Cabot financial- prove it letter sent help with their reply

[cowboy541]

Hi all,

Thanks for taking the time to read the following

So my partner received a couple of letters from Cabot financial last month, first I knew of these. One was for supposed personal loan and another for credit card debt

Both of these debts defaulted way back in around 2009, then they were sold to Cabot.

Through various phone calls and letters that my partner didnt let me know about decided to set up[ monthly payments back in 2019 and with health reasons lost her employment back in 2021. She then stopped the monthly payments to Cabot having cleared probably £2500.


I sent the prove it letters last month, along with asking about statute barred as she didnt tell me about having been making payments.

The reply from cabot stated that as the accounts defaulted by the bank and loan company so long ago they did not have proof that my partner was responsible for these! However as she had been making payments (after being hounded by them), and the payments to cabot only stopped a couple of years ago they both do not qualify for being statute barred

Is there anything else we can do? My thinking is that unless they can prove my partner specifically owes these then then there is still an argument?

Thanks in advance for any help

[echat11]

Hi 541

Welcome to LB

Send a CCA request for both debts, the letters need amending, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

Because payments were made in the last 6 years, definitely not statute barred.

But the agreements might be 'unenforceable' through the Courts, although the debt will still exist, there's no point them chasing as they can't make you pay. So logic suggests they just give up, otherwise it's a waste of their time.

Update when you get a response.

[cowboy541]

thanks for the help, so one they replied saying that due to amount paid they would close that account
The other they came back saying that it wasnt statute barred due to payments (that was correct), however they stated they couldnt provide a signed copy of the agreement and still wanted paying.

Sent a further letter to them with a cheque for £1 asking for them to provide a signed copy of the agreement with original lender, to which they have replied they cant provide it at this time. They also stated that it is un-enforceable in court but the debt still exists.

So do we just leave it at that or do we send a further letter to refrain from further contact?

Thanks in advance

[echat11]

thanks for the help, so one they replied saying that due to amount paid they would close that account
The other they came back saying that it wasnt statute barred due to payments (that was correct), however they stated they couldnt provide a signed copy of the agreement and still wanted paying.

Sent a further letter to them with a cheque for £1 asking for them to provide a signed copy of the agreement with original lender, to which they have replied they cant provide it at this time. They also stated that it is un-enforceable in court but the debt still exists.

So do we just leave it at that or do we send a further letter to refrain from further contact?

Thanks in advance

Leave it at that, reassess if anything else happens.

[MIKE770]

Both of these debts defaulted way back in around 2009, then they were sold to Cabot ? was there any contact from 2009 to 2016? by her ?