2004 debt and cabot

[Angry Cat]

Re: 2004 debt and cabot

The juice of a lemon can often taste rather sour, ODC!

[ODC]

Re: 2004 debt and cabot

Yes Jimmy C does not look happy



Unlike Andy Bartle



who looks just like Fred Elliott from Corrie

[dantheman]

Re: 2004 debt and cabot

I have no intentions of setting up a payment plan and will be issuing the follow up s.5 on Monday. After that I intent to completely forget about it unless they come up with hard facts of acknowledgment - which they can't.

As for the two gent's above the corporate face of Zombieland comes to mind.

As with the £1 shop - they seem to work in more or less the same way. Have a great weekend.

[Brian]

Re: 2004 debt and cabot

Hit the nail (again) right on the head CB!
if these sons o bitches have a case then where is the Claim??
Dan , you have to draw a line under this and let them drive this, every time you get into dialogue with them they are chipping away at you..

Bri

[dantheman]

Re: 2004 debt and cabot

You are very right Brian. I have received this as an email from Cabot to which I think the only reply is the s.5 do you agree? From that point they have to prove it. Also just as a fact is it true that a CCJ can not be made after the six years. As far as I am aware I haven't acknowledged and have always disputed. But I guess it's up to them to prove I have acknowledged.

We’ve still not received any satisfactory response from you about repaying the above amount. Unless you contact us within the next 7 days we’ll take action to recover this debt.

We’ll either:

·

Instruct an external collection agency to call on you to recover the debt.

Or

·

Instruct a solicitor to start legal action. This may result in a County Court Judgment being obtained against you, which could severely affect your ability to obtain credit in the future.

County Court Judgment

If a County Court Judgment is enforced, this may lead to one or more of the following:

·

A Charging Order – this means if you currently own your property we’ll register a Caution against your Title to the premises at HM Land Registry. Then if you sell the property all the money you owe to Cabot will be deducted from the proceeds of the sale and paid direct to us.

·

An Attachment of Earnings Order – this means that the Court will order your employer to deduct set amounts from your pay to settle your debt to Cabot.

·

Order to Obtain Information – this means that you’ll be questioned in Court about your income, expenses and financial assets.

[ODC]

Re: 2004 debt and cabot

If the debt is Statute Barred they are now in breach of the Consumer Protection from Unfair Trading Regulations 2008 by threatening action which they cannot take

[dantheman]

Re: 2004 debt and cabot

That's good to know. I don't for one-minute think they will say anything other than they are entitled to collect. But, via the original letter - CurlyBens - Prove It and now sending the s.5 tomorrow - they surely have to put up or shut up. IF as you say they are in breach, they will know that and will take the cautious, pleasant approach offered by Lowell Finance/Portfolio/Red Debt et al.

Surely though they should be sending a letter like that via recorded delivery and not email?

This is what I am sending:

I write following your recent contact with myself regarding a debt that you claim I owe. Please note I have note received a reply to my letter of 6th January in which I asked 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 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.”

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 payment of this alleged debt was made over six years ago and no further acknowledgment or payment has been made since that time. Unless you can provide evidence of payment or written acknowledgment from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court 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 statute barred could lead to a prosecution under the Consumer Protection from Unfair Trading Regulations 2008”.

I 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.

[TomThumb]

Re: 2004 debt and cabot

The debt became statute barred 6 years from the cause of action.

The cause of action in this case is the point they would have been able to take you to court.. so after the default notice....IF... the default notice had been issued in accordance with their own terms and conditions... so look at the t&c and see when they normally default and terminate... the standard is two or three missed payments.

So NOT the full year they are claiming...

If you contact the nationaldebtline they will confirm the above.

[dantheman]

Re: 2004 debt and cabot

On checking the T&C all the agreement says about default is: If you break the4 agreement you must pay the following default charges - £12.00 each time that your payment has not reached your account in cleared funds by the date your payment is due.

When they sent me the copy of the T& C Cabot added their interest sheet so they bought the debt and registared the default in accordance with that on the 01/05/05. They sent me three sheets of sort of invoice print out stating an opening date for them of 24/06/05.

The above has worried me greatly and am unsure what is the best way forward give the letter a received above Reply 37.

And that they have not answered the Prove it Harassment letter - IS the s.5 the best way forward or should I try and ask them with the prove it again, then send an SAR. I simply have no idea - Help and advice PLEASE!

D

[Curlyben]

Re: 2004 debt and cabot

You have sent them a Prove It and they haven't, so I'd be inclined to go with s5 and leave it there.
This places the ball firmly in the court and they must respond if they intend to take further action.
As I have mentioned previously, considering the alleged size of this debt, I'm slightly surprised they haven't filed action.
That fact can only lead to one conclusion, they don't have want it takes to make the action stick !!!

Other than the e-mails they have sent, have they responded in writing to your Prove It.
Remember it is NOT acceptable to continue e-mail correspondence, EVERYTHING must be in hard copy for validity.

[dantheman]

Re: 2004 debt and cabot

Hi Ben,

They have sent a letter by post responding to my Prove it - That laid down my rights with regards to OFT and no reply to the Prove it part. They gave me 14 days to replay - so up to 26th January.

On the 7th January the emailed me their follow up letter which is what you can see at Post 37.
I have not send any emails and I have changed mobile number.

They sent the copy the T&C in reply to the s77/78 on 01/10/10, The sent a letter on 29/12/10 Saying that they had recently bought the debt and I should pay up. Then the above letters. So I reckon we are in the end of year beginning of year purge.

Thanks

[Brian]

Re: 2004 debt and cabot

dan, as CB has indicated, its a smoke and mirrors job from them, WHERE IS THE CLAIM??
my 2 cents now: press blackout, NO MORE Correspondance from you to them, the ball is then in their court
on this.(write to them and indicate this)

Bri

[ODC]

Re: 2004 debt and cabot

, NO MORE Correspondance from you to them, the ball is then in their court
on this.(write to them and indicate this)

Bri

A sound piece of advice. You have made your position clear. A game of letter ping pong is pointless

[TomThumb]

Re: 2004 debt and cabot

On checking the T&C all the agreement says about default is: If you break the4 agreement you must pay the following default charges - £12.00 each time that your payment has not reached your account in cleared funds by the date your payment is due.

Sounds like an abridged version of the t&c, the full one would clearly state what would happen if you fail to keep repayments up.

When they sent me the copy of the T& C Cabot added their interest sheet so they bought the debt and registared the default in accordance with that on the 01/05/05. They sent me three sheets of sort of invoice print out stating an opening date for them of 24/06/05.

The fact they passed on this debt means it was at a stage that the contract had in effect ended.. I suspect theirs would be the norm and just 2 or 3 missed repayments and the account was closed to new credit and they demanded you returned the cards... that is the time that cause of action starts.

The above has worried me greatly and am unsure what is the best way forward give the letter a received above Reply 37.

they are chancing their arm.....to point out the obvious... what exactly have they proved to you so far? nothing....

Sit tight and wait for the next toilet paper sheet to arrive.

[dantheman]

Re: 2004 debt and cabot

Gentlemen, Thanks in volumes. Re Cabot I have sent the s5 as I have with Lowell. I agree it has asked in the s.5 supply me with proof - so if all the do is send another demand - they have nothing. If they have proof they will stick it in an envelop and send it to me saying here's your proof cough up or court mate.

Then I can say - fair cop! If they just send another demand I agree - Black out - If they want to go to court I have done everything by the book and they will have to be sure they have the evidence. I would assume you agree with this.

Thanks -c an't say it enough.