today 07th May 2019 I have received a letter from Cabot. So has previous stated Cabot have been chasing me since 2008 of an alleged debt belonging to Marks and Spencer. The letter is make out that this is there first contact with myself regarding this alleged debt, as always ignoring my many letters I have sent to them and including the three (3) Pre -Action Protocol letters I have sent them.
They have stated that they are not considering Court Action/Litigation at this stage and as such your request for information under the pre-action protocol legislation is not applicable.
They have confirm the account was opened on the 6th December 2006 and it was maintained and a default was applied due to non-payment and arrears.
They also state that if I want any of the original documentation on the account, please contact us so that we can assist you further.
They have also mentioned that for your records this account is not Statute Barred as the last payment towards the account was 2008.
They invite myself to contact them to gain a better understanding of my situation and we always pursue all possible avenues first before legal action.
They want me to contact them to arrange a payment plan and work to resolve the matter and we will only accept payments that are affordable to me. They have also offer a discounted settlement on the balance.
Theses idiots I know will not give up and I believe they will issue a claim through the sheriff courts here in Scotland very shortly.
I have already prepared by defence regarding this but this it with the understanding that the claim will be done in England and if they issue a claim here in Scotland will that defence paperwork be okay here in the Scottish Courts, even through the debt is governed by English law.

[Amethyst]

They say this ?

this account is not Statute Barred as the last payment towards the account was 2008.

[richie0522]

yes, this alleged debt does not exsit, has I never ever had a credit card from M&S

[Amethyst]

Sigh... we should reply, again, and tell them to bugger off ... if you can post a copy of the letter ( redacted ) we can get a reply together - not your debt, ignored letters requesting info/docs, statute barred ( as they point out) and to stop bugging you as its bordering on harassment ....

did you ever have a M&S store card btw?

[richie0522]

Never, they are telling liars in there letters.