Cabot Again .... advice please

[Jane1]

Hi , Can someone please advise ? A letter saying resolve visit will take place , this debt is 11 years old , they send standard letters out and phone calls ( unanswered ) now it's a visitor .... this debt was an unsecured loan but I believe there was a charge put on the house , house was repossessed round 8years ago . Is this debt statued barred ? Any help would be great as I'm trying to help young man with this who is rebuilding his life . I posted for advice on this last year ... but still contacting g him . Many Thanks

[MIKE770]

Cabot must be in trouble, sending out letters for statute barred alledged debts., also stating threat to get Resolvecall (Local chap on commision to call and hope to make connection or failing that leave a calling card asking you to call the office? (next to the lxx)., = constitutes harassment as they know statute barred is the final nail in their collection activity (they can ask you to pay but cannot take you to court by the way) even then if you stated to them (in writing) desist as you will not be offering them on a statute of limitations case anything, they know you can be reporting them to FCO etc they have sent from bottom drawer a lot of these letters to many who have reported the action cabot are stooping to. callers can call but must leave if told to end of matter.

[MIKE770]

statute of limitations means:-

Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This 'limitation period' starts from the time of your last payment or acknowledgement of the debt, not the total length of time you've been making payments.


so if all falls as this rule tell them no payment will be made if they persist then they WILL be reported to the Regulator. some cases a caller comes then hear no more been reported.,

Sample Letter - Time has run out to recover the debt - National as displayed on national debtline - with thanks

[Jane1]

Thanks for reply .... I have looked at paperwork and there was a court order out in the man's name 2009 , the balance showing seems to be a bit less now so I am thinking that his ex partner has been paying small amounts of it even though the court order was in his name .... she did jointly own the house that the charge order was put on but I believe the debt was in his name .... there is only his name on the court order . Will this make any difference if it's a case she has been paying this debt unbeknown to him , although I don't why she would have done as it was quite an acrimonious split , but she may have been fooled into thinking she was liable ?

[MIKE770]

if she has been paying makes no difference in as much a debt in his name she is not responsible for his debt unless joint debt., any charge if not cleared on eventual sale would/can be offset against say his half of payout, maybe she was informed the full sale if ever would be restricted to if the other persons debt is outstanding,

A charging order made against one joint owner of a property has the effect of severing a beneficial joint tenancy between owners. This means that the property is held as tenants in common with a presumption that the shares will be equal unless there is evidence to the contrary.22 Mar 2021 Charging orders - Shelter Engla

sure others will respond also more knowledge:-

[Jane1]

Thank you for your information , I will send letter " time has run out" like you say for the gentleman . I hope this will be the end of it for him

[Jane1]

Sorry to be a pest .... I was about to send the Time Limitation Letter like you advised but ..... I have been told that time limitation won't apply as there was a court order in 2009 . I am now worried about sending this letter for the man I'm helping in case I make matters worse .... can you please verify it is right thing to do . Many Thanks

[MIKE770]

court order 2009 (CCJ) when last payment made?? as after certain time if no action then they would have to contact court with good reason as to not have actioned? therefore more real actual details pls?

[Jane1]

Definitely more than 6yrs .... maybe 10yrs +

His and partners house was re possessed 2012 ..
he had mental health breakdown at that point he split from partner before this ... so I would assume last payment before 2012 ? So I would say last payment would be around that time 2012 .... there isn't too much paperwork for me to go on .... he was ill with breakdown for quite a few years after until rebuilding of life ...

the amount on court order was £10,500 but statement says £9, 500 so my thought was maybe his ex partner been paying small amount , not sure and wouldn't know why she would ? Not her debt .... and had no authorisation or consent from him .

I would like to help this man get rid of the letters he gets as it has an affect on his health . Thanks for any advice