cabot / statute barred question

[cplmadison]

so i had an old credit card debt which next year is 6 years since default and would be statue barred since no contact has been made between me and the debt collector (cabot)


just had a phone call from a mobile number as i was expecting a customers call I answered. The lady said hello can i speak to xxxx xxxxx and I said "yes speaking.." and then she introduced herself and i promptly hung up without any further conversation

have I just reset the clock on the 6 years statute barred or does this not count?


appreciate your thoughts, also with current GDPR regs curious if they are even allowed my phone number + email etc since ive never given permission for them to store / contact me with the details...

[glendale]

The following do not count as acknowledgement of a debt:

• A letter from you to the creditor clearly stating you don’t owe the debt
• A letter from the creditor to you
• Speaking to a creditor over the phone

[pt2537]

so i had an old credit card debt which next year is 6 years since default and would be statue barred since no contact has been made between me and the debt collector (cabot)


just had a phone call from a mobile number as i was expecting a customers call I answered. The lady said hello can i speak to xxxx xxxxx and I said "yes speaking.." and then she introduced herself and i promptly hung up without any further conversation

have I just reset the clock on the 6 years statute barred or does this not count?


appreciate your thoughts, also with current GDPR regs curious if they are even allowed my phone number + email etc since ive never given permission for them to store / contact me with the details...

Depends on when the account was terminated. PRA Group v Doyle confirmed the limitation period runs from when a default notice is served under s87 for a debtor who is in breach of his agreement.

[cplmadison]

thanks for the replies, i believe the default date on my credit file is August 2014 so just another year before that drops off.

[pt2537]

It's not the date of the default on the credit file that is used it's the date from the expiry of the default notice

[cplmadison]

It's not the date of the default on the credit file that is used it's the date from the expiry of the default notice

how do i find the date of expiry on the default notice (i dont think i ever received one) if i asked for a copy wont that reset the timer on statute barred too?

[pt2537]

how do i find the date of expiry on the default notice (i dont think i ever received one) if i asked for a copy wont that reset the timer on statute barred too?

Hi there

Ok, the problem is this, if you never received a default notice, then limitation hasnt started to run because the creditor must serve a default notice before he can terminate the agreement or demand earlier repayment, if you have no default notice then you may have a problem.

I would suggest that you ask them to provide any documents which they will rely upon in support of their allegations as you do not acknowledge any such debt, that would be what i would do to be honest

[cplmadison]

Just received this letter, was does this mean for the debt legally if they havnt followed the rules

It says that after a review of my account they havnt sent me regular statements since 2014 under the rules of the consumer credit act. They apologised and attached a letter with an opening and closing balance.... They said the debt is unaffected even though they failed to follow the rules by not issuing statutory notices...

[cplmadison]

Also to add to this..

My default date was 10/10/2014 amount 200

Assgined to debt collector 28/10/2014 amount 500....

Debt collector sent a statement showing 0 interest or charges etc have been applied to my account since 2014 so why is the alleged debt 300 more than the default balance less than 2 weeks after it was assigned....