Cabot old credit card debt

[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

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

[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

[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

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

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

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.

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

[nemesis45]

Re: Cabot old credit card debt

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

nem
.

[Dobbs2010]

Re: Cabot old credit card debt

Would you agree on sending CCA [MENTION=55034]nemesis45[/MENTION] ?

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

nem
.

[Dobbs2010]

Re: Cabot old credit card debt

@nemisis45
@Diana M

Before I send it, this is the CCA I found in one of the sticky threads, is this ok?

Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully


Thanks
Dobbs

[nemesis45]

Re: Cabot old credit card debt

@nemisis45
@Diana M

Before I send it, this is the CCA I found in one of the sticky threads, is this ok?

Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully


Thanks
Dobbs

Hello Dobbs,

That old template is useless .

A CCA request is limited to a Copy of or a reconstituted copy of an agreement and a Current statement of the account (Not a detailed historic statement).

The Deed of Assignment is the commercially sensitive and confidential contract between the creditor and a debt purchaser very occasionally a court may order one to be disclosed by they heavily redact such documents so useless really.

Use the LB template in the green box.

nem

[Dobbs2010]

Re: Cabot old credit card debt

Thanks nem, sorry but where is the template/green box?

Dobbs

Hello Dobbs,

That old template is useless .

A CCA request is limited to a Copy of or a reconstituted copy of an agreement and a Current statement of the account (Not a detailed historic statement).

The Deed of Assignment is the commercially sensitive and confidential contract between the creditor and a debt purchaser very occasionally a court may order one to be disclosed by they heavily redact such documents so useless really.

Use the LB template in the green box.

nem

[Amethyst]

Re: Cabot old credit card debt

It should be at the top of the page now - I've just moved your thread to the right forum for you xx

| CCA Request


I'll also have a look for that letter and squish it - edit: DONE

[Dobbs2010]

Re: Cabot old credit card debt

Sorry box wasn't showing on iPad, found it.