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.

[Dobbs2010]

That letter simply says they would like to hear from you. Nothing more, nothing less.

I see no reason to reply.

Di

Thank you.

[Diana M]

Diana M

Got this letter today, I've never agreed anything with them at any point as I refuse to speak to them. Are these just begging letters at this point?

That letter simply says they would like to hear from you. Nothing more, nothing less.

I see no reason to reply.

Di

[Dobbs2010]

Diana M
nemesis45

Got this letter today, I've never agreed anything with them at any point as I refuse to speak to them. Are these just begging letters at this point?

[Dobbs2010]

Diana M
At this stage do I just ignore their letter and see if they write again? Thanks again for your previous help.

[Dobbs2010]

I can see from this post in 2016 that the owner of the debt is Cabot Financial (UK) Ltd which is unlicensed, so they'll have other legal challenges to face apart from whether any credit agreement is compliant.

Too much emphasis is placed solely on the credit agreement being enforceable (or not).

My firm won a case in court his morning where the Claimant had produced a signed document purporting to be the credit agreement. The form had been completed in the Defendant's handwriting too, but it was fatally flawed for other reasons. They lost a substantial claim and had to pay our legal costs

Secondly I see that you had instructed a solicitor at the time (2010) who advised you to stop paying. However the last payment date is not necessarily the moment when the Statute Barred clock stops ticking.

When did you cease to instruct the solicitor, did they write further to Mint which would be seen as an acknowledgment of the debt for SB purposes? etc etc.

Di

Thanks for reply, after Solicitor wrote to Mint and I stopped paying I don't think there were any further correspondence with them as they sold the debt on very quickly, I had a few different companies contact me before it ended up with Cabot .

[Dobbs2010]

Is it even enforceable after 7.5 years of non payment, and solicitors at the time said the agreement was unenforceable due to errors in it? More importantly can they get a CCJ against me?

[warwick65]

I would imagine there should be two sets of terms and conditions, one from when you signed the agreement and another of the ones in place at default if they had changed . There is not always two sets especially if the open and default dates are relatively close

In many cases I received one signed agreement and then a much clearer print of the defaulted terms - doesn't mean they have enough to enforce in court

[Dobbs2010]

A reconstituted agreement should say so and it will not have your signature on it. Basically it is a copy of what you would have signed and is allowed when sending a cca request.

It must be truthful and honest however the purpose of a cca request is to provide information and not as a means of proof.

The letter I received states it's a reconstituted true copy, one page has my signature on, but the rest of the agreement looks like a copy of some sort.

[warwick65]

A reconstituted agreement should say so and it will not have your signature on it. Basically it is a copy of what you would have signed and is allowed when sending a cca request.

It must be truthful and honest however the purpose of a cca request is to provide information and not as a means of proof.

[Dobbs2010]

Sorry I haven't read your thread properly but from what I can see you have not made a payment in over 6 years or acknowledged the actual debt . As such the debt should/could be statute barred

I am quite surprised they have now sent you what they claim to be the agreement - is it an original copy or is it reconstituted

I would not go telling them its statute barred at this point- just try to eek it out

Just because the letter says they now see it as enforceable doesn't actually mean they will do anything and if they do they should send a letter before action which would give you the opportunity to ask for some agreements etc

From my own experience with a Mint and RBS credit card sold to cabot possibly in the same batch as yours, the default notices were dodgy or at least arguably dodgy

I know there have been some site running that claim to be able to get debts written off but I would say at this point be reactive

Roughly how much do they say you owe ?

I am wondering if I will get similar letters now

Diana M

Please forgive my ignorance, but what is a reconstituted agreement, how would I tell?

[warwick65]

Sorry I haven't read your thread properly but from what I can see you have not made a payment in over 6 years or acknowledged the actual debt . As such the debt should/could be statute barred

I am quite surprised they have now sent you what they claim to be the agreement - is it an original copy or is it reconstituted

I would not go telling them its statute barred at this point- just try to eek it out

Just because the letter says they now see it as enforceable doesn't actually mean they will do anything and if they do they should send a letter before action which would give you the opportunity to ask for some agreements etc

From my own experience with a Mint and RBS credit card sold to cabot possibly in the same batch as yours, the default notices were dodgy or at least arguably dodgy

I know there have been some site running that claim to be able to get debts written off but I would say at this point be reactive

Roughly how much do they say you owe ?

I am wondering if I will get similar letters now

Diana M

[Dobbs2010]

Sorry to raise this old thread, but I've now received a letter from Cabot, one and half years later threatening me with a CCJ. I have attached copies of the letter, they have sent an alleged copy of my Mint agreement, with a copy of a statement dated 28/10/2010, showing the last ever payment I made to them on the 1/10/2010. I have never made any agreement or payment to Cabot. Also one thing to add this letter was just sent by 2nd class post, so they can't even say that I've received it?

[Diana M]

Re: Cabot old credit card debt

have received the attached letter from Cabot.

When they say "you are still obliged to repay the outstanding balance" they are really hoping to make you feel morally obliged because you're not legally obliged

Di

[Dobbs2010]

Re: Cabot old credit card debt

Thanks for all your advice nem, will keep all the letters safe somewhere.

Steve

Hi Dobbs,

That is a standard Carboot template letter i.e. we can't enforce the debt because we can't prove you owe it but please pay us anyway!

I think you should ignore any further letter from Cabot from now on, but keep all that you just in case they try some dirty tricks such as selling the debt to another muppet in the future.

nem

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Hi Dobbs,

That is a standard Carboot template letter i.e. we can't enforce the debt because we can't prove you owe it but please pay us anyway!

I think you should ignore any further letter from Cabot from now on, but keep all that you just in case they try some dirty tricks such as selling the debt to another muppet in the future.

nem