Cabot old credit card debt

[Dobbs2010]

Hi any advice would be greatly appreciated.

I've recently received a letter from Cabot Financial about a Mint credit card that was disputed back in 2010, as it was believed by a solicitor it was an unlawful agreement due to errors in the agreement. The debt no longer shows on my credit file and Mint stopped pursuing me for it some time ago.

The letter I received was in 2 parts, a letter from Cabot themselves on Cabot letter head, and a letter which is allegedly from RBS giving notice that the debt has been sold on to Cabot Financial UK. However the letter from RBS has a very similar layout as the Cabot letter, also down the left edge of the paper is a printer id from which the letter was printed which starts CAB103, so it looks like Cabot have printed this letter. Both letters were also in the same envelope. I need to find all the original paperwork from the solicitor which I think is in the loft somewhere, but I was instructed by the solicitor to stop paying the debt I think sometime towards the end of 2010.

I received these letters back in May, and have received 2 more since, I haven't contacted them or acknowledged any of these letters, but am now unsure how to proceed.

Thanks again in advance for any advice offered.

[Kati]

Re: Cabot old credit card debt

tagging [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Cabot old credit card debt

Good afternoon, welcome to LB,

1. The " Notice of Assignment can be sent by the original creditor and/or the debt purchaser, when debts are sold in portfolio lots often the debt purchaser is authorised to print and send an NOA on behalf of the creditor.

2. What was the dispute?

3. Do you know when the account was defaulted or when the last payment or written acknowledgment was made to this alleged debt..

4. If you can please post copies of the letters here after removing your name and address and any account numbers. If have any problem in doing this I'm sure [MENTION=49370]Kati[/MENTION] will be able to help you.

nem

[Dobbs2010]

Re: Cabot old credit card debt

Good afternoon, welcome to LB,

1. The " Notice of Assignment can be sent by the original creditor and/or the debt purchaser, when debts are sold in portfolio lots often the debt purchaser is authorised to print and send an NOA on behalf of the creditor.

2. What was the dispute?

3. Do you know when the account was defaulted or when the last payment or written acknowledgment was made to this alleged debt..

4. If you can please post copies of the letters here after removing your name and address and any account numbers. If have any problem in doing this I'm sure @Kati will be able to help you.

nem

Ref point 1, thank you I thought they were trying to be sly.

2. I'll find the original paperwork, but I believe the solicitor stated the agreement was unenforceable due to errors in the agreement.

3. Again I'll know better when I find the original paperwork.

4. I'll scan and post the letters shortly.

Thanks
Dobbs

[nemesis45]

Re: Cabot old credit card debt

Ref point 1, thank you I thought they were trying to be sly.

2. I'll find the original paperwork, but I believe the solicitor stated the agreement was unenforceable due to errors in the agreement.

3. Again I'll know better when I find the original paperwork.

4. I'll scan and post the letters shortly.

Thanks
Dobbs

OK Dobbs,

Tag :@nemesis45 and I'll pick up on the thread if not this evening first thing in the morning.

nerm

[Dobbs2010]

Re: Cabot old credit card debt

@nemesis45

Here are the letters I received. Will dig older documents out tomorrow night after work.



Regards
Dobbs

[nemesis45]

Re: Cabot old credit card debt

@nemesis45

Here are the letters I received. Will dig older documents out tomorrow night after work.

[ATTACH=CONFIG]25542[/ATTACH][ATTACH=CONFIG]25543[/ATTACH][ATTACH=CONFIG]25544[/ATTACH][ATTACH=CONFIG]25545[/ATTACH]

Regards
Dobbs

Hello Dobbs,

Every one of those is a standard template begging letter, Cabot are usually very quick to issue court claims this lot makes me think they are on thin ice.

It'll be easier to judge once we have seen all the correspondence.

nem

[Dobbs2010]

Re: Cabot old credit card debt

Forgot to say they rang me the other day too, but I refused to go through security questions and wouldn't speak to them.

[Diana M]

Re: Cabot old credit card debt

it was believed by a solicitor it was an unlawful agreement due to errors in the agreement.

Can you clarify whether you've previously instructed a solicitor and/or whether that solicitor is still instructed but you are seeking a second opinion on what to do next from the forum.

