Cabot and resolvecall

[roygoodbeat]

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.
*

[pt2537]

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?

[MIKE770]

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

[roygoodbeat]

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

[roygoodbeat]

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.

[pt2537]

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.

[Amethyst]

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.

[roygoodbeat]

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.*

[pt2537]

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

[roygoodbeat]

The default notice would have been served in June 2009.

[roygoodbeat]

Now had a letter from resolvecall saying they are coming around

[Amethyst]

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 )

[Amethyst]

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 )

[roygoodbeat]

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.*

[pt2537]

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