• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Cabot financial- prove it letter sent help with their reply

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Cabot financial- prove it letter sent help with their reply

    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
    Tags: None

  • #2
    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.


    Comment


    • #3
      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

      Comment


      • #4
        Originally posted by cowboy541 View Post
        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.

        Comment


        • #5
          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 ?

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse
          1 of 2 < >

          Support LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          2 of 2 < >

          SHORTCUTS

          Pre-Action Letters
          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Witness Statements
          Directions Questionnaire
          Statute Barred Letter



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X