Cabot Financial

[Clem60]

Hi,

We have a very old credit card debt - originally Natwest and sold to Cabot Financial. We defaulted in 2008 and stopped paying around 2017.
In December 2020 we sent them the CCA letter and they were not able to find any paperwork and we recieved a couple of letters from them in 2021 both stating that we still owed the debt but they could enforce a CCJ in court or legal action.
We have not responded to any letters that they have sent periodically - hoping to get to six years and the debt to become statute barred.

Today we received a letter saying that if they do not hear from us in seven days they are going to send someone from Orbit round to our house. I phoned them today and told them they are not allowed to do this and then hung up. So 2 questions please?

1 Have I now messed up our 3 and a half years no contact towards debt being statute barred?

2 Are they allowed to send debt collectors round to our house? I understood they are not legally allowed to harass us about this debt? Am I wrong?

Thanks for any advice.

[R0b]

Hi,

There is a general implied right of access to enter your property for a particular purpose e.g. postman delivering post or salesmen. That right can be revoked by giving notice, which you have done but as you have only done this verbally, Orbit may still send someone round, especially if you told them you did not consent to someone coming round but failed to give any details of your account before hanging up - not sure how they would know it is you and your address.

You are best off writing an email if possible or a letter to Orbit saying that the implied right of access to send an agent to attend your property is revoked and any attempt after the date of giving the notice, will be considered trespassing.

Once a debt is deemed statute barred, it cannot be revived, though you can continue paying money off the debt but cannot be enforced by a court. If you acknowledged the debt by expressly confirming you are liable or you continue making payments within the 6 year limitation period from the default date, then the clock will reset. If you defaulted in 2008 and last payment made in 2017, then depending on the last payment, the debt will be statute barred sometime in 2024.

[Clem60]

Hi,

There is a general implied right of access to enter your property for a particular purpose e.g. postman delivering post or salesmen. That right can be revoked by giving notice, which you have done but as you have only done this verbally, Orbit may still send someone round, especially if you told them you did not consent to someone coming round but failed to give any details of your account before hanging up - not sure how they would know it is you and your address.

You are best off writing an email if possible or a letter to Orbit saying that the implied right of access to send an agent to attend your property is revoked and any attempt after the date of giving the notice, will be considered trespassing.

Thanks for your reply. Sorry I didn't make myself clear. The letter was from Cabot and I contacted them by phone giving my reference so they knew who I was. I said they woul;d be in breach of the law by sending someone round and asked them to note that on the file, then I hung up. I cannot contact Orbit as I have not heard of them, it was Cabot who threatened us with them. I have since looked up some consumer law and I do believe they are not allowed to harass us by threatening to send a debt collector when Cabot have admitted they cannot comply with the CCA. They will never be able to comply because this card was taken out in the 1970's and there will be no online record anywhere. As I understand it they have sent a letter WITHOUT informing us the debt is non enforcable which is a violation in itself, never mind thtreatening us with a debt collector.

This is what I read since my post above-

The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

*They did not do this in their letter* they have implied it is enforcable.

Also I made a mistake in that upon checking we continued to pay until 2021 so still have another 3 years to go re statute barred. Have I reset the clock to 6 years again by contacting Cabot. I have managed to have no contact for 3 years and hoped that would continue but obviously I needed to contact them today.

Is it worth making a complaint to the financial ombudsman?