Need some advice on Cabot please!

[Red Riding Hood]

Hello,

I need some advice please.

Having lived in the UK for some time, I moved away in 2003. In 2007 I received a letter form Cabot Financial telling me I owed them £900, but they would not tell me what I owed the money for.
I rang them several times, full sure I did not owe the money, and they eventually told me I had to request the information in writing to know who I owed it to to start with.
So I did that, and got nothing back. That was 3 years ago.

I received a phone call from Cabot Financial recently. They say I now owe £1300. This time they did tell me who I owed the money to (over the phone - unlike last time?) and it's for a credit card and I know now I must owe the money. I didn't think I did, but I did have a card with this company many years ago. I didn't know I owed money on the account, and I don't know the original amount either.

What do I do now, can anyone tell me?

The debt is from 7 or maybe 8 years ago, they ignored me for 3 years, now they slapped £400 interest on it?
They say they never received my letter in 2007, but I sent it registered so I know they did get it.

They tried to force me in to agreeing to pay a monthly amount, but I told them I had no income (that's true, I am at home with my children, my husband works but it's not his debt and I can't afford to pay this sort of money out.)

Any advice is greatly appreciated, I'm losing sleep over this, not sure what to do about it as I know I can't afford it right now if I have to pay the debt in full. To pay a small amount each month will cost me in bank charges etc as I do not live in the UK anymore.

Thank you for any advice.

[QCKate]

Re: Need some advice on Cabot please!

Hello,

I need some advice please.

Having lived in the UK for some time, I moved away in 2003. In 2007 I received a letter form Cabot Financial telling me I owed them £900, but they would not tell me what I owed the money for.
I rang them several times, full sure I did not owe the money, and they eventually told me I had to request the information in writing to know who I owed it to to start with.
So I did that, and got nothing back. That was 3 years ago.

I received a phone call from Cabot Financial recently. They say I now owe £1300. This time they did tell me who I owed the money to (over the phone - unlike last time?) and it's for a credit card and I know now I must owe the money. I didn't think I did, but I did have a card with this company many years ago. I didn't know I owed money on the account, and I don't know the original amount either.

What do I do now, can anyone tell me?

The debt is from 7 or maybe 8 years ago, they ignored me for 3 years, now they slapped £400 interest on it?
They say they never received my letter in 2007, but I sent it registered so I know they did get it.

They tried to force me in to agreeing to pay a monthly amount, but I told them I had no income (that's true, I am at home with my children, my husband works but it's not his debt and I can't afford to pay this sort of money out.)

Any advice is greatly appreciated, I'm losing sleep over this, not sure what to do about it as I know I can't afford it right now if I have to pay the debt in full. To pay a small amount each month will cost me in bank charges etc as I do not live in the UK anymore.

Thank you for any advice.

There will be others who can confirm but I think if you havent paid anything for more than 6 years there's nothing they can do about it. Im sure someone will be able to suggest a letter you can write. DONT LOSE SLEEP even if you do have to pay it back they cant force you to pay more than you can afford even if its only £1 aweek. BUT dont pay anything until you get more advice from the LB's.

Good luck QCK

[Red Riding Hood]

Re: Need some advice on Cabot please!

Thanks QCKate. Just to be clear, if anyone does have advice like you suggest, I have never paid Cabot any money. I would have if they had of answered me 3 years ago, but I have never paid anything to this debt, and like I say it's at least 7 years old, maybe 8.

I have this fear of them turing up on my door step. Or going to court, I can't believe that would happen in another country 7 years later for £900, but maybe it would.

Thanks again for the reply.

[MIKE770]

Re: Need some advice on Cabot please!

Sounds Statute Barred if over 6 years of no payment/admission they are probably Phishing, send statute barred letter in Curly!s letters .

[Red Riding Hood]

Re: Need some advice on Cabot please!

Thanks Mike770, how do I find Curly's Letters?

(I know, stupid or what eh?? I tried, honest I did! Can't find it!)

Thanks

*********************

Found it - thank you!

[dantheman]

Re: Need some advice on Cabot please!

I have been having difficulty with Cabot for over 16 months. I have been harassed to death. They haven't - as yet sent a court order - placed a CCJ or filed for Bankruptcy. I have three accounts with them - MBNA Abbey was 19k - now 31k - agrement arrived, MBNA Alliance and Leciester was 7 now 12k No agreeement found, Monument 5k - still 5k agreement found.

