Help with Cabot again please

**LuggerBugs** · 8th August 2009, 07:55:AM

Re: Help with Cabot again please

So is this relating to a possible shortfall on that mortgage, as far as you know? Or did you have seperate finance? Has Cabot actually bothered to tell you what the debt was for? Original account number perhaps?

No doubt a SAR to Barclays would clear up some confusion.

Certainly, if there has been no contact with Barclays though, this is WAY beyond Statute Barred. And very likely that Barclaycard have no data to send in response to a SAR in any case.

**Curlyben** · 8th August 2009, 08:13:AM

Re: Help with Cabot again please

Well for starters I'd throw a simple Prove It at Cabot, especially as they haven't given enough information for you to identify this "debt".

Something along these lines has worked wonders for me:

Dear Sir/Madam

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to (DCA) or your client XX Bank XX.

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

Keep it cordial for now and we'll get more forceful, if needed, later

**db1** · 8th August 2009, 08:21:AM

Re: Help with Cabot again please

Hi Luggerbugs, thank for the quick reply, yes they sent me the account number and it was from my bank account that I held with Barclays that was overdrawn for ex amount of pounds, I did have the mortgage through Barcalys on an endownment mortage and I cancelled both and asked for the money from the endownment to be put into my then current account to pay for the overdraft, but instead they used it to lower the mortage payments that my ex wife was then paying, she took out a new mortgage with them.

**db1** · 8th August 2009, 08:51:AM

Re: Help with Cabot again please

Hi Curlyben,

thanks for the reply, yes it is my account which I thought had been taken care of as I had no word from Barclays after I had written or called them (cant remember which it was now), but as this is more than ten years ago should I even acknowledge the letter off Cabot?

**Curlyben** · 8th August 2009, 09:02:AM

Re: Help with Cabot again please

Hold the Prove It until they contact you again.
They haven't given enough information for you to be even sure it's the account you think it is.

Just to clarify, what is this debt for ?
If it was for a normal bank account then they are seriously out of time on this one as the clock runs for 6 years from last acknowledgement of the debt in writing or by payment..

**db1** · 8th August 2009, 09:33:AM

Re: Help with Cabot again please

Hi Curlyben,

yes it was just a normal current account at the time, I had gone overdrawn thinking that my endownment policy would pay it all off.

**natweststaffmember** · 8th August 2009, 09:35:AM

Re: Help with Cabot again please

Can I clarify if it was a joint account or just in your name only?

**LuggerBugs** · 8th August 2009, 09:36:AM

Re: Help with Cabot again please

I take it the account has been closed long ago? I know, silly question, but best to get it out of the way now.

**db1** · 8th August 2009, 10:00:AM

Re: Help with Cabot again please

Hi Natweststaffmember, yes it was a joint account, my ex wife had her name taken off the account in 1998, and opened a new one for herself.

Hi Luggerbugs yes I think so, but I'm not sure as it was so long ago, but it has not been used since 1998 i think my last letter off them was to pay the oustanding amount or the account would be closed, thats when i asked about the endownment should be payed to them to cover the amount, never heard another thing off them till Cabot contaced me with a letter on the 18th June 2009 asking me to contact them, then a second letter on the 23 July saying my account was overdue, I ignored both from advise on here then the third letter came today with the details of my old account number (I think) cant remember as its so long ago .

**LuggerBugs** · 8th August 2009, 10:15:AM

Re: Help with Cabot again please

In which case, once you have them confirm the account they are questioning, your next step is a "Feck off and don't bother me again, this is statute barred" letter.

They can't hurt you by vindictively harming your credit record (their usual childish modus operandi), since any alleged default was way over 6 years ago too.

In other words, they are simply wasting their time. Yet again.

**db1** · 8th August 2009, 10:44:AM

Re: Help with Cabot again please

Thanks for all your replys, so I do nothing till I hear from them again, then tell them to "go Away in jerky movments" is it that easy, I really am very worried by all this, I am only just managing to keep my head above water as it is.

**LuggerBugs** · 8th August 2009, 10:57:AM

Re: Help with Cabot again please

Assuming the account is the one you think, and since it's had no activity whatsoever in all that time, you are bullet proof.

**db1** · 8th August 2009, 11:03:AM

Re: Help with Cabot again please

Thanks LuggerBugs

Help with Cabot again please