Help with Restons letter please!

[Catflap123]

Hi.
My husband has received a couple of letters recently from Cabots regaring an outstanding debt from years ago. This was when he was with his ex-wife and to be honest we just ignored them. However, today, he has reveived a letter from Restons (attached). He has no knowledge of ever opening this or paying into it and we think it may have been his ex. She has now moved to an unknown address and so maybe thats why they have now come to him... Can anyone advise the best possible way forward with this...
thanks

[Amethyst]

Re: Help with Restons letter please!

The account was terminated in 2008. It may well, in that case, be statute barred if the debt has not been paid or acknowledged since that date as it would be over 6 years ago. It does state a payment was made in Jan 2011 but you need evidence of that payment. I think best step initially is to write and tell them, you consider the debt to be statute barred, and also send a CCA request to them.

CCA Request would go to ME III, cc'd to Cabot Financial.

Dear Restons
REF:

Statute barred debt
I do not admit liability for this debt, and I do not intend to make any further payments to it for the following reasons:

The earliest point at which the original creditor could have sued for the full balance owing to this debt was following termination in 2008, which is more than six years ago.

No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years.

No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years.

This debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980 and any court claim to recover it will be defended on this basis.

If you have evidence that this debt isn’t statute barred, please send it to me within 21 days. I require full details of any payment made, the date and method of payment.

Otherwise, please confirm in writing that you won’t pursue me further for this debt.

I would also inform you that I have today sent a formal request for a copy of the original agreement pursuant to s.78 of the Consumer Credit Act 1974, with payment of £1, to Cabot Financial (UK) Limited/ME III as creditor.

Kind regards

xxxxxx

[Catflap123]

Re: Help with Restons letter please!

Even though it says the last payment was january 2011?

[Amethyst]

Re: Help with Restons letter please!

Yep, I've added a little bit on about that.

The CCA request is the most important letter really.

[Catflap123]

Re: Help with Restons letter please!

Ok, great, thanks again

[Amethyst]

Re: Help with Restons letter please!

Just wondering to put in that letter about

He has no knowledge of ever opening this or paying into it and we think it may have been his ex.

as well as the SB and CCA part. Although that's not really their problem, and the CCA would show anything up if it was a debt solely in his ex wife's name. So maybe hang on to that until you hear back on the CCA and Statute Barred letter. Is this letter in just his name or in joint names?

[Catflap123]

Re: Help with Restons letter please!

Ok. Will do.

[Catflap123]

Re: Help with Restons letter please!

Hi. We have heard back from Restons and they say this debt is not statute barred as the last payment was in jan 11. They didnt respond to me asking what last pYment was and by whom though.
Still heard nothing back from CCA yet.
is it worth writing back to Restons and reiterating the question again?
thanks