Making FFS offer to Cabot for credit card debt with no CCA

[pammers]

Hi All,

I'm hoping someone has experience of this and can advise me?

I owe Cabot approx £5k for an old credit card debt. I requested a copy of the CCA, but they were unable to provide it, and have confirmed the debt is now unenforceable. I now pay them £1 per month.

It's so old it no longer shows on my credit file, so I guess in theory it could remain unpaid forever? But I'd really like for it to officially be settled.

From a bit of research Cabot seem to accept offers of 70% off (so you pay 30%), but I was wondering if anyone has experience of them accepting less? Particularly that they've admitted that it's unenforceable?

As much as I want it gone I don't have £1,500 to give them !!!

Thank you

[MIKE770]

No cca no pay you owe nothing keep paying then never statue barred. Pay them money for nothing?

[pammers]

No cca no pay you owe nothing keep paying then never statue barred. Pay them money for nothing?

I'll happily stop paying them £1 each month, now I know they can't hassle me, but I think it will take another six years for it to be considered Statute Barred?

I was wondering if Cabot would accept a super low offer of say 5% so I could make this 'officially' go away and I can start with a clean slate (knowing it is there is always in the back of my mind). But I don't want to approach them if they're not likely to accept.

[MIKE770]

bet they will not as again you start statute barred clock , you show weakness to them , if io said you owe me £1000 would you pay up if you know you do not or I cannot prove it?

[pammers]

ok, now I'm totally confused. If Cabot know they can't make me pay the debt, but I'm offering to pay 5%, surely they would rather take something over nothing?

[MIKE770]

they will try and state no but we may 75% for instance. but all cases can be different, await anybody else as in my mind do nothing at this stage and see if they contact again>???

[DE DOGS]

I don't quite understand this, why are you offering to pay this when the Debt has stated you owe nothing as there is no trace of the CCA (Credit Card Application). No CCA no pay you owe nothing

[pammers]

I realise I sound like a nutty person! I've lived with debt hanging over me for a long time and this is the last one left, and although I legally don't have to pay them anything, in the back of my mind I know it exists. I'd really like a clean slate.

Paying cabot £250 to make it officially go away, and for me to be 100% debt free would be worth it.

But I don't want to make contact with them if they're not likely to accept a 5% offer. It would be helpful to know if anyone else had been successful in offering cabot a really low offer?

[MIKE770]

You owe nothing repeat it over and over again it will not go away for quite a while regardless any settlement will show on credit file for long time

[Barry1980's]

Hi There,

I know where you are coming from and although the advice above is sound and you dont need to pay anything while it is unenforceable, for myself i felt better paying a small amount and having a letter of them saying it was cleared was a much better alternative.

I had offered 5% to a few I had with no CCA and this was accepted. In doing so you dont need to think its out there somewhere and might come back someday which seems to have happened to a few people on here.

Your main bonus is that they have acknowledged that it is unenforceable so should be easier to make a deal.

[MIKE770]

Hi There,

I know where you are coming from and although the advice above is sound and you dont need to pay anything while it is unenforceable, for myself i felt better paying a small amount and having a letter of them saying it was cleared was a much better alternative.

I had offered 5% to a few I had with no CCA and this was accepted. In doing so you dont need to think its out there somewhere and might come back someday which seems to have happened to a few people on here.

Your main bonus is that they have acknowledged that it is unenforceable so should be easier to make a deal.

THat happened to me decades ago, . so i paid twice, talk to them then they know you are going to cave in with an amount that they are not entitled to up to you.

[DE DOGS]

This baffles me either that or I am reading all the advice you have been given as wrong. You state I requested a copy of the CCA, but they were unable to provide it, and they have confirmed the debt is now unenforceable. What can be clearer than that ?

[MIKE770]

they do try, no cca no pay unless as many do give up and think it will go away, CRA records if default etc on there shows part payment for quite a few years, so why pay them? and effect credit for years to come?

[RichieP354]

Older post but.... I had a similar one with CABOT. Initially they couldn't provide the CCA. I stopped paying them until such a time as they could produce the CCA which amazingly after 4 months they found and sent me a copy! I then offered them several smaller payments to get the matter resolved and eventually they accepted 40% of the amount owing. The debts I had were coming up to the 6 year mark so due to fall off my credit file.

A different creditor LINK financial however, failed to provide the CCA again for months which i just let ride paying them a token amount. They finally got back to me and confirmed they had my CCA but it was illegible so the debt was unenforceable. At that point I stopped paying them. Its been 8 months or so now, they still keep contacting me by letter and email ( I refused to give my personal details over the phone to people that asked when they rang me so couldn't complete the security questions haha, that stopped the phone calls)

It's clear from my credit file so they can't actually do anything about it at all. If they take me to court i will show them my audit trail clearly asking for my legal documents they can't provide. No case.

Don't know if this will help but hey ho.

[DE DOGS]

They will not take you to Court it will cost them money, and that aintin their brief they take it not give it away.