Hi ALL! Help needed with Cabot Financial and old Egg Card!

[triumph]

Hi All,

I have just found this fantastic website as I am in desperate need of some advice.

Cabot Financial are chasing a statute barred Egg Credit card which was taken out in 2000. Cabot have noted in a letter it is a current account but I only ever had a Credit Card with Egg so I know they are wrong.

After reading some threads I have sent a CCA to Cabot and they replied stating that as it is a current account they do not need to comply with CCA and returned my £1 postal order. What should I do now?

Any help will be greatly appreciated.

Thank you in advance.

[Kati]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

[MENTION=55034]nemesis45[/MENTION] [MENTION=37786]FlamingParrot[/MENTION] ... any advice please??

- - - Updated - - -

to LB [MENTION=72709]triumph[/MENTION] ... you'll get lots of help here on LB xx

[triumph]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Thank you very much Kati

[nemesis45]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Hi All,

I have just found this fantastic website as I am in desperate need of some advice.

Cabot Financial are chasing a statute barred Egg Credit card which was taken out in 2000. Cabot have noted in a letter it is a current account but I only ever had a Credit Card with Egg so I know they are wrong.

After reading some threads I have sent a CCA to Cabot and they replied stating that as it is a current account they do not need to comply with CCA and returned my £1 postal order. What should I do now?

Any help will be greatly appreciated.

Thank you in advance.

Thanks [MENTION=49370]Kati[/MENTION]

Hello,

Cabot are notorious for believing they are always right!

Let's try and get rid of them!

A letter to:

Mr Ken Stannard
CEO Cabot
Address as on their letter.

Date:

Ref: Use theirs:

Dear Mr Stannard,

I refer to a letter from Cabot dated........................... in regard to an alleged debt for £ xxx.xx arising from an account with EGG for a credit card.

On date..................... I sent Cabot a request under sections 77/78/79 of the Consumer Credit Act 1974 enclosing the £1.00 statutory fee required for this, however
Cabot has now returned the fee claiming the alleged debt arises from a current account.

Please take note of the following points:

1. I was a customer of EGG and a credit card holder:

2. The alleged debt is statute barred under the provisions of section 5 of the Limitation Act 1980.

3. Given the information above I will not now or at any time in the future make any payment or offer payment
in regard to the alleged debt

4. I confirm that I have not at anytime had a current account with EGG.

Cabot will now confirm by return of post that it has closed the file on the alleged
debt and removed all data relating to me from its records.

Failure to comply will result in a report to the FCA regarding the fitness of Cabot to hols
a consumer credit licence.

Use signed for post and mark the envelope " Private & Confidential "

It might be a good idea to check your credit reference for any skulduggery from Cabot, you can
use Noddle it's free online.

nem

[Berniethebolt]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Triumph
With regard to your assertion that it is statute barred , when was the account defaulted/ demand for payment made or and payment made.

I ask because I have seen some posts recently where people seem to have mixed up the reality of the Limitations Act.

If there is even a chance that it is not SB then the letter above may be taken as acknowledgment in that it says you were a customer and had a credit card

[nemesis45]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Triumph
With regard to your assertion that it is statute barred , when was the account defaulted/ demand for payment made or and payment made.

I ask because I have seen some posts recently where people seem to have mixed up the reality of the Limitations Act.

If there is even a chance that it is not SB then the letter above may be taken as acknowledgment in that it says you were a customer and had a credit card

Nonsense as usual:

The letter refers to the " alleged debt" throughout.

[Berniethebolt]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Nemesis
For once in your life take it like a man

1. I was a customer of EGG and a credit card holder:

And I said MAY , I suggest you look that up in a dictionary

The question of if the debt is actually SB is still relevant for the reasons given

[triumph]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Triumph
With regard to your assertion that it is statute barred , when was the account defaulted/ demand for payment made or and payment made.

I ask because I have seen some posts recently where people seem to have mixed up the reality of the Limitations Act.

If there is even a chance that it is not SB then the letter above may be taken as acknowledgment in that it says you were a customer and had a credit card

Hi All and thank you very much for all your prompt replies.

I have been doing some digging and in answer to Berniethebolt, my Egg credit card was taken out in 2004 and defaulted in 2006 and is not on my credit record

Last acknowledged in 2009 when account was with Apex, sold to Cabot in June 2015, so this would be the sixth year when the limitations act kicks in, which I believe is why it was sold to Cabot.


As the dates are so close should I amend the letter?

Thank you in advance

[Berniethebolt]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Hi
You could maybe leave out the first point so that you leave them in limbo as such . You are telling them that you never had a current account but that is about it.
I maybe being over cautious as I said before but I think sometimes it is better to be safe than sorry

[triumph]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Hi
You could maybe leave out the first point so that you leave them in limbo as such . You are telling them that you never had a current account but that is about it.
I maybe being over cautious as I said before but I think sometimes it is better to be safe than sorry

Thank you so much for your response Berniethebolt and Nemesis and Kati as well

[nemesis45]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Hi All and thank you very much for all your prompt replies.

I have been doing some digging and in answer to Berniethebolt, my Egg credit card was taken out in 2004 and defaulted in 2006 and is not on my credit record

Last acknowledged in 2009 when account was with Apex, sold to Cabot in June 2015, so this would be the sixth year when the limitations act kicks in, which I believe is why it was sold to Cabot.


As the dates are so close should I amend the letter?

Thank you in advance

What was the acknowledgment in 2009, via telephone or an unequivocal admission of liability in writing?

[triumph]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

What was the acknowledgment in 2009, via telephone or an unequivocal admission of liability in writing?

Hi Nem,

It was by writing a letter which is why I am so cautious of stating the debt is statute barred. Should I make any further adjustments to the letter?

Thank you in advance

[Amethyst]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

I wouldn't give them any more info than you have to.

1) You did not hold a current account with Egg.

2) You believe if a debt existed it would be statute barred as you have had no dealings with Egg since 2006 at the latest.

[nemesis45]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Hi Nem,

It was by writing a letter which is why I am so cautious of stating the debt is statute barred. Should I make any further adjustments to the letter?

Thank you in advance

Good morning Triumph,

The letter makes reference only to an alleged debt.
For peace of mind add as the last paragraph:
What did you say in the letter for it to be taken as an admission of liability it must
be an unequivocal admission.

This communication is not and should not be construed as an admission of any liability for the alleged debt.
Carboot has to provide proof of liability and must prove the debt is not statute barred.
You don't have to prove that the debt statute barred.

nem

[triumph]

Re: Hi ALL! Help needed with Cabot Financial and old Egg Card!

Good morning Triumph,

The letter makes reference only to an alleged debt.
For peace of mind add as the last paragraph:
What did you say in the letter for it to be taken as an admission of liability it must
be an unequivocal admission.

This communication is not and should not be construed as an admission of any liability for the alleged debt.
Carboot has to provide proof of liability and must prove the debt is not statute barred.
You don't have to prove that the debt statute barred.

nem

Hi Nem,

Thank you for your response.

When I last acknowledged the debt in 2009 I never made an unequivocal admission of liability, I simply wrote regarding Egg Credit Card and informed them I was unemployed on benefits and that my situation was dire. Apex eventually gave up sending me letters.

Truimph