Cabot old credit card debt

[nemesis45]

Re: Cabot old credit card debt

Yes we are aware of the date the debt becomes statute barred thank you.

nem
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[Dobbs2010]

Re: Cabot old credit card debt

Thanks.

Dobbs

The forum has a CCA request template letter (we use our own one which I can't give you).

One of the Beagles will link you to their one I'm sure.

Di

[Diana M]

Re: Cabot old credit card debt

Thanks Diane, do you have a good CCA request template by any chance?

The forum has a CCA request template letter (we use our own one which I can't give you).

One of the Beagles will link you to their one I'm sure.

Di

[Dobbs2010]

Re: Cabot old credit card debt

Thanks Diane, do you have a good CCA request template by any chance?

Dobbs

This debt will not be SB until 1st October or even later if your solicitor subsequently acknowledged the debt on your behalf in correspondence.

Do not write anything to Cabot which may provoke them into issuing an immediate county court summons.

It's possible that the potential SB date flagged up on their database which is why they started writing to you in May in an effort to look as if they were 'playing nicely' before they issue legal proceedings.

I said earlier that sending a CCA Request may be the next step to buy time (and see what info they've got in their files). I remain of that view since filibustering is the way forward.

The debt falls off your CRA file six years to the day that the default was registered regardless of the last payment date which can be (and usually is) later than that if a DMP or ATP was involved.

Send a CCA request to Cabot pronto unless you are 100% confident that the response you got from Mint (no CCA available) is the case because you'd be relying on that in court. Do you have that Mint letter and could Cabot create a reconstituted CCA if needed?

Personally I see no harm in sending a fresh CCA request because it'll take them weeks (hopefully) to deal with your request by which time this debt may become SB.

Di

- - - Updated - - -

Yes that was the last contractual payment.

Was that your last contractual payment? In which case the SB date may not kick in until the following month when you missed a payment due.

* Please see my previous post if you missed it *

Di

[Diana M]

Re: Cabot old credit card debt

No, my last payment to them was 1st October 2010, never paid another penny after that

Was that your last contractual payment? In which case the SB date may not kick in until the following month when you missed a payment due.

* Please see my previous post if you missed it *

Di

[Dobbs2010]

Re: Cabot old credit card debt

No, my last payment to them was 1st October 2010, never paid another penny after that.

Dobbs

Sorry missed that date read it as 01/01 Were you making payments after the account was defaulted?

nem

[Diana M]

Re: Cabot old credit card debt

@Diana M.

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.

This debt will not be SB until 1st October or even later if your solicitor subsequently acknowledged the debt on your behalf in correspondence.

Do not write anything to Cabot which may provoke them into issuing an immediate county court summons.

It's possible that the potential SB date flagged up on their database which is why they started writing to you in May in an effort to look as if they were 'playing nicely' before they issue legal proceedings.

I said earlier that sending a CCA Request may be the next step to buy time (and see what info they've got in their files). I remain of that view since filibustering is the way forward.

The debt falls off your CRA file six years to the day that the default was registered regardless of the last payment date which can be (and usually is) later than that if a DMP or ATP was involved.

Send a CCA request to Cabot pronto unless you are 100% confident that the response you got from Mint (no CCA available) is the case because you'd be relying on that in court. Do you have that Mint letter and could Cabot create a reconstituted CCA if needed?

Personally I see no harm in sending a fresh CCA request because it'll take them weeks (hopefully) to deal with your request by which time this debt may become SB.

Di

[nemesis45]

Re: Cabot old credit card debt

Thanks nem. Quick question would I have not have to wait until 1st October for the 6 years to be up?

Sorry missed that date read it as 01/01 Were you making payments after the account was defaulted?

nem

[Dobbs2010]

Re: Cabot old credit card debt

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

Thanks nem. Quick question would I have not have to wait until 1st October for the 6 years to be up?

[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

[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.

[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.

[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

[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

[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.