At first I took the foolish route and paid Kerobo Claims who disappeared and contacted ATM who put me with Knightsbridge Claims Management who are now going into receivership. I have just received my first letter from Cabot since the 13th October with a usual stinging attack. My business went under in Septmeber 2004 and as a consequence lost car house et al. I have nothing and have spent the last 6 years being unable to get back on my feet. I have used my parents home in that time as a postal address and am not registered there.

When they first contacted me in September 2009 I panicked and paid £10 towards the monument. I have agreed to nothing else and they have other than harass by phone -now deleted - and mail done nothing as previously mentioned.

In light of the situation I noticed above the information on Statute Barred - will this aply to my accounts? Having checked with Experian I note that they have the default dates as May 2005. But I ceased payment September 2004.

I would appreciate thoughts and advice as to the best way forward.

Thanks

[lifeisagift017]

Re: Need some advice on Cabot please!

If an account defaults six years after it drops of your credit file. If you make a payment after the default date it resets the stat barred date. the best thing possible would be to contact adam on ex. 76546 when you call in i rang him and he helped me out no end!

[Algee]

Re: Need some advice on Cabot please!

I do not belive that is right, lifeisagift. As far as I know, once an account is statute barred, it is always statute barred. You do not restart the clock if you start paying after the six years are up. That is DCA speak.

If you start paying even 1 day before the six years, then you can restart the clock.

Alan

[Pinky69]

Re: Need some advice on Cabot please!

There is some conflicting advice here. Firstly, if you haven't paid or acknowledged the debt for 6 years then it is Statute Barred and once you tell them it is Statute Barred and you will not be paying them that is the end of the matter. If they continue to pursue you after that then you can just ignore them. In Scotland the debt is extinguished after 5 years - it ceases to exist. Once it is Statute Barred, it remains Statute Barred, and even if you have paid them something since then you can inform them it is Statute Barred and you will not be paying anymore. As for Cabot, they cannot add anything to a debt that was not in the original agreement so an increase to £1300 is rubbish. In any case they have not sent you proof of the original debt and whatever debt they are alleging is Statute Barred - they may very well be on a phishind exercise. I would ask them to prove the debt exists first, in writing - they have not done so - then tell them it is Statute Barred. They are not beyond saying you have made a payment in the interim but you can safely ignore that.

[WendyB]

Re: Need some advice on Cabot please!

But the OP said he made a payment of £10 in September 2009, so hasn't this rest the clock on the Monument one?

[Algee]

Re: Need some advice on Cabot please!

Wendy

The original poster is Red Riding Hood, who has never made a payment to Cabot, so that remains statute barred.

dantheman, as you say, has "un statute barred" himself by paying £10 in September 2009.


Alan

[WendyB]

Re: Need some advice on Cabot please!

Sorry, got my posters mixed up, but yes, it would have been dantheman I meant.

[dantheman]

Re: Need some advice on Cabot please!

I found with Lowell that they tried to use the default date as a means of pushing time forward. This thanks to ODC's contribution, I continued to send the SB letter and they simply gave up in the end. Cabot have userped the £10 for monument and added it to two others. Different fight.
I am sure the you are very safe LRR.

[delilah]

Re: Need some advice on Cabot please!

Hi, need urgent help re Cabot. Received a court summons last week for a littlewoods credit card debt (pre 2007) for £4,600 and they have also added an argos store card to their claim at £258. I CCA'd Cabot last September for both these accounts after getting fed up with their bombardment of letters. The end result is they sent me in December copies of the application forms for both accounts neither of which have any of the prescribed terms from what i can see and no reference to separate terms and conditions which they also sent. They sent out originals of assignments dated December 2010 with dates at the top of their letters showing 2007 and states basically this is what they sent in 2007. In letters received from them prior to finding the so called agreements they refer to them being covered and bound by English Law, i live in Scotland. The court papers state that i am due them the amounts on these accounts, there is no evidence attached as to support their claim. I should also mention that i had a moment of weakness in 2008 where i paid them small amounts to each otherwise both would be statute barred. Can anyone tell me if from the info ive given if i would be right to try and defend the claims on the grounds of the CCA Act and question the courts jurisdication as they state English law applies and i forgot to mention i have never to my knowledge received default notices on either account? and how do i find out what evidence they are going to produce in court prior to the court dates. I have to reply to the court by the 28th of June trial date set for the 8th of July. Im panicking and thinking about seeing a lawyer but dont want to make a fool of myself if im wrong to try and defend.