DCA Advice Please

[Concertpianist]

Re: DCA Advice Please

Dunno ODC. A spammer I think. Glad to see it's been removed. What's worse? DCAs or spammers cluttering up the messageboard and/or your inbox?

[Curlyben]

Re: DCA Advice Please

S'ok he got got

Anyway, looks like Cabot have been living in Fantasy Island yet again.

Did they send you any information concerning the actual assignment of this debt or even a copy default notice ??

[Concertpianist]

Re: DCA Advice Please

Morning Curlyben.

They didn't send me a copy of the default notice, but in January - with the welcome letter - they sent me a copy of a notice of assignment from Citi saying the balance was sold to them in 2010.

Is this particularly important?

[Curlyben]

Re: DCA Advice Please

*Cough*
More creativeness again..

I'd wait for the clock to run out, TBH.
They have completely failed to respond in a meaningful manner to your request and until such time as they do you have nowt to say to them.

the obviously "adjusted" paperwork and lacking agreement just go to further demonstrate their disdain for statute law in cases like this.
I bet they paid pennies for this debt as part of a batch and are simply trying to get anything they can in return.

[Concertpianist]

Re: DCA Advice Please

Thanks Curlyben, ODC and WendyB for all your thoughts and guidance on this. I shall take the advice given and sit and wait out the remaining few days until the six years is up and then see what transpires. I really think these people prey on other's fears and lack of understanding of their rights. As I have said,, if they could prove I owe money from years back then I would be prepared to entertain their claims that I do. But they hide behind disingenuous paperwork and bully-boy tactics.

[Concertpianist]

Re: DCA Advice Please

Hello everyone.

Good news - the alleged debt went SB at the end of April and has now been removed from my Experian file. I now have no nasties lurking on my credit file.

(Slightly) bad news - the letters from Cabot keep a comin' warning me that after two weeks the matter will be passed into the hands of their collection department. I just file those away and don't acknowledge them. Still get a couple of calls on a 'withheld number' each week but ignore those - might be from Cabot, might not be.

Have taken a copy of the credit report entry before it went SB and after it went SB.

Any advice on how to shut them up now? I can see the tranche of demands and threats coming from their collections department next. What I don't want to do obviously is give them any chance of re-opening the matter and suggesting that "first you said the debt wasn't yours.......now you say it was and that it has gone SB......in which case you knew about the debt and should pay up".....that sort of thing.

So is there a banana-skin free way of telling them to stuff it and bog off?

Any advice gratefully received as ever, and if it helps anyone in a similar situation, can I just say - stick to your guns and follow the advice given by Curlyben and others. Refuse to give into their bully boy tactics. This first happened to me about 8 months ago now. They have written threatening letters, left answerphone messages, sent dodgy documents etc.......but never once have they proved I owe them or anyone else anything. And I hope now that I have beaten them.

[Curlyben]

Re: DCA Advice Please

TBH there's nowt you need to say to them, but if you feel like it send them an SB'd letter.
Something along these lines should do the trick

Dear Sir/Madam


Account reference: XXXX


Thank you for your letter of the DATE, the contents of which have been noted.

You have previously contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would again point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We also insist that you supply a full written copy of your complaints procedure..

It should also be noted that we will be contacting Trading Standards concerning this matter.

Ignoring this letter and continuing to press for payment will not resolve this matter.

We will not hesitate to pursue this matter with Trading Standards and the OFT, additionally we will seek immediate legal advice should you continue to press for payment, as we feel this may constitute harassment contrary to section 40 (1) of the Administration of Justice Act 1970, as well as the Protection from Harassment Act 1997.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

[ODC]

Re: DCA Advice Please

Or the simple version written in crayon so the cretins can understand

Dear Crapbot,

Its statute Barred

So Sad
Too Bad
Never Mind


By the way if you even think of sending me a demand for money I shall report you to ALL the regulatory bodies.

