A YEAR LATER & ITS CABOT FINANCIAL YET AGAIN

[princealbert40]

Hello to all,

A year after my last dealings with CABOT and their antics and they have started all over again. If you see my previous posts you will see that the debt to which they refer is statute barred and they also had to discontinue proceedings against me 3 years ago as they do not have the paperwork. This matter goes back to 2008 and they still like to write to me & call to say hello!! Is there any way to get them to stop?? Any advice greatly appreciated.

[Amethyst]

Tell them to stop... the debt is statute barred and it has already been to court and discontinued.

Could try something along these lines....

Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me, again, 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.” I have previously informed you that this debt is statute barred.

I am also certain that you are aware you previously issued a claim against me for the same account ( Claim Ref: xxxxxxx) in xxx date xxxx. I filed a defence to the claim and, because you were unable to provide any documentation or evidence that the alleged debt was not statute barred, you discontinued the claim.

Under the Civil Procedure Rules a claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

Therefore you are no longer able to take any court action against me to recover any alleged amount claimed without obtaining permission of the court.

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. Should you continue contacting me regarding this matter I will consider making a formal complaint to the Financial Ombudsman and potentially look at taking action with regards your continued harassment of me.

I look forward to your early reply.

Yours faithfully

(Your signature)

(Your Name)