**Case Closed** Cabot Calling Me

[labman]

Re: Cabot Calling Me

I agree, but it should be conclusive. Once a debt becomes SB it should become non-collectable rather than just unenforceable, as the further down the DCA chain accounts go the more unscrupulous they become.

One letter should see off a DCA over a UE debt. I believe in Scotland the debt is extinguished after 5 years, that should be the case here too, but it isn't. The 'should be' and 'is' are two very different things.

[CD36]

Re: Cabot Calling Me

Again, in general I would agree, but as I stated earlier I wasn't even aware of the DNs until a few months ago, as they were registered at an address I left several years before they were recorded. Until the calls started I'd never had any form of contact with them, so can only guess what they're in connection with.

[FlamingParrot]

Re: Cabot Calling Me

Not had a call for more than a week now and nothing in the post either. The DNs have cleared from my file too. They never left a message when they called so I'll assume they were fishing.

It's a common misconception perpetrated by other sites, that when a debt doesn't show up on your credit file, it must be SBd. When payments are made after the default is recorded, this is not the case. :sad:

Once an account becomes SB, although court action is always possible, they have to show a very good reason why they didn't take action within the 6 year period leading up to it becoming SB. This is unlikely.

This is more to do with a CCJ that hasn't been enforced in 6 years or more, the creditor would have to show the court there's a very good reason they haven't sought to enforce in such a long time.

With a SBd debt, they can issue a claim because claims are submitted online and not checked by anyone, also the way debts are sold in bulk without paperwork, even the DCA itself may not know whether it's SBd or not. However, SBd is an absolute defence. :thumb:

I agree, but it should be conclusive. Once a debt becomes SB it should become non-collectable rather than just unenforceable. Typically the further accounts drop down the DCA chain the more unscrupulous they become, and the fact they could still gain a default judgement without a valid agreement, or proof of payment is of great concern.

It becomes non-collectable. Debts can be unenforceable even when they are not SBd. If a claim was issued on a SBd debt, the fact that's SBd would be an absolute defence. If a claim was issued at an address you no longer reside it, you could have it set aside on those basis. One important consideration for having a CCJ set aside is having a good prospect of defending the claim, and what could be better than it being SBd at the time the claim was issued. :grin:

[CleverClogs]

Re: Cabot Calling Me

I believe in Scotland the debt is extinguished after 5 years,

No, laddie - all that is extinguished in Scotland (by the Prescription and Limitations (Scotland) Act 1973, ye ken) is the obligation to repay the debt. The debt still remains until it is repaid by the debtor or forgiven by the creditor but, after five years with neither payment nor written acknowledgement of the debt and no action by the creditor to obtain judgement, the debtor is under no further obligation to pay anything.

I understand that, in Eire, a SB debt is not only uncollectable, it may be an imprisonable offence to try to collect such an alleged debt.

[CleverClogs]

Re: Cabot Calling Me

It's a common misconception perpetrated by other sites, that when a debt doesn't show up on your credit file, it must be SBd.

Anywhere in mind? :rofl:

SBd is an absolute defence.

Not always - see section 32 (link) of the Limitation Act 1980.

[FlamingParrot]

Re: Cabot Calling Me

Anywhere in mind? :rofl:

Absolutely, but you got the colour wrong :lol: :grin:

ANot always - see section 32 (link) of the Limitation Act 1980.

Always the 'optimist', uh?

[CD36]

Re: Cabot Calling Me

Resurrecting this as I've just had a letter from them (Cabot) claiming I owe over £10k to Barclaycard. I'm assuming this is what they raised the DN against me for in 2007, which I discovered just before I started this thread nearly 2 years ago. I do recall having a Barclaycard in the late 90s but I've certainly not made any payments for at least 7 or 8 years, and certainly never to Cabot.
What's my plan of action? Ignore it as a fishing letter or contest?

[nemesis45]

Re: Cabot Calling Me

Hi,

Is this the first contact from Cabot?

A CCA request to Cabot asap.

No not a phishing letter!! Cabot will issue a court claim if there is no response so care is needed.

If you are confident that there have been no payments for 7-8 years and no written acknowledgment of the debt then it's statute barred.

So the following should sort them out, it does not admit any liability! Amend where needed.


Date:

Ref: Use Cabot's

Sir/ Madam,

I write in regard to a letter from Cabot dated:,,,,,,,,,,,,,,,,,,,,,,,,: in which Cabot alleges that I am in indebted to it for an alleged sum of £10K originating from an account with Barclaycard.

Please note I do not acknowledge any debt to Cabot or any company it may claim to represent.

I thank Cabot for prompting me to review my credit history this has caused me to conclude that the alleged debt is statute barred therefore no payment or offer of payment will be made now or in the future.

Please be aware that I have made meticulous checks on this matter and no payments or acknowledgments have been made in relation to this alleged debt for at least 7 years.

I now require Cabot to close the file on this matter and to confirm in writing that it has done so within 7 days from the date hereon.

send a CCA request under separate cover.

nem

[CD36]

Re: Cabot Calling Me

Thanks. As I stated when I started the thread in 2013 they issued a DN against me in 2007 at an address that I left 12 years ago. I only discovered this when I checked my file after receiving a random phone call from them at the time. I've not had any contact since, and have certainly never paid any money to them as I was unaware that they even had the account until then.

[nemesis45]

Re: Cabot Calling Me

Go for it get rid of them!!

nem

[CD36]

Re: Cabot Calling Me

I've sent them a CCA request (with £1 PO) and SB prove it letter by Special Delivery. So I'm guessing the 12 days starts from Tuesday.
I checked the DN details and there are two accounts but their letter only mentions one, so I'm guessing I'll be repeating the process again soon. Also the amount tallies but the account number doesn't?
Also, Is it worth sending a SAR to Barclaycard as it's all so long ago I'd like to see what information they would have passed on and when?
Assuming this is relevant does anyone have the correct address and payment details for this?

[nemesis45]

Re: Cabot Calling Me

Certainly worth a try, although records are kept for 6 years after an account is closed we do know Barclays have come up with older data when pressed.
nem

[CD36]

Re: Cabot Calling Me

I completed an online SAR request yesterday which they've acknowledged by email. When is an account considered closed, is it when the default notice is issued?

[nemesis45]

Re: Cabot Calling Me

An account is closed when the creditor " Terminates" the agreement.
Did you pay the £10 statutory fee with a debit/credit card, if so make a careful note of the transaction day date & time it was made it is no unknown for DCA's to credit the payments to the debt.

nem

- - - Updated - - -

An account is closed when the creditor " Terminates" the agreement.
Did you pay the £10 statutory fee with a debit/credit card, if so make a careful note of the transaction day date & time it was made it is no unknown for companies to credit the payments to the debt.

nem

[CD36]

Re: Cabot Calling Me

I made the SAR request online direct to Barclaycard and they call to collect payment if applicable.