Statute Barred in a year please help

[nemesis45]

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

What concerns me is the " reconstituted" agreement all ready supplied!
Is it compliant with CCA 1974? Is it likely to be produced if Cabot issues a claim..
Do you still have this recon?

Does it have your name and address as it was when the account was opened?
Does it have the creditors name and address " " " " "?
Do you have the original Ts & Cs AND The Final Ts & C?
Are there any notes on amendments to he agreement.?
Were you sent a signed current statement of the account?

nem

[winner12]

Re: Statute Barred in a year please help

If that's the case why have Cap 1 never collected or taken me anywhere near a court

[nemesis45]

Re: Statute Barred in a year please help

If that's the case why have Cap 1 never collected or taken me anywhere near a court

Capone like most of the credit card providers prefer to sell delinquent accounts, it takes up less time, and effort and their delinquent account records look decidedly better, the overall loss if any is negligible.

nem

[winner12]

Re: Statute Barred in a year please help

May be they do but it still does not mean it could go to court surely I did think a recon only satisfies the CCA Request and they would still need the original which should be included in the SAR request but it never appeared they never chased me .

[nemesis45]

Re: Statute Barred in a year please help

May be they do but it still does not mean it could go to court surely I did think a recon only satisfies the CCA Request and they would still need the original which should be included in the SAR request but it never appeared they never chased me .

There is in fact no specific obligation to supply an agreement with as SAR and many creditors do not provide them.
A judge would decide if a recon is enforceable.
An agreement signed prior to April 2007 would require the agreement to be produced.

[winner12]

Re: Statute Barred in a year please help

HI nemesis
Thanks sorry it came across a bit sharp but it's from 2000 roughly so 15 years old I am at this moment digging out the recon but i wondered if I could dispute without starting the statute barred clock that was all
I have done it with other debts I do remember Cap 1 saying it was the original but I did write and tell them I was disputing think that was the norm a few years back and they never wrote again which is what I can't get my head round

[nemesis45]

Re: Statute Barred in a year please help

HI nemesis
Thanks sorry it came across a bit sharp but it's from 2000 roughly so 15 years old I am at this moment digging out the recon but i wondered if I could dispute without starting the statute barred clock that was all
I have done it with other debts I do remember Cap 1 saying it was the original but I did write and tell them I was disputing think that was the norm a few years back and they never wrote again which is what I can't get my head round

No problem.
Accounts will lay dormant until:
Decisions are made by credit providers to sell delinquent accounts a portfolios worth millions in face value, chasing will cease when the sale starts but you should of course be given Notice of Assignment the creditor and / or the debt purchaser.

nem

[winner12]

Re: Statute Barred in a year please help

So what do I write to Cabot to get them off my back without restarting the clock

[winner12]

Re: Statute Barred in a year please help

Just Bumping

[nemesis45]

Re: Statute Barred in a year please help

Just Bumping

Good morning Winner,

Staving off Cabot for a year is not going to be easy, even
if the " original " agreement point is made Cabot can and
probably would seek to persuade a judge that on the balance
of possibilities that the liability subsists,

nem

[winner12]

Re: Statute Barred in a year please help

Thanks Nemesis
The only reason I am pushing this one is I have just managed to stop Lowell who have admitted they have no CCA and have closed my account so if it's the case should I go back to your first suggestion then and send off a CCA Request to Cabot would that set the clock at the beginning again

[nemesis45]

Re: Statute Barred in a year please help

Thanks Nemesis
The only reason I am pushing this one is I have just managed to stop Lowell who have admitted they have no CCA and have closed my account so if it's the case should I go back to your first suggestion then and send off a CCA Request to Cabot would that set the clock at the beginning again

Requests for information e.g. CCA Requests and Subject Access Requests do not constitute admission of Liability, when making the request always mark cheque or postal order " For Statutory Fee Only" make a photocopy and keep it for your record, in any correspondence refer to the alleged debt.

nem

[winner12]

Re: Statute Barred in a year please help

Hi quick update
Cabot sent my CCA request back the post office didn't make it payable to them it was blank so I wrote it out hope this was ok also I have been passed to Mortimer Clarke solicitors any advice please on what to do now
Thanks

[nemesis45]

Re: Statute Barred in a year please help

Hi quick update
Cabot sent my CCA request back the post office didn't make it payable to them it was blank so I wrote it out hope this was ok also I have been passed to Mortimer Clarke solicitors any advice please on what to do now
Thanks

Has MC contacted you?

nem

[winner12]

Re: Statute Barred in a year please help

No not yet just had a letter from Cabot saying they will be in touch