Cabot/Nolans overdraft claim

[Alex538]

Hi Everyone,

At the beginning of 2019, I received a few letters from Cabot asking for payment about an alleged defaulted overdraft they had picked up from Halifax from May 2016. I denied being liable for the account and asked for proof. They told me the account would be placed on hold whilst they investigate.

I've since heard nothing else from Cabot directly. At the end of 2019 I got a letter from Nolans asking for payment on behalf of Cabot. I told them I didn't acknowledge the debt and had asked Cabot for proof of liability, which they had not produced. Nolans replied saying Cabot have supplied all requested documentation, which they are either mistaken or lying about, I've had nothing from them since being told the account was on hold. I advised Nolans to carry out due diligence and that no proof had been given.

That was the last I heard from them until this week. I received a short letter from Nolans advising Cabot have agreed to accept a payment plan and to be in touch within 14 days or they'll proceed further against me.

To date, I haven't received a shred of evidence from any parties. I'm also aware that 6 years will have passed in May. Does this sound like a last ditch effort from Nolans before it is statue barred? I've drafted another letter basically repeating myself saying I don't acknowledge the debt and no evidence has been provided. Would that be the best course of action?

Many thanks,

[jaguarsuk]

Hi Everyone,

At the beginning of 2019, I received a few letters from Cabot asking for payment about an alleged defaulted overdraft they had picked up from Halifax from May 2016. I denied being liable for the account and asked for proof. They told me the account would be placed on hold whilst they investigate.

I've since heard nothing else from Cabot directly. At the end of 2019 I got a letter from Nolans asking for payment on behalf of Cabot. I told them I didn't acknowledge the debt and had asked Cabot for proof of liability, which they had not produced. Nolans replied saying Cabot have supplied all requested documentation, which they are either mistaken or lying about, I've had nothing from them since being told the account was on hold. I advised Nolans to carry out due diligence and that no proof had been given.

That was the last I heard from them until this week. I received a short letter from Nolans advising Cabot have agreed to accept a payment plan and to be in touch within 14 days or they'll proceed further against me.

To date, I haven't received a shred of evidence from any parties. I'm also aware that 6 years will have passed in May. Does this sound like a last ditch effort from Nolans before it is statue barred? I've drafted another letter basically repeating myself saying I don't acknowledge the debt and no evidence has been provided. Would that be the best course of action?

Many thanks,

Absolutely, they want you to make a payment as then you undo it being statute barred giving them another six years to try to come up with the paper work that they very clearly do not have.

I would write back reiterating you have asked for their client to evidence the debt as you do not recognise it and they have not, therefore you will not be paying anything at all until you have been able to properly assess your legal position.

That you do not intend to engage in litigation by correspondence and pursuant to the Protection from Harassment Act 1997 that they and their client cease all communications with you until such time as they are able to comply with your request. The reason, they have no legitimate reason to be contacting you and you find their communications alarming and distressing and they now 'know or ought to know' that continued communications would be contrary to s.1 of that act.

Finally if they are under the illusion that anything other than an individual can cause harassment that you refer them to the case of Ferguson v British Gas 2009.

It's not all good new though, sorry to be the bearer.

Unfortunately the next last ditch effort can be to sling a claim in before the debt becomes statute barred to stop the clock and still provide nothing, then when you defend allow the claim to be stayed by not responding to the case management order of the court. If they can come up with the goods at a later date they'll (there's not time limit) apply to lift the stay and proceed with the claim.