Is this a success or merely a timely breather?

[Onestepatatime]

Hi all,
I have an old CC account that is being pursued by crabot, so following much great advice I sent the standard CCA Sec 77-79 request, I have now received a letter from Crabot that simply states that they are unable to obtain the docs from the OC and therefore will no longer pursue the account themselves. They also state that this does not mean the debt is not legally outstanding and that due to the time period the account will no longer show on my credit file (greater than six years from default date).

so is this a success or is there a possibility that they may come calling via reconstituted docs at a later date? Original account opened pre 2007- early 2000's if I remember correctly.

[ostell]

Re: Is this a success or merely a timely breather?

So when was the last payment to the account ? It looks as though the default was more than 6 years ago,

[Onestepatatime]

Re: Is this a success or merely a timely breather?

Default was longer than six years last payment however was only last year

[Traceydc]

Re: Is this a success or merely a timely breather?

I have this myself. Last payment was 2 years ago, I sent CCA requests & Cabot sent me back pretty much the same reply. I have received offers of a settlement figures (although in the beginning I did offer them a reasonable amount, which they turned down, hence the CCA request). You need to keep the letter they sent you as proof. They will possibly sell the debt on & you will get letters from the new company asking for payment. Just photocopy the letter from Cabot & send it to them. This may continue for a while, but each time repeat the process, if Cabot can't find original agreements, chances are the new companies cannot. If they do locate the docs though, you will be liable to repay, myself included. I seem to remember, if docs can't be found & 6 years have elapsed, nobody can pursue the debt, sure someone will elaborate on it soon.

[warwick65]

Re: Is this a success or merely a timely breather?

Hi

I have several of these letters myself

What it now means is that you have to wait until 6 years from the last payment you made. This is fairly cut and dried because the default was some time before the last payment and I think they would have a tough job in persuading a court that the cause of action was after the default.

As already advised, keep the letter - as I have said many times, I keep all letters and also scan them and keep them in a reliable cloud drive + on my PC. That way if I lose the paperwork , or my PC dies or the cloud goes belly up I still have two copies.

The only danger is that they may at some point provide reconstituted documents and then the arguments get more difficult however some of my letters go back 5 years and I haven't heard a peep. I wouldn't be surprised though if i get a flurry of court claims or at least LBAs in the next year or so to see if they can sneek a default judgement in.

Approx how much is this debt for?

Even if there is a claim, there are many ways to defeat a claim other than S77-79 if you know how. Some of them I know the arguments and some I would leave to a solicitor

All in all though from cabot it is as good news as you can get

[Onestepatatime]

Re: Is this a success or merely a timely breather?

Above 10k.

So I'll sit and wait.

[Diana M]

Re: Is this a success or merely a timely breather?

Who was the original creditor? Some are better at producing documents than others.

If you want peace of mind then send a Subject Access Request to the OC to discover for yourself what they have on file. If they’ve not scanned/kept the credit agreement then it’s not available to anyone else either.

However check what information may be on record (in your SAR response) in case there’s sufficient to make a reconstituted version one day.

Not all debt purchasers have the same access to information from the OC - it may depend on the ‘conditions’ set out in the Deeds.

Di

[Onestepatatime]

Re: Is this a success or merely a timely breather?

Lloyds