Statute Barred Query - Cabot X 2

[Indigo]

Hi All,

Thanks in advance for taking a look here.

Like many people, I got into financial trouble about 6/7 years ago and am still dealing with the fallout.

Cabot has recently unearthed 2 debts, one for about £2,000 (Capitol One) and the other a little over £10,000 (Goldfish).

I sent a CCA request to Cap One in January 2009 and never received a satisfactory reply. The debt was passed to Fredrickson and then to Cabot. I disputed the debt with both in writing. I have not made any payments to the account since 2008. Cabot lost contact with me about 4/5 years ago.

I sent a CCA request to Goldfish in October 2008. They were unable to provide what was requested and passed the debt to FIRE and then to Cabot, who eventually sent a letter in 12/08 stating that they and the original lender cannot provide a copy of the agreement and then waffled on about that it doesn’t matter and that I should pay up immediately. I continued to dispute the debt until Cabot stopped contacting me, about July, 2009. I have not made any payments since 2008.

Considering the time that has elapsed since my last payment, are these debts potentially statute barred? I did correspond with Cabot, but always in the context of querying the debt. I’m wondering if the fact there was contact between me and Cabot would disqualify these debts as statute barred.

Thanks to anyone who can help!

[Kati]

Re: Statute Barred Query - Cabot X 2

Statute barred is only stopped by either unequivocal acknowledgement (or payment) towards the debt within 6yrs of the default OR a court claim being brought before the 6yrs elapses (which restarts the clock )

If you haven't paid or acknowledged the debts in those 6yrs (and no CCJ has been brought) you should be fine

[Indigo]

Re: Statute Barred Query - Cabot X 2

Statute barred is only stopped by either unequivocal acknowledgement (or payment) towards the debt within 6yrs of the default OR a court claim being brought before the 6yrs elapses (which restarts the clock )

If you haven't paid or acknowledged the debts in those 6yrs (and no CCJ has been brought) you should be fine

Kati, huge thanks for your rapid reply! So, I guess the best way forward is to send a statute barred letter. I know there are a lot of templates out there - can anyone suggest the best one to send?

Thanks again..

[nemesis45]

Re: Statute Barred Query - Cabot X 2

Kati, huge thanks for your rapid reply! So, I guess the best way forward is to send a statute barred letter. I know there are a lot of templates out there - can anyone suggest the best one to send?

Thanks again..

Hi Kati's advice is spot on!!

For SB letters.

Nice and simple is best!!

Cabot Financial Uk Ltd.
Address

Date...................................

Sir/Madam

I refer to two alleged debts that Cabot appears to hold in my name details below:

List debts and dates.

debt1,

debt 2,

I have recently researched my credit history regarding these alleged debts and I have concluded that both matters are statute barred under the provisions of the Limitations Act 1980, therefore I will not now or in the future make any payment in regard to the alleged debt.

Cabot will now cease to process all data relating to me and remove it from all records howsoever held.

Cabot will also confirm that it has complied with the above in writing within 7 days of the date hereon.

yours etc.

use signed for post.

nem

[Indigo]

Re: Statute Barred Query - Cabot X 2

Hi Kati's advice is spot on!!

For SB letters.

Nice and simple is best!!

Cabot Financial Uk Ltd.
Address

Date...................................

Sir/Madam

I refer to two alleged debts that Cabot appears to hold in my name details below:

List debts and dates.

debt1,

debt 2,

I have recently researched my credit history regarding these alleged debts and I have concluded that both matters are statute barred under the provisions of the Limitations Act 1980, therefore I will not now or in the future make any payment in regard to the alleged debt.

Cabot will now cease to process all data relating to me and remove it from all records howsoever held.

Cabot will also confirm that it has complied with the above in writing within 7 days of the date hereon.

yours etc.

use signed for post.

nem

Nem , enormous thanks. Will be sending off this week, recorded!! And will post Cabot's reply……watch this space!

[jon1965]

Re: Statute Barred Query - Cabot X 2

Have cabot been in touch or are you just trying to get your ducks in a row just in case. I suspect its the , atter as I have found cabot do leave you alone if no cca,
I would be inclined to leave them alone unless they contact you . No point in gettig in touch and complicating things, you never know , a slip of a pen, a reference to my account or my debt and they could claim acknowledgement.

[Indigo]

Re: Statute Barred Query - Cabot X 2

Have cabot been in touch or are you just trying to get your ducks in a row just in case. I suspect its the , atter as I have found cabot do leave you alone if no cca,
I would be inclined to leave them alone unless they contact you . No point in gettig in touch and complicating things, you never know , a slip of a pen, a reference to my account or my debt and they could claim acknowledgement.

Cabot have just been in touch - several letters for each debt. They want to 'help' me 'take positive steps towards repaying your balance'. And another letter, requesting I&E.

I don't think I've referred to 'my' anything but I will have a good search through my letters.

I have tangled with Cabot before on other debts. And lost.

I'd like to get in front of this but can sit it out for awhile longer - just don't want to get a court involved if at all possible.

Yes, agree that it's interesting that they've taken a 5 year break from harassing me and, from their previous correspondence, they do not have a legit response to my CCAs.

Hmmmmm….what to do?

[jon1965]

Re: Statute Barred Query - Cabot X 2

Two options then.
1) Write saying they haven't complied with you S78 request
2) Send the Sb letter and keep 1) as a back up.

Tough one. Probably go option 2 under the circumstances.

[Indigo]

Re: Statute Barred Query - Cabot X 2

Two options then.
1) Write saying they haven't complied with you S78 request
2) Send the Sb letter and keep 1) as a back up.

Tough one. Probably go option 2 under the circumstances.

Ok, good strategy. Will send the SB letter soonest. As I said, would like to avoid any court activity.

Thanks!!

[Indigo]

Re: Statute Barred Query - Cabot X 2

Ok, good strategy. Will send the SB letter soonest. As I said, would like to avoid any court activity.

Thanks!!

quick question re the template letter…..is it better to refer to 'alleged accounts' instead of 'alleged debts'?

[jon1965]

Re: Statute Barred Query - Cabot X 2

I would say account everywhere. There are so many permutations you could send but keep it simple.

[Indigo]

Re: Statute Barred Query - Cabot X 2

Great. Will replace 'debt' w/'account'.

If you don't have any other edits, I will send tomorrow/Tuesday.

thanks again.

[nemesis45]

Re: Statute Barred Query - Cabot X 2

Nem , enormous thanks. Will be sending off this week, recorded!! And will post Cabot's reply……watch this space!

I'll be watching Indigo!!

Good luck!!:tinysmile_twink_t2:
nem

[Indigo]

Re: Statute Barred Query - Cabot X 2

Hello Nemesis,

Result! Cabot has acknowledged the debts are statute barred and I will 'no long hear from their agents' (honestly, do they think they're in the CIA or something??). Do in need to write back and insist the info is removed from my credit file?

Thanks to all for all your help!

Indigo

[FlamingParrot]

Re: Statute Barred Query - Cabot X 2

Result! Cabot has acknowledged the debts are statute barred and I will 'no long hear from their agents' (honestly, do they think they're in the CIA or something??).

:lol:

Well done! :whoo: :clap2:

Do in need to write back and insist the info is removed from my credit file?

If the debts are statute barred that means you'd have defaulted over six years ago, however, the reporting principles state defaults should be recorded between three and six months later. What's the default date on your credit file?