Advent debt

[Andy8888]

Please help. Please please help. About 12 years ago I had a guy from advent computer training come to my home, he persuaded me to sign something (I was 18) and then 2 days later I phoned advent and told them I don't want to take the course,they said they need it in writing so I wrote a letter, few days later I receive some starter pack thing, phone advent told them what the hell and they said it's only a started pack, few years later I received a letter from Barclays saying I owe something like 4K, ignored it thinking this is mistake, NOW almost 12 years later I recurve a letter from Cabot I need to pay 11k and not to ignore letters, talk to them, they can help etc, the problem is I got scared about 4 years ago and started paying £10 a month to them then after a few weeks I thought to myself I'm not paying 11k for a few pieces of paper and a course I simply never ever did and did cancel, this is keeping me up at night every single night please please someone help me

[Amethyst]

Okay, please try not to worry, you will be able to get this sorted out. It is a shame they bullied you into making payments 4 years ago, however if you signed up 12 years ago, and didn't pay anything after you cancelled a couple days later and ignored the Barclays letter, there were 8 years between your last payment / cancellation and starting these £10 payments - so the debt was already statute barred at that point, and a payment cannot 'undo' the statute barred status. ( I'll get the reference for you for that shortly )

If you can post a copy of the letter up ( cover up your personal details ) we'll give you a hand replying to it. A CCA request ( for copies of the original agreement ) might also be in order in case they try to proceed.

section 29
a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

http://www.legislation.gov.uk/ukpga/1980/58/section/30

[Andy8888]

Oh brilliant. Didn't even think of that. Just need to make sure it was 8 years in between. I know I signed in either 2006 or 2007 and paid a small amount in 2014. I'm abit reluctant to respond as I don't want contact. I'm losing my hair because of this stress it's making me so poorly. They keep txting me as well I just don't want any further action against me its so unfair I genuinely cancelled and never used the course. I explained this few years ago when I paid some but they didn't listen what so ever

[Amethyst]

To begin with the Advent computer course wasn't delivered - you cancelled within the cancellation period, and more than likely weren't even aware the course was being paid for by a loan through Barclays Partner Finance. I haven't seen any complaints on Advent for years... thought they'd vanished tbh. I guess Cabot have just bought a bunch of dodgy BPF debts.

Remember that Cabot are JUST a debt purchaser - they will know nothing of the background on this - is it Cabot who are texting you? What kind of thing and how often ?

The 'loan' was around £4k ? and Cabot are now stating you owe £11k ? they will need to evidence the amounts. We can put that in the reply to them, as well as statute barred and requesting more information and evidence about the debt, and to stop texting you and communicate in writing only. We can also look at sending Subject Access Requests to Advent and to BPF, and a CCA request to Cabot.

Really, this is not worth you affecting your health over. We'll help as much as we can xxx

[Amethyst]

Just checked and yes Advent went under in 2012 - liquidation so not a lot of point sending any SAR to them

( 14 May 2012

Final Gazette dissolved following liquidation )

[Andy8888]

I'm so grateful that you've ever replied and calmed me down a bit. I thought advent went out of business. The letter came to my new address which stated that I owe 11k. This is the only letter I've had at my current address so not sure if anything has gone to old address. The txt messages I had about 3 last week and there the only ones I've had. I've not heard since last week which that in itself is making me think we'll why havnt I heard anymore, what are they doing next. It's just living hell. The txt messages just say for me to contact them

[Amethyst]

Okay, don't respond to the text messages at all. It sounds like they have just traced you to your new address which is why the letters have started - can you do a photo of it and either post it here or send it to me ( admin@legalbeagles.info ) if it's easier xxx

[Andy8888]

Absolutely. I've left the letter at work but I'll get this sent over to you in the morning. Thank you so much

[Amethyst]

Nice one

And get some sleep tonight without worrying - everything can be sorted out, so please, try not to stress over this a moment longer. You'll feel better once you've sent some letters off, and any responses you get, you can post them on here and we'll be here to help xxx

[Andy8888]

Morning, bit of a problem, I've got to work and someone has thrown the letter away, really don't know what to do now I don't want next letter to be a court one and then I'm screwed. Do I sit back and wait or phone them. Problem is when I called them few years ago they don't let you explain

[Amethyst]

Oops... bloody co-workers.

Okay we can hazard a guess it was similar to this or the one previous to this? ( this is likely to be next letter if this wasn't it ) so we can reply generally no problem I'll draft something in a while.

[Amethyst]

oh DON'T PHONE THEM !!! Everything in writing from here on....

[Andy8888]

Ok thank you so much. So shall I just sit back and wait for the next letter?

[Amethyst]

Nope, we'll write to them now.

[Amethyst]

Your name
Your address
Your address
Your address

8th August 2018

Cabot Financial Services
PO Box 241
West Malling
Kent
ME19 4NA

Dear Sirs

Reference: Mr xxxxxxxx, address address address

Thank you for your recent letters which I received on the xxxxxxxxxxxx and xxxxxxxxxxxx 2018.

I was shocked to read that you are claiming that you have been assigned an alleged debt by Barclays Partner Finance and that the outstanding amount is alleged to be over £11,000. This debt is entirely disputed.

Please be aware that it is my contention that, if any debt existed, it would be statute barred pursuant to section 5, and section 29, of the Limitations Act 1980.

In any event I require to obtain the necessary information to assess my position in this case and therefore require copies of the following;

1. The original credit agreement and terms;
2. The Default Notice;
3. The Notice of Assignment;
4. Statements of account from inception to date.

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has also been made to you under s.78 under separate cover.

I expect to be in a position to provide you with a full response to your letter within 14 days of receipt of the documents listed above and I reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

In addition I formally request that you only communicate with me in writing, certainly, I withdraw any permission you feel you may have to telephone me at my workplace.

Yours faithfully,


xxxxx

AND ALSO

Your name
Your address
Your address
Your address

8th August 2018

Cabot Financial Services
PO Box 241
West Malling
Kent
ME19 4NA

Dear Sirs,

With reference to your recent letter regarding an alleged debt owed to 'Barclays Partner Finance' I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.
I look forward to hearing from you.

Kind regards

xxxxx