Cabot claim not Statute Barred.

[spud1]

Cabot are claiming that a debt I have and last paid in March 2009 is not Statute Barred as I had written to them in 2013 to tell them that the CCA was not enforceable.
They say that this has acknowledged the debt, so it restarts the clock.
Surely this cannot be correct.

[Kati]

Re: Cabot claim not Statute Barred.

Cabot are claiming that a debt I have and last paid in March 2009 is not Statute Barred as I had written to them in 2013 to tell them that the CCA was not enforceable.
They say that this has acknowledged the debt, so it restarts the clock.
Surely this cannot be correct.

can you recall what you wrote in the CCA?? Was it based on a template from here or another forum??

:bump:ing [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION]

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can you post up a redacted copy of Cabot's letter?? Or email it to me and I will (see my signature) xx

[nemesis45]

Re: Cabot claim not Statute Barred.

Cabot are claiming that a debt I have and last paid in March 2009 is not Statute Barred as I had written to them in 2013 to tell them that the CCA was not enforceable.
They say that this has acknowledged the debt, so it restarts the clock.
Surely this cannot be correct.

As [MENTION=49370]Kati[/MENTION] implies all will depend on the wording of your letter.

Using / referring to my agreement/ my account /my debt or similar may be considered acknowledgment.
If you referred to an alleged debt, or stated for example that you did not acknowledge any debt to Cabot then it cannot be seen as accepting liability.

However stating plainly that an agreement is unenforceable without and other reference to liability/ownership of the debt would no to my mind amount to acknpwledgment.

nem

[spud1]

Re: Cabot claim not Statute Barred.

Thanks for the replies, guys.
When looking at my letter to them again, I suppose it could be construed as they say.
however, as the is no CCA, it does not really matter.
The letter , sent to Metropolitan Collection Services read:
"I write in reply to your letter dated 23/4/13
I am glad that you have confirmed that I am still under the protection of the Consumer Credit Act as far as the small business loan is concerned.As this is the case, I would ask yet again for HSBC to supply the correctly executed credit agreement for this loan.
I have asked for this on a number of occasions, but HSBC have informed me,by process of a SAR that they could not locate the agreement and that they were also unable to reconstruct it.
I am sure that you will agree that if after all this time they were able to either find or reconstruct this agreement, serious questions would be asked.
This would make the vast majority of this debt unenforceable,so I await your comments on this.
As for the other part of your letter where you state that the current account was £1826.66 in debit, I also dispute this.
I last used this account on 30 March and at this time the balance was £21.64 in debit.I can only imagine that the rest of this so called balance was made up of charge which I believed to be illegal. In fact, the bank agreed with me to the extent that they sent me a cheque for for £3007 on 20 November 2009 as I was going to take them to court.
I now intend sending a copy of this letter to Marlin Europe who now own this non-existent debt as their last correspondence to me dated 21 March 2013 stated that the debt was not regulated under the Consumer Credit Act 1974"

[spud1]

Re: Cabot claim not Statute Barred.

Can any body help pleas?
Sorry about the previous long post.I couldn't find how to upload my letter.
As a matter of interest, where I said that " I last used this account on 30 March........" this was 30 March 2008 and it was a current account I had with HSBC and was not the account that was subject to my CCA request, so I was not acknowledging the account in question. Hope this helps explain.

[nemesis45]

Re: Cabot claim not Statute Barred.

Can any body help pleas?
Sorry about the previous long post.I couldn't find how to upload my letter.
As a matter of interest, where I said that " I last used this account on 30 March........" this was 30 March 2008 and it was a current account I had with HSBC and was not the account that was subject to my CCA request, so I was not acknowledging the account in question. Hope this helps explain.

The start of the Limitation Act 1980 relevant 6 year period for a bank account or overdraft can be said to start when the creditor issued a Formal Demand for Immediate Repayment of the Outstanding Balance in Full. (usually said to " Calling In the OD.)

You should require Cabot to explain in full what the mystery payment was, when exactly it was made and by whom it was paid.

nem

[spud1]

Re: Cabot claim not Statute Barred.

Hi Nemesis45,
Thanks for your reply, but I think that you are confusing my case with another that I commented on.
There has been no payment made on this account since March 2009.
The mention of a bank account in my post is because HSBC transferred all of my business loan on to my then business bank account after I had closed it down.
This part is not a problem now as Cabot now realise that the loan was covered by the Consumer Credit Act, wheras the small debit balance on the bank account was not.
Cabot are saying that the above letter I wrote in 2013 acknowledges the debt and therefore resets the clock.
Interestingly, this debt is not shown on my current rating, but I rechecked an older copy and it showed on that with a Default Date of 8/6/2009.

[spud1]

Re: Cabot claim not Statute Barred.

Hi All,
Any help would be appreciated.

[charitynjw]

Re: Cabot claim not Statute Barred.

Are you sure 'Marlin' owns it?

Have you had a NoA citing them as an assignee?

[spud1]

Re: Cabot claim not Statute Barred.

Hi charitynjw,
I do have the NoA from Marlin/Cabot, undated,but probably sent on 27/2/2013.
They definetely own this alleged debt.

[spud1]

Re: Cabot claim not Statute Barred.

Bump please.

[charitynjw]

Re: Cabot claim not Statute Barred.

IMHO

I don't think your letter is acknowledging the debt; it appears to only obliquely reference the fact.

Others may think differently.

Unfortunately, I'm not a judge.

[spud1]

Re: Cabot claim not Statute Barred.

Thanks for your help charitynjw