Have a nice day

yours etc

[Concertpianist]

Re: DCA Advice Please

Thanks guys for the advice.

But do they have any wriggle room to say that "when we first approached you it wasn't SB, you denied any knowledge of owing the money, and now you are avoiding payment because the debt has now become SB......therefore pay-up"

As you will see from the earlier content of the thread I have consistently refused to accept the legitimacy of their demands, have never acknowledged the debt. In fact the only communication I have ever had with them was Curlyben's "Prove it" letter........followed by their catalogue of 'amended' statements sent in response.

But these guys are slippery. I do not want to fall into a trap

[Crispybacon]

Re: DCA Advice Please

Hi CP

Once a debt is SB then there is nothing they can do about it, they have no 'wriggle' room at all.

They can make lots of BS statements but once you inform them you do not acknowledge the debt and that it is SB then they should cease any collection activity.

Best

Crispy

[Concertpianist]

Re: DCA Advice Please

Excellent. Crystal clear. Thanks!!

[Concertpianist]

Re: DCA Advice Please

Goodness gracious. It has been over two years since allof the dialogue above. The occasional letter from Cabot threatening this that and the other and in recent months more threats from FIRE. Read all about them on the forum and have ignored the lot. However...........have today received a letter before action from Wright Hassle along with a letter in the same envelope from Cabot saying they are transferring the matter. So.......I now have 14 days to respond. Any advice on how to proceed? I only wrote to Cabot once with a CCA request in 2011 which came back as an unsigned credit agreement document along with some fraudulently modified statements. The default on the account was in 2005. Have never spoken to them nor have they had any contact from me other than a CCA request in 2011.

This is SB and I can prove it but it wasn't when the first letter arrived from Cabot. I followed forum advice and stalled knowing they couldnt prove the debt and let it go SB. What should I now do to get the solicitors to rescind their actions?

Cheers

Concertpianist

[FlamingParrot]

Re: DCA Advice Please

Goodness gracious. It has been over two years since allof the dialogue above. The occasional letter from Cabot threatening this that and the other and in recent months more threats from FIRE. Read all about them on the forum and have ignored the lot. However...........have today received a letter before action from Wright Hassle along with a letter in the same envelope from Cabot saying they are transferring the matter. So.......I now have 14 days to respond. Any advice on how to proceed? I only wrote to Cabot once with a CCA request in 2011 which came back as an unsigned credit agreement document along with some fraudulently modified statements. The default on the account was in 2005. Have never spoken to them nor have they had any contact from me other than a CCA request in 2011.

This is SB and I can prove it but it wasn't when the first letter arrived from Cabot. I followed forum advice and stalled knowing they couldnt prove the debt and let it go SB. What should I now do to get the solicitors to rescind their actions?

It doesn't matter if it wasn't yet SBd when the first letter arrived, it is now, as long as there hasn't been any payment or written acknowledgment.

If it was me, I'd send the following letter stating the fact (your profile says you are in England). I'd send it to the solicitors by recorded delivery with a copy to Cabot so they are both informed.

Dear Sirs

Re: Statute Barred Account xyz

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully,

[labman]

Re: DCA Advice Please

Hi Concertpainist,

Wow, two years! I recall well reading this when you posted it. Your username caught my eye!

If you want to get the solicitors off your back and you are absolutely 100% positive this debt is statute barred, I refer you to the letter in post 22 from Curlyben. That still stands good.

Any solicitor would be ill advised to try to take action against a SB debt.

Hope this helps. :beagle:

[Concertpianist]

Re: DCA Advice Please

I am extremely grateful to you both and I will send a recorded delivery letter to the solicitors and the DCA today. It is interesting the letter before action document is a photocopy, not signed by a named individual, arrived in the same envelope as a letter from the DCA etc.

I am glad that my username is either compelling or notorious (!!!) and I would gladly perform a Beethoven piano sonata of choice to anyone who can get these annoying people off my back!!