Cabot telling me debt will never be statute barred.

[WorriedDad]

Hi,

I've posted about this a couple of years ago, but the thread is in the VIP section and I now can't access it.

Cabot are now harrassing me again and I really need to knock this on the head.

In short, Cabot took me to court in 2014, then discontinued it almost a year later. Everything went quiet for a while.

In 2019 they started chasing me again, I sent them a statute barred template which they replied to saying because they'd started court action the debt would never be statute barred. Things went quiet again.

Now they've started harassing me again - letters, phone calls and text messages. It's wearing me down and I need to get it knocked on the head.

Last payment to alleged debt was May 2009.

First off, am I right in saying that this debt would be statute barred and their claim about it never being statute barred is nonsense - given Cabot discontinued and there is no judgement against me?

If so, my plan is to send another statue barred letter and if they push back make a formal complaint - taking it to FCA if needed. Does that sound like my best plan?

Advice gladly received and very appreciated.

WD

[LizMarkley]

Hi Worrieddad,

This is a tough question - a debt becomes statute-barred typically 6 years after the first default or last contact from creditor. However, if they take you to court and the CCJ remains on your credit file then their claim is correct.

Have you checked your credit file to see if the ccj is still there?

When you say last payment was in 2009 do you mean you finished paying off the debt or that was the last time you made a payment?

I would recommend calling national debtline and getting some free advice before complaining.

[WorriedDad]

Hi. There's no CCJ. There never was.

Cabot raised a claim, I defended, Cabot discontinued.

6 years after first default would have been some time in 2015.

[R0b]

Cabot and their employees are talking rubbish. All claims have a limitation period governed by the Limitation Act 1980, with some types of claims longer than others but for contract matters, this is 6 years. The whole reason why we have the Limitation Act 1980 is to prevent exactly what Cabot are claiming, that is to allow them an indefinite period of time to pursue a claim. The courts have regularly explained this over many years that defendants should not have something hanging over them for the rest of their lives without finality.

Claims are and can be, time barred. When a claim is issued, the clock stops running but if the claim is discontinued as you have stated, the clock continues where it left off. It sounds like the claim is statute barred given the timelines and especially so since the claim was discontinued back in 2015. I suspect what Cabot are trying to say is that whilst a claim may be statute barred, there is no law that prevents them from continuing to chase you.

However, if this is a consumer credit related contract (I presume since you mention FCA) then I'm pretty certain there are rules that say they should not be chasing you if the claim is statute barred or that you suggest it is and in doing so they are in breach of their obligations.

You could complain to the FCA directly and possibly the FOS, but personally, if you want to put this to bed once and for all, sue Cabot for harassment and claim compensation. At the same time you can ask the court to make a declaration that the claim is statute barred. That should put an immediate stop to their letters, text messages and phone calls. If you don't want to take legal action, well you can try other methods but there is no guarantee that they won't try again in a few months or years.

[MIKE770]

you sure it was discontinued or stayed?

If a claim is statute barred then a simple letter:- or if they fail to then report to the ombudsman.

Statute Barred Letter

[WorriedDad]

OK..... So here are some attachments just to make sure how I've described things is accurate.

1. Credit file extract. This shows date of default.
2. Original court action from 2014.
3. Notice of discontinuance from 2015.
4. Statute barred letter sent November 2019.
5. Cabot response December 19. 2 Pages.

On page 2 of the Cabot response to the Statute Barred letter they acknowledge they have discontinued the court action but then go on to say "an account cannot become statute barred once an application for a County Court Judgement has been served".

I think this is incorrect and can't help but feel Cabot are intentionally misdirecting me.

MIKE770 I'm correct in saying it's clear this was discontinued, right?

rob Taking court action against Cabot sounds really stressful and expensive. How would I even do this?

Thanks again for your help.

[WorriedDad]

I've sent them this today. Hopefully that should start the ball rolling.

WD

[WorriedDad]

I've recevied a written response from Cabot.

In short they've admitted their error and are offering me compensation of £100 for the mistake in their original response and for sending me 74 text messages, 52 calls and 16 letters.

However, they do not believe they have broken any law or regulatory guideline. I'm not sure that's really the case and I'm tempted to take it to the ombudsman. On the other hand - £100 is a third of an air-conditioning machine!

I'll post up a redacted copy of their response later.

[Celestine]

I'd really like to see that letter! What a muddle, but at least theyve rectified it by paying compensation voluntarily. Well done, that must feel good knowing it is well and truly time barred now.

[EnglandPi]

Having read this post, I have to say the advice given was excellent. I hope you sue Cabot as they give us debt collectors a bad name and deserve to be punished severely.

[Nuff55]

Same thing is happening to me currently. Phone calls, voicemails, letters. I’m tempted to let them keep wasting their time and money but one day I’ll get angry enough to do as you have done. Dates are similar too

[islandgirl]

Nuff55 this is a very old thread and few will see your post - why not start a new one with the circumstances you are in and ask for help?