2004 debt and cabot

[ODC]

Re: DCA Advice Please

If they say the debt is not Statute Barred then they MUST PROVE you made a payment or a written acknowledgement of the alleged debt. Once it becomes Statute Barred it can never become UN Statute Barred again

[dantheman]

Re: DCA Advice Please

I totally agree and thank you for your input. As I have said the thing that has had me confused is what IS deemed as acknowledgment...

But I suppose until they send/say/show something that they consider acknowledgement there is no need to worry about going forward. Your point that the ONUS is on them to PROVE it isn't statute barred is the crux of the matter.

I will send it and then I suppose I just wait and see.

[dantheman]

Re: DCA Advice Please

I have just found this information - could you advise.

I think the best thing to do in your case would be to determine if they did indeed send you a Default Notice. To receive a DN you must have missed payments over a six month period , this would show in red numerical numbers fron 1 - 6 on your credit file , after that you get 14 days to make good on the Default Notice . It is then sent to the CRA which takes 28 ( plus 2-3 days processing ). So the Default shown on your Credit File should be dated at least 42 days after the original DN was issued and not the year and a half that you state.

Now I feel very confused! From what I have understand from you is that 6 years from the month you defaulted is the time period. So if the last payment was made Sept 04 then the default month is Oct 04. The information on the CSA file from the DCA is May 05.

Point 1 - I didn't receive a DN as I wasn't there - do they send that by recorded/registered? - which ever way I never received one. Does it matter?

If the default date is Oct 04, then the DN notice would be April 05/May 05 + 42 days which would be June/July. Which still doesn't tie in with the CSA date.

So is the Credit File is the correct date of default or (Forgive me for being stupid) Is the default date the month of the original default. Which do I apply my mail to in terms of an s.5? Before I send prematurely. Otherwise I will try and fend off for the next few months.

Advice to ease this confusion please?

[ODC]

Re: DCA Advice Please

Companies sometimes do not register defaults for months. This is not your problem. Just send the S5 letter off and await Crapquests response.

The law is very clear on this. Its nothing to do with the date the default is registered. Here is the case law

Re: Cabot disputing Statute Barred status - what next?
________________________________________
a rather helpful case here is Swansea City Council v Glass. - [1992] 2 All ER 680

it established that the cause of action accrues when the person can sue, that is the point when he can commence a claim for failing to meet a contractual obligation, not when the person serves a notice demanding payment

in this case, it would be when you missed your second payment most likely that the cause of action arose, if it was the case that the cause arises at the point when a default is served then the limitation period would never start cos no lender would ever issue a default notice

------------------------------- merged -------------------------------
Here is the letter to send

Dear Cretins

Acc/Ref No

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

We 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.”

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 lead to a prosecution under the Consumer Protection from Unfair Trading Regulations 2008

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 look forward to your reply.

Yours faithfully


I M Wise To-You

[dantheman]

Re: DCA Advice Please

You are the man - I will send and wait for Cabot to bare their teeth, shake and scream and see what happens.
I imagine that because they didn't actually respond the the prove it letter and chose only tom mention the OFT guidlines is as Curlyben said, shows that they probably have nothing. If I send the s.5 and leave the burden of proof with them. If they haven't sufficient information stating acknowledgement it's over.

I still find myself concerned about the grey area of what acknowledgement is.

Cheers,

D

[ODC]

Re: DCA Advice Please

Do not worry about acknowledgement issues. The stated case above is what we rely own.

DCAs will make up all sorts of imaginary rules. I will quote you two examples

1. The Leeds Losers claimed I made a payment on a certain date. When asked for proof of this payment they were unable to provide any. Had it went any further I could prove that I wasnt even in the country at the time.

2. Another bunch of sad pond life claimed I had made an attempted payment. I was never able to work that one out. Perhaps I had walked past a bank and thought about paying them.

Needless to say after a bit of verbal diarrhoea from them they shoved their alleged debts where the sun never shines

[dantheman]

Re: DCA Advice Please

I will slam dunk it in the post and return when the supply me with a wonderfully entertaining reply that I can share.

I have a second with Cabot that in the very beginning discussion they took a payment of £10 - what would you do in that case? - do the same and wait for their proof? The Monument CCA was audited and shown to CurlyBen who said it had several breaches in it. Should I reissue the breaches and say, take me to court if you think your right?

