old debt being pursued by Shoosmith

[abbeal]

Hi
I had been making regular repayments to welcome finance for a loan taken out in 2004. i took my debt to a debt recovery company quite quickly after that and payments were stopped altogether about 5 years ago! Since then I've had letters from as many different companies at irregular intervals, I've ignored them! Each time a new company got in touch! They've become less and less!
On Saturday I got one from Shoosmith saying they have been instructed by their client Cabot Financial to commence court proceedings.. They have said if I get a court decree registered against me it will affect me from any land or house I own in Scotland..I live in England!! Next they say they may be able to accept a sum less than the 414 pounds I owe!
What do I do? Ignore like all the rest or will it result in me being taken to Court? I did get a small amount of PPI on the account, so imagining this would be classed as a payment?? That was 4/5 years ago.
In this time I have also applied and been given a credit card, which I never thought I'd get because of this debt! But surprise surprise I did!
Can anyone advise me please?
Thanks in advance

[nemesis45]

Re: old debt being pursued by Shoosmith

Hi welcome to LB,
If you are resident in Scotland the limitation period is 5 years in England it is 6 years, where were you resident when the agreement was signed?

Does this debt appear on your credit files?
What we need to know is exactly when this PPI was repaid, my feeling is this
cannot be claimed to be a payment made by you personally if it was a PPI refund
offset against the account.

Cabot will try all sorts of ways of twisting facts to suit their own purposes.

Immediately send A CCA request to Cabot to see if they have an agreement to hand. There is a £1.00 statutory fee to pay, use a cheque or postal order endorsed " for statutory fee only". Cabot has 12 + 2 Working days to comply, there's a template in the forum library for this.

nem

[abbeal]

Re: old debt being pursued by Shoosmith

Hi
Thanks for your reply.
I was a resident in England but signed agreement with a Scottish branch of Welcome, if that makes any difference...I think because I have Scottish postcode they think I must live in Scotland!
I think the PPI would have been paid in back end of 2012! I thought it was longer!
I did stop all payments in early 2011/late 2010 (I got stung by First Step Finance for over a grand - but that's another story)
The debt doesn't appear on my credit files anywhere...I'm totally clean!

[nemesis45]

Re: old debt being pursued by Shoosmith

I would be inclined to send Shoosmith a Statute Barred letter stating Scottish Law LA relative period 5 years and the debt is extinguished
this way no acknowledgment is made but you find out what they have to back up a calaim.

nem

[abbeal]

Re: old debt being pursued by Shoosmith

OK thanks,
Please can you explain how I write a statute barred letter?
Sorry I'm a bit of a novice in these things !