• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • A free service which provides vulnerable consumers the ability to record their personal circumstances at a given point in time when they are looking to protect themselves against further debt or related financial problems. This is done either by self-exclusion from credit and financial promotions or to slow down the credit application process.
    Vulnerable consumers can register for FREE

    REGISTER

    Check if the Debt Collection Agency/Debt Purchaser contacting you is using the VRS register.

    CHECK NOW
    .

Cabot and resolvecall

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Cabot and resolvecall

    I moved from.my old address 18 months ago, but have recently started getting letters from cabot. It's from an old debt from 2009 and I have not acknowledged it or made any payments since. It is statued barred.

    I did receive a letter a few months back saying thankyou for making a payment, (which I have never). I them got a letter from them saying they are instructing Resolvecall to make a visit to my home in the next 7 days.

    Firsty, is it not fraud if they are making up payments and secondly Resolvecall cannot come around without prior consent.

    The debt is from the co- OP and they claim is a loan. Both are wrong and it is statued barred.

    I am reluctant to start this game of letter writing. I do not want my wife to be affected. The circumstances of 2009 lead to my long term relationship splitting and depression from.me.
    ¬*
    Tags: None

  • #2
    Originally posted by roygoodbeat View Post
    I moved from.mynold address 18 months ago, but have recently started getting letters from cabot. It's from an old debt from 2009 and I have not acknowledged it or made any payments since. It is statued barred.¬*
    I did receive a letter a few months back saying thankyou for making a payment, (which I have never). I them got a letter from them saying they are instructing Resolvecall to make a visit to my home in the next 7 days.¬*
    Firsty, is it not fraud if they are making up payments and secondly Resolvecall cannot come around without prior consent.¬*
    The debt is from the co- OP and they claim is a loan. Both are wrong and it is statued barred.¬* I am reluctant to start this game of letter writing. I do not want my wife to be affected. The circumstances of 2009 lead to my long term relationship splitting and depression from.me.¬*
    are they now communicating to your correct address? Are you sure its statue barred? especially after the recent Court of Appeal ruling in Doyle?
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      recent Court of Appeal ruling in Doyle?¬* I am sure Paul would like to explain it to you if you have no knowledge?

      Comment


      • #4
        No. I am sure they know its statue barred as no payments or anything has been made for almost 10 years.¬*

        Comment


        • #5
          Yes. They are communicating at the correct address. I have another account with them that I am paying. I wrote specially to advice them of the change of address for that account I am paying and under gdpr I have asked them not to pass this into any other account or third party unrelated to that one. They clearly ignored that and passed it onto other accounts.

          Comment


          • #6
            Originally posted by roygoodbeat View Post
            No. I am sure they know its statue barred as no payments or anything has been made for almost 10 years.¬*
            Ok well The Court of Appeal in Doyle v PRA group said that limitation doesnt start to run until the creditor has served a default notice. If they have served a defective default notice you could have an issue with limitation.
            I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Originally posted by roygoodbeat View Post

              The debt is from the co- OP and they claim is a loan. Both are wrong and it is statute barred.
              Cabot have said they are engaging ResolveCall ( who if they do ever pop round you can just ask them to go away - they have no rights ) to collect on a Co-Op Loan which you have never had ? I''m not sure if that is what you mean by the above or not.If you have never had a loan with co-op then of course you should tell Cabot such and ask them for copies of the documents, including the original agreement and default notice, as well as a full list of transactions.

              Presumably you have already written or spoken with Cabot for them to inform you they dispute your claim that the debt is statute barred.
              We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #8
                I have not spoken, paid¬* or acknowledged anything in about 9 years. Had look at some old documents and it may be an old northern rock cc card that I disputed. It is for about the same amount but it was an invalid default or/ and no credit agreement st the time. Was part of a northern rock mortgage.¬*

                Comment


                • #9
                  Originally posted by roygoodbeat View Post
                  I have not spoken, paid¬* or acknowledged anything in about 9 years. Had look at some old documents and it may be an old northern rock cc card that I disputed. It is for about the same amount but it was an invalid default or/ and no credit agreement st the time. Was part of a northern rock mortgage.¬*
                  That may be the case but the key is when the default notice was served and whether it was compliant. If you overlook this you could get into trouble
                  I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment


                  • #10
                    The default notice would have been served in June 2009.

                    Comment


                    • #11
                      Now had a letter from resolvecall saying they are coming around

                      Comment


                      • #12
                        They might ( though it is rare ) but if they do just say 'not today thank you' and close the door - they don't have any rights, and Resolvecall are simply there to encourage contact between debtor and creditor ( seemingly by scaring them into it by threatening to doorstep )
                        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #13
                          I assume you're just ignoring Cabot until/unless they threaten court ?

                          You might want to ask a Northern Rock ( and co-op maybe ) for your data under data protection. https://legalbeagles.info/library/gu...ccess-request/

                          See what this might be and whether you can just get Cabot to back off as it's time barred. Also keep an eye on your credit file in case it is something more recent that you don't know about, sometimes mix ups happen after house moves ( previous tenant of your new house or next tenant of your old house etc )
                          We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • #14
                            I did a request back in 2009 and have the documents somewhere, including an invalid default notice.¬*
                            I was thinking of sending them a statue barred letter but have been reluctant to do so unless they threaten court. I was also wondering about a claim they made on their letters recently saying thankyou for a payment. I have never paid or acknowledged this since late 2009. Again, should I write to them asking to prove it. If they have made up a payment, surely this is fraud. Secondly, under GDPR can I give them notice to rectify their records as this is inaccurate. If I don't get any joy, I can then go down the ICO route and start building a case, in case they decide to go further. Finally should I write to Resolvecall asking them not to visit. This notice was issued back in 2009.¬*

                            Comment


                            • #15
                              Originally posted by roygoodbeat View Post
                              I did a request back in 2009 and have the documents somewhere, including an invalid default notice.¬*
                              I was thinking of sending them a statue barred letter but have been reluctant to do so unless they threaten court. I was also wondering about a claim they made on their letters recently saying thankyou for a payment. I have never paid or acknowledged this since late 2009. Again, should I write to them asking to prove it. If they have made up a payment, surely this is fraud. Secondly, under GDPR can I give them notice to rectify their records as this is inaccurate. If I don't get any joy, I can then go down the ICO route and start building a case, in case they decide to go further. Finally should I write to Resolvecall asking them not to visit. This notice was issued back in 2009.¬*
                              "Invalid Default notice" now then, this presents you a massive problem. Why? well i litigated a case called harrison v link, in which HHJ Chambers QC made it clear (see para 75) that the bad default notice could be remedied by serving a good default notice

                              Now, a default that doesnt comply with the CCA 1974 has no effect in law, it is like it wasnt issued, so if your notice is bad your debt isnt statute barred. Read this case https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html The Court was clear that limitation runs from when the Default notice expires because thats the point the whole balance can be called in. The creditor cannot lawfully call in the debt on the back of a bad notice.

                              From what youve said above (and im sorry to bear the bad news) your limitation argument is in difficulty
                              I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X