This site has been a real savior. I like many others have absolutely no comprehension of rights and personal legal position. It's very easy to be bullied - maybe be I am not all right in what happened, but the likes of Cabot/CapQuest and associates including the CSA are all snug in their beds together and are really parasites feeding on rotting flesh.

My thanks to you, CB and all the crew and will keep you informed as to what happens next with Cabot.

[Curlyben]

Re: 2004 debt and cabot

Sorry Dan, been a little busy, I've moved your posts to their own thread to keep things tidier.

Anyway, I see Cabot haven't actually shown that this debt is indeed valid and have been economical when responding to the Prove It.

As others have mentioned, throwing an s5 at them and forcing their hands may well be the next course of action to take.

[ODC]

Re: DCA Advice Please

I will slam dunk it in the post and return when the supply me with a wonderfully entertaining reply that I can share.

I have a second with Cabot that in the very beginning discussion they took a payment of £10 - what would you do in that case? - do the same and wait for their proof? The Monument CCA was audited and shown to CurlyBen who said it had several breaches in it. Should I reissue the breaches and say, take me to court if you think your right?

This site has been a real savior. I like many others have absolutely no comprehension of rights and personal legal position. It's very easy to be bullied - maybe be I am not all right in what happened, but the likes of Cabot/CapQuest and associates including the CSA are all snug in their beds together and are really parasites feeding on rotting flesh.

My thanks to you, CB and all the crew and will keep you informed as to what happens next with Cabot.

The secret to stopping them from bullying you is Never to speak to them other than through a medium. Keep everything in writing. That way you can be advised of their lies and breaches of the law. If they do get you on the phone refuse to speak to them and just keep repeating IN WRITING ONLY or better still leave the phone down and go and do something more productive like watching your grass grow.

These barstewards cannot bully or threaten you if you never speak to them.

[dantheman]

Re: 2004 debt and cabot

Hi There,

I have just been informed by a solicitor that section 5 is no longer enforced as it was repealed by the enterprise act of 2002. Yet it may still be statute barred.

So:
Cabot have been contacting me for 17 months - their original contact being 5 years after the official default date. I have circumvented dealing with them and believe I have not actually acknowledged the debt as stated earlier - but as ODC has said the niggling doubt surrounds Cabots default date on my Credit File.

But of course acknowledgement is a vague word. I have NOT made a payment in over 6 years that is a fact. If Section 5 is no longer enforced is it purely on a point of None Payment in 6 years, Contact in 6 years or Acknowledgement in 6 years?

Simple - Contact has been made by CABOT with the 6 year period In that time I have continued to dispute the debt. I have NOT paid to that account in over 6 years.

They have continued to pressure for 17 months, but have never gone the next step to take me to court - Why?

I don't mean to sound stupid, but I just want to make the right decision based on my situation.

D

[Curlyben]

Re: 2004 debt and cabot

Sorry, but what has the Enterprise Act got to do with Limitations ??

What section repeals this ??

Bear in mind the Ent Act has been in effect since 2003 !!!

OFT664 - Debt collection guidelines has a whole section on SB'd debts and was published in 2006.
Have a read of section 2.9 onwards

[dantheman]

Re: 2004 debt and cabot

Think the guy must be as confused as I am.

All taken into consideration I think the best way forward is to wait. Let them send another letter at some point and then tell them they didn't answer my prove it letter. Eventually I can send the s.5 letter and all in consideration it should take me to cover all the so called default dates. Then they have to prove acknowledgment. I have been informed - is this true that phone calls do not count and can not be used against you. Does the same apply to email?

Is the acknowledgment - by mail only is what I am trying to say?

[Curlyben]

Re: 2004 debt and cabot

Acknowledgement is classed as payment or in writing within the prescribed time scale, ie 6 years.
Was the last payment made before the default was applied ?

[dantheman]

Re: 2004 debt and cabot

The last payment was September 2004, Cabot have listed default on the credit file of May 2005.
I have not made a payment in 6 years and 4 months. I have been in contact with Cabot for 17 months, using Kerobo (haha) Connect/KBCM as deflections. every letter I have written has included: I dispute you claim.

[Curlyben]

Re: 2004 debt and cabot

All good then.

Seems the Cabot date is from when THEY acquired it rather than when the OC defaulted you.
After all once the debt is sold the DCA updates the CRA's with their own information.

So, wait for their next letter and then fire off an s5 derived response.
Sounds like a plan to me.