• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Cabot Financial

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Cabot Financial

    I have today received a letter from Cabot Informing me of a External Agency Recovery Notification the debt is a credit card for just over £5k the debt became statue barred in 2015 and was defaulted in 2009 I have kept a copy of my Credit Report as I thought they may chase me after the debt became statue barred so have all the relevant info my question is should I write to both Cabot & Ruthbridge the collection agent and tell them the debt is statue barred if so is there a template letter or should I just ignore it Many thanks for any info you can give me
    Tags: None

  • #2
    Yes, tell them both the debt is statute barred if you are certain you have not acknowledged or made any payments since 2009.

    Example of a letter

    Dear Sir/Madam

    Re: Account No/Your Ref:

    No debt is acknowledged to your company yet you have contacted me regarding the above account.

    As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

    No payment or acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

    Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''

    I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

    I look forward to your early reply.



    Yours faithfully




    (Your signature)
    (Your Name)
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      Many thanks Amethyst I am 100% sure they have not been paid any money thank you as always for your help

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse
      1 of 2 < >

      SHORTCUTS

      Pre-Action Letters
      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Witness Statements
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

      Need Formal Help?




      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      See more
      See less

      Court Claim ?

      Guides and Letters



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Loading...
      Working...
      X