Opened up a can of worms now !!

[Mickkk]

After an old debt i managed to agree a settlement yesterday
now i come home to find another demand for over £1,800 for a store card
which is from 1998 .. Its from cabot again.. Its obviously sb so what should my next move be now ? Dont have any more funds to pay another one off ..
Thanks

[nemesis45]

Re: Opened up a can of worms now !!

Ok, I saw your previous thread.
Is this a County Court Claim Form or a Cabot begging letter with threats of court?

History of the account/debt.
1. Who was the original creditor?
2.What type of account is this?
3. Is the 1998 date the opening date of the account?
4. When was the account defaulted?
5. Can you recall when the last payment and or written acknowledgment was made?

nem

[Mickkk]

Re: Opened up a can of worms now !!

Marks and spencer store card
opened apprix 97 default 98 ish .
it was my card but my then wife had full access to the card
looks like a standard letter no threats of court ect
just want me to get in touch to arrange a payback plan
this surley is sb after all this time. The thing i dint want to happen is ignore it
then get another aoe abd ccj ect. Look where ignoring letters got me last time.
i dont want to admit this debt but if i send a sb letter isnt that admitting the debt ?
many thanks for all replys . What a great site this is

[FlamingParrot]

Re: Opened up a can of worms now !!

Marks and spencer store card
opened apprix 97 default 98 ish .
it was my card but my then wife had full access to the card
looks like a standard letter no threats of court ect
just want me to get in touch to arrange a payback plan
this surley is sb after all this time. The thing i dint want to happen is ignore it
then get another aoe abd ccj ect. Look where ignoring letters got me last time.
i dont want to admit this debt but if i send a sb letter isnt that admitting the debt ?
many thanks for all replys . What a great site this is

No, sending a SBd letter is not admitting the debt. Once a debt is SBd it cannot be 'un-barred' even by making a payment (not that I'm suggesting that you should do that).

If no payments have been made in the last six years then you should send the letter so they know you are aware it's SBd. Bear in mind proceedings can still be issued for a SBd debt (although SBd is an absolute defence), so it's best to nip it in the bud.

If this was an M&S storecard turned general purpose credit card it would be unenforceable in any case as was the case in Santander v Mayhew: http://www.legalbeagles.info/forums/...454#post311454

It doesn't look to me like an open can of worms from any angle.

For a bit of light relief, you may want to look at this thread: http://www.legalbeagles.info/forums/...ons-department :lol: :lol: :lol:

[Mickkk]

Re: Opened up a can of worms now !!

Oh ok many thanks fp .. Where will i find the sb template please ?
is it ok to print off or should i write it out ?
by the way it was only ever a store card not turned into credit card..

[FlamingParrot]

Re: Opened up a can of worms now !!

Oh ok many thanks fp .. Where will i find the sb template please ?
is it ok to print off or should i write it out ?
by the way it was only ever a store card not turned into credit card..

See below, you can just print it off as a normal letter. :typing:

Giving the default date in the late 90s, it was probably defaulted below they started issuing the credit cards, which was in the early noughties.

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

[Mickkk]

Re: Opened up a can of worms now !!

Should i send it recorded ?

[FlamingParrot]

Re: Opened up a can of worms now !!

Should i send it recorded ?

Yes, it's always a good idea to send letters recorded. :thumb:

[Mickkk]

Re: Opened up a can of worms now !!

Letter been sent and received. What happens if i dont receive a reply within 21 days ?