Cabot Financial

[deeky81]

Hello,

I am looking for a little information if possible.

My niece has gotten herself into trouble with catalogues etc. She's managed to pay off most of them and I've had some of them removed using the information here and from the CAG.

There is one in particular that we're struggling with. My niece opened up an account and fell into arrears. The account would now be statue barred (originally opened in 2003 defaulted in 2005) but Cabot Financial are now claiming that she owes them the debt as they've created an account for her.

Am I right in thinking that she doesn't have to pay this as she has never signed any agreement with Cabot or acknowledged the debt (I've sent all of the letters on her behalf) - she's getting worried because they've now passed it onto MacKenzie Hall who are allegedly visiting her, I've explained that they can't unless she makes an appointment with them.

How do I get Cabot to remove the debt, as they say the account with them is still active and is adding interest onto it monthly?

Thanks,

Derek

[FlamingParrot]

Re: Cabot Financial

It doesn't matter whether Cabot own the debt, if there's been no payment or written acknowledgment since 2005, it is now well and truly Statute Barred! You may want to send Cabot the SBd letter so they stop harassing you as per OFT guidelines:

Reference/Account

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,

[deeky81]

Re: Cabot Financial

Thanks for that. I had thought about sending the SBd letter but wasn't sure.