2004 debt and cabot

[Curlyben]

Re: 2004 debt and cabot

At the end of the day, if they can prove that this alleged debt is indeed valid, then it's time to make an arrangement, BUT until now they have done nothing of the sort, despite being asked repeatedly.

just wait and see what the s5 produces, I bet it's similar to the Lowell's one

[dantheman]

Re: 2004 debt and cabot

Totally agree - I have just received another letter from Lowell asking to be helpful and saying Make us an offer!!!

Lowell still haven't replied to the s.5 and your suggested follow up s5. - From now on I am just going to ignore their communications. They, I am sure as you have just said, have nothing or they would be threatening court action. So as Brian, ODC and Tom Thumb have said - SIT TIGHT AND HIT BLACKOUT. Will let you know If I get another wave from Cabot.

[dantheman]

Re: 2004 debt and cabot

Here is the latest burnt offering from Lowell in reply to the follow up s.5 statute barred. This time from Lowell Portfolio after they had passed it to their debt collection agent - who seems to be passing it back to them and now they are threatening to pass it back one more time to LF if I don't comply in 14 days. As you said - why not do something about it? Should I threaten to contact the OFT?

D

Your account is not legally unenforceable under the Limitations Act 1980 on the basis that a default notice was served on you by Capital One on the 18th March 2005.

Section 5 of the Act mentioned says that following the date when a cause of action arose for payment debt, any creditor such as Lowell Portfolio 1 Ltd has a period of six years to enforce such a right to payment. The date of the default notice is when the debt in this matter became due for payment in full and the period from which Lowell Portfolio 1 Ltd has to enforce their right to payment in the absence of payment or written acknowledgment being made by you in between this date. etc.

[Curlyben]

Re: 2004 debt and cabot

*Yawn*

I think you know where this belongs

[dantheman]

Re: 2004 debt and cabot

Oh yes. You have to admire their tenacity though. Poor Ms. Bernard must have a different desk in every office - she must waste hours running from one to another. 1st Floor - ladies linguery Lowell Portfolio, 2nd floor Hardware and Lowell Financial!

[pt2537]

Re: 2004 debt and cabot

utter nonsense, if that were true creditors would never issue a default notice and thus avoid limitation and also then only claim arrears

tosh that,

Take to toilet, replace the andrex with that letter, and the next time you have a good curry, use it in the aftermath

[MIKE770]

Re: 2004 debt and cabot

utter nonsense, if that were true creditors would never issue a default notice and thus avoid limitation and also then only claim arrears

tosh that,

Take to toilet, replace the andrex with that letter, and the next time you have a good curry, use it in the aftermath

Note: - Do not loose the letter two Turds of the way.!!!:rip2:

[ODC]

Re: 2004 debt and cabot

This excuse used to be a favourite of Crapbot but when I invited them to proceed with a court case on that basis they declined. They faffed about so much that it eventually became Statute Barred even by their reckoning.

[dantheman]

Re: 2004 debt and cabot

Chaps,

One thing is for sure, they really live up to the name you give them - Leeds Losers! They have given me 14 days and then it will be given to Lowell Finance. That takes it to 3rd March. Then they can send me another threatening letter which will give me at least another 7 day and then they can send the reminder and threat of court and it should be around the 20th March the day after their soooo called default notice.

That vinderloo is looking mighty inviting!!!

Re: Cabot sent the s.5 on the 8th February. They haven't sent an email and I haven't heard as yet - BUT I will. If it's true that Barclay's has invested so much into the company - I guess they will chase everything with full vigour.

[dantheman]

Re: 2004 debt and cabot

I have just received a third email letter from Cabot regarding the other account with them for with Monument - This is the one I paid £10 when they caught me on the phone in the first instance..

This has had breaches identified and was originally part of the Kerobo nightmare. The last PAPER letter they sent me was 2nd and 26th July To which they said the breaches were not applicable under s61 or s127 and quoted s189(4) stating that the document embodies a provision is set out either in the document itself or in another document referred to in it and as such the T&C are referred to in the declaration box... Whatever that means.

As they are only sending emails, I have not responded - would you agree that this is the policy and or is there a letter template for the identification of breaches - I can upload the information regarding the breaches and or the agreement.

I have had no further replies to the others regarding the s5 at the moment.

[Curlyben]

Re: 2004 debt and cabot

E-mails are meaningless in this context.
Hardcopy or NOWT

[dantheman]

Re: 2004 debt and cabot

Cabot have sent me a letter demand regarding the Monument - they replied to the s77/78 last July when they sent a copy of The Reply Card and T & C along with a statement that shows they have taken £10 from my current account on 12/10/09.

I checked up on the BBC news regarding the Manchester Waksman ruling and he stipulated that:

• a copy of the loan agreement must contain the name and address of the borrower as it was at the time it was signed.
• if an agreement has been subsequently varied by the lender, then the lender is obliged to supply a copy of both the original agreement as well as the current one.

In the case of the Monument there is no address or name on it. I could upload the information if you think it worth a look?

Cabot have also after 6 weeks sent me a reply to my statute barred for the Abbey and they have sent me a transaction sheet stating payment taken of £10 on the same day as the Monument. So it's not SB - But when they instigated the £10 for monument they ceased charging interest - in the case of the Abbey they didn't?

The other thing I have is the copy of confirmation and CCA sent to me last August. On this CCA it does include the address but not my name according to the Waksman case. This is definitely the original CCA. Should I post this too?

So in light of the above - what is the best course of action? Would you suggest sending an SAR for all information and see if there is grounds to see if they have sneakily activated the clock themselves?

I was sure the Abbey was SB depressing.

[Algee]

Re: 2004 debt and cabot

Dan

Have you checked your current account to see if they did take two payments of £10 - it was only 18 months ago, so it should not be too hard. I assume they used your debit card, so can they produce proof that you allowed them to use it for an Abbey payment?

I would definately send an SAR.

Alan

[dantheman]

Re: 2004 debt and cabot

Thanks - Just checked my bank account and they took 3 x £10 on the same day. Not good.
Off to post office with SAR.

[dantheman]

Re: 2004 debt and cabot

I thought ODC might like this. After sending the second SB letter on 5th February to Lowell Portfolio - Suprise, suprise they passed it back to Lowell Financial to say - make us an offer. I ignored as you said. And Low and Behold I now have a RED letter - yes from red but in red. It reads the same as the Recovering What You Owe!!!!

So I thought, the last letter they stated it wasn't statute barred until the date of Default Notice had passed 6 years. Well that passed on 19th March. - This letter is 21st March. So I thought I'd send Red a SB letter.

ODC you are so right about the Leeds Losers. They think changing desks is intimidating. They need to go and get a few lessons from Cabot!