Statute Barred in a year please help

[winner12]

Hi
I have a debt with Cap 1 that has been in dispute for 5 years no CCA and SAR request done too to find out what they did hold on me ,I received a letter this morning to say they had sold my Debt to Cabot assignment enclosed the debt is for £4225 .
My question is when Cabot write to me do I just tell them its in dispute would this affect my Statute Barred I have not had any dealings with CAP 1 since the end of 2010

[nemesis45]

Re: Statute Barred in a year please help

Hello Winner,
The first thing you do if Cabot contacts you is send them a CCA request.
Cabot will not be aware of any dispute and likely will not be interested in it.
Cap 1 should still have complied with a CCA request sold debt or not.
An admission of liability affecting the Limitation of a debt must be an
unequivocal written admission, requests for information i.e. CCA Request and
SAR's are not admissions of liability.
Has the data been supplied for your SAR?

nem

[winner12]

Re: Statute Barred in a year please help

Yes I got all the info back in 2010 but no CCA was ever sent I have not paid or had any communication since until today
Im a little confused now if the original creditor does not send the original CCA and never have why do I have to send a request to the new owner of the debt and how does account in dispute work once the debt is sold on

[nemesis45]

Re: Statute Barred in a year please help

Yes I got all the info back in 2010 but no CCA was ever sent I have not paid or had any communication since until today
Im a little confused now if the original creditor does not send the original CCA and never have why do I have to send a request to the new owner of the debt and how does account in dispute work once the debt is sold on

Cabot will not know anything about what has happened with Capone.
The new owner as said will not know of any dispute or the status of the debt in relation to the Limitation Act 1980.
Cabot are extremely litigious and non compliance with a CCA request is a bar to enforcement.
No doubt Cap1 considers there was no valid dispute and sold it on.

nem

[winner12]

Re: Statute Barred in a year please help

So I shall wait for Cabot to get in touch and I will be back when they do thanks for your help

[nemesis45]

Re: Statute Barred in a year please help

So I shall wait for Cabot to get in touch and I will be back when they do thanks for your help

Certainly no need to draw their attention now.

nem

[FlamingParrot]

Re: Statute Barred in a year please help

Hi
I have a debt with Cap 1 that has been in dispute for 5 years no CCA and SAR request done too to find out what they did hold on me ,

When you sent the CCA request to Cap One, did they reply saying they didn't have a copy of the agreement? Or they just didn't reply? When did you take out this card?

I received a letter this morning to say they had sold my Debt to Cabot assignment enclosed the debt is for £4225.

WHO was the name of the new owner on the assignment notice? Was it Cabot Financial (UK) Limited? Or was it any other name (Such as Cabot Europe, Cabot Marlin, etc.)?

My question is when Cabot write to me do I just tell them its in dispute would this affect my Statute Barred I have not had any dealings with CAP 1 since the end of 2010

Saying that the alleged account has been in dispute due to non-compliance with a CCA request for a number of years shouldn't be an acknowledgment of the debt, as long as you word it properly.

Yes I got all the info back in 2010 but no CCA was ever sent I have not paid or had any communication since until today
Im a little confused now if the original creditor does not send the original CCA and never have why do I have to send a request to the new owner of the debt and how does account in dispute work once the debt is sold on

You don't HAVE to send a new request to Cabot, when they contact you, you can just say Cap One never complied with your request. :thumb:

[nemesis45]

Re: Statute Barred in a year please help

The account in dispute scenario make no difference the OC simply considered
there was no dispute and sold the debt on to Cabot.
Whole new situation telling Cabot the OC could not/did not supply an agreement
is really pointless as it will most likely be ignored.
nem

[FlamingParrot]

Re: Statute Barred in a year please help

The account in dispute scenario make no difference the OC simply considered
there was no dispute and sold the debt on to Cabot.
Whole new situation telling Cabot the OC could not/did not supply an agreement
is really pointless as it will most likely be ignored.
nem

I would only do that if they contacted them, of course. In fact, what you describe above is precisely what I've done a number of times and it seems to have worked as I've not heard a peep in over three years, so I see no reason not to suggest it as a course of action.

[winner12]

Re: Statute Barred in a year please help

UPDATE
Hi just got letter front Cabot financial looking into my debt to see if they will be taking legal action so it may be time to get in touch with them what do I put without jeopardising my statutory barred clock which has abut 10 months left to the six years been up it was taken out in about 2000 and they sent a recon when I sent a CCA Request I sent a SAR on advise of another site back in 2010 but no other onto shed light on a CCA please help I would like to dispute but don't want to admit anything

[winner12]

Re: Statute Barred in a year please help

BUMPING

[Kati]

Re: Statute Barred in a year please help

:bump2: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Statute Barred in a year please help

:bump2: for @nemesis45 xx

Got it [MENTION=49370]Kati[/MENTION] Thanks xx

[nemesis45]

Re: Statute Barred in a year please help

UPDATE
Hi just got letter front Cabot financial looking into my debt to see if they will be taking legal action so it may be time to get in touch with them what do I put without jeopardising my statutory barred clock which has abut 10 months left to the six years been up it was taken out in about 2000 and they sent a recon when I sent a CCA Request I sent a SAR on advise of another site back in 2010 but no other onto shed light on a CCA please help I would like to dispute but don't want to admit anything

Hi it would help if you could post a copy of Cabot's letter here so we can see the way it's phrased.

nem

[winner12]

Re: Statute Barred in a year please help

Thanks nemesis
We write further to our recent letter.
As you have been unable to agree a reasonable repayment plan for your above debt your account will now be reviewed to determine whether we should commence legal action against you.

To prevent the risk of legal action occurring, you must contact us to agree an acceptable repayment proposal within the next 10 days.

NEXT STEPS

This is a serious matter and should legal action be determined to be appropriate,you may incur legal costs on your account.

We therefore look forward to hearing from you