Or was this legal advice given to you by a Claims Management Company etc?

Di

[Dobbs2010]

Re: Cabot old credit card debt

It was Emmetts solicitors who were advising me and acting on my behalf initially, all got a bit confusing at one point to be honest. Like I said though was instructed to stop paying nearly 6 years ago and this has come out of blue.

[Diana M]

Re: Cabot old credit card debt

It was Emmetts solicitors who were advising me and acting on my behalf initially, all got a bit confusing at one point to be honest. Like I said though was instructed to stop paying nearly 6 years ago and this has come out of blue.

I'm glad I asked that question

If you were given legal advice by Emmetts Solicitors to stop paying a debt because they (the firm) believed your debt to be "unenforceable" and they were wrong in their advice (yet to be decided in court) then you may need to revisit that situation.

Have you Googled Emmetts track record or checked out any complaints about them to the SRA?

On a positive note if you've not made any payments for six years (what evidence do you have of that?) then this debt may be statute barred.

Di

[Diana M]

Re: Cabot old credit card debt

I've recently received a letter from Cabot Financial about a Mint credit card that was disputed back in 2010, as it was believed by a solicitor it was an unlawful agreement due to errors in the agreement.

. . . I received these letters back in May, and have received 2 more since, I haven't contacted them or acknowledged any of these letters, but am now unsure how to proceed.

Why not send a CCA request to Cabot to hopefully prevent things from escalating.

Unless you've already sent a CCA request to Mint via Emmetts solicitors which was deemed to have not been complied with ?

If that's the case Cabot won't know that unless you tell them.

Relying on a debt being statute barred is fine if you are 100% sure it is. From what you say this could be a touch and go situation datewise.

When did you make your last payment towards this debt ?

Di

[Dobbs2010]

Re: Cabot old credit card debt

Why not send a CCA request to Cabot to hopefully prevent things from escalating.

Unless you've already sent a CCA request to Mint via Emmetts solicitors which was deemed to have not been complied with ?

If that's the case Cabot won't know that unless you tell them.

Relying on a debt being statute barred is fine if you are 100% sure it is. From what you say this could be a touch and go situation datewise.

When did you make your last payment towards this debt ?

Di

Am going to find original paperwork when I get in from work this evening, so will know more then. Thanks for your advice.

[Dobbs2010]

Re: Cabot old credit card debt

[MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION]

Have found original letters from solicitors.

I was instructed by Emmetts on 6/10/2010 to stop paying Mint, after over a year of formal requests for a copy of my credit agreement, RBS could not provide one. The last payment I made to Mint was for £10 on 1/10/2010, after which no more payments were made, October 2010 was also the last time I received a statement from them. The solicitor also made requests around this time for the debt to be removed from my credit file with all the major credit checking agencies, and as previously stated this debt has not shown on my credit file for many years now.

[nemesis45]

Re: Cabot old credit card debt

@nemesis45 @Diana M

Have found original letters from solicitors.

I was instructed by Emmetts on 6/10/2010 to stop paying Mint, after over a year of formal requests for a copy of my credit agreement, RBS could not provide one. The last payment I made to Mint was for £10 on 1/10/2010, after which no more payments were made, October 2010 was also the last time I received a statement from them. The solicitor also made requests around this time for the debt to be removed from my credit file with all the major credit checking agencies, and as previously stated this debt has not shown on my credit file for many years now.

Hi,

From what you say the debt is Statute Barred.

Personally I would write to Cabot now along the lines of:

Date
Ref: use the one on their letters.

Sir/ Madam,

I refer to correspondence from Cabot in which it is claim I am indebted to Cabot in the sum of £xxx.xx alleged arising from an account with xxxxxx.

Please take note I do not acknowledge any liability to Cabot Financial.

After reviewing my credit history I have concluded the alleged debt is Statute Barred under the provisions of the Limitation Act 1980, given this information I formally state that I will not make any payment or offer of payment in regard to the alleged debt.

I know require Cabot Financial to cease all contact with me after it is confirmed in writing that the alleged debt is statute barred and Cabot has closed the file on this matter.

Yours etc.

Use signed for post and check delievery.

nem