Cabot Financial 13 Year Old Debt

[middlerhythm]

Hello,

My wife took out a Halifax credit card in 2006 (before I knew her) and racked up a balance of £4K~ then, for what ever reason, stopped paying it back in 2009.

She'd since forgotten about the debt and heard nothing from Halifax. In late 2018, during the time she was juggling a few other debts, received a letter from Cabot stating she still owed the money and set up a payment plan. At the time she was unaware of the statute barred rule.

Payments were made for 5 months until we realised the debt would have been statute barred.
Initially we sent a CCA request, to which Cabot responded with signed credit agreement from Halifax & statements up until 2009.
We then sent a letter to Cabot ascerting the statute barred rule using the template here: https://www.nationaldebtline.org/EW/...e-name%29.aspx

My wife received a response stating that she'd been 'selected for legal action' including proof of the payments made from late 2018.

My question is, despite the payments made in late 2018, I'd assume the debt became statute barred any time around 2015-2016, would these payments be taken as acceptance of the debt?

Shall we continue to ignore Cabot? or prepare for legal proceedings?

Thanks

[MIKE770]

await to see if they try again, as no payments/contact in the 6 years Eng/Wales or 5 years Scotland then Statute Barred is a fact, any payments after do not restart a statute barred debt,

if they persist with letter report to FOS etc as possible Harassment.

[MIKE770]

selected for possible action = same desk next drawer down

[middlerhythm]

Thanks for the reply, glad to hear payments don't restart a debt!

[middlerhythm]

Ok, the plot thickens.

My wife received a letter from Mortimer Clarke solicitors quoting section 29(5) of the Limitation Act 1980:

where any right of action has accrued to recover—
(a)any debt or other liquidated pecuniary claim; or
(b)any claim to the personal estate of a deceased person or to any share or interest in any such estate;and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.

Cabot's position is that 6 years has not yet passed from the last payment made (in Jan 2019).
However, over 6 years had passed since the payment made in 2009.

Does section 29(5) mean in fact that the payments in 2018/2019 have reset the clock?

[Amethyst]

Are they just ignoring 29(7) ? ( ie in what context are they quoting 29(5) ?) Did you state 29(7) to them ?

[middlerhythm]

Are they just ignoring 29(7) ? ( ie in what context are they quoting 29(5) ?) Did you state 29(7) to them ?

Quite likely they are ignoring 29(7). We will repond stating 29(7).

[KingUnemployed]

Quite likely they are ignoring 29(7). We will repond stating 29(7).

any update?

[middlerhythm]

any update?

Thanks for asking. Yes, last week my wife received a letter headed "potential legal action" stating "If we do not hear from you, Cabot will ask us to issue court proceedings and then we will ask the court to order a CCJ". There is a 30 day deadline.

The letter included additional pages with tick boxes for the chosen response to the letter.

From the investigation I've done, it sounds like she cannot ignore this letter. If I understand what I've read, it's best to time a CCA and SAR letter to respective companies, and respond with 'needing more information' or 'dispute the debt'.

What should she do? I will provide more info on request.

*

[ploddertom]

Pop the letter up but redact all personal info.

[middlerhythm]

I've uploaded the majority of the pages.

[middlerhythm]

edited

[pt2537]

I've uploaded the majority of the pages.

What the actual £$%K is that?

A letter of "Hi we need your attention please"??? they need to have a word with themselves.

That plainly isnt a letter before legal action, thats for sure. , did they send you anything that actually tells you what their case is about?

[middlerhythm]

[middlerhythm]

Is it a letter before the letter before legal action?*