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2004 debt and cabot

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  • 2004 debt and cabot

    I sent of Curlybens Prove it/Harassment letter and this is what I received
    Quote:

    "Our Final Response to your Complaint"
    I regret that you felt cause to complain to Cabot Financial Ltd and apologies for any inconvenience that you may have experienced in relation to this matter. I understand that you are unhappy with our recent contact.

    I note that you believe we are harassing you for a debt. We would like to confirm again that we have taken over your account from MBNA the original lender and we are responsible for administering your account, including taking payments, answering your queries and reporting information to the CRB. As a result, we are seeking your co-operation in settling your financial liabilities. Notwithstanding I can confirm that your telephone number has been temporarily removed from our records. However, I must re-iterate that if we do not receive your co-operation in paying towards your outstanding balance, we shall reserve the right to re-instate telephone contact.

    Cabot takes all legal and regulatory responsibility seriously and abide by the codes of practice and guidance. we wish to assist our customers to get back on track with their finances and that is why we are contacting you.

    For ease of reference the outstanding balance on your account is £xxk. Therefore I would recommend you contact our collection team, within 14 days to discuss options available to you in order to settle this account. I must inform you that if a payment proposal is not received within this timeframe, your account will be escalated within our collections procedures and telephone contact will be re-instated.

    I trust I have set out our position clearly. However if you remain dissatisfied with our response, you may bring the complaint to the attention of the FOS, within 6 months of this letter, who may investigate the same. If you have any further etc etc etc...


    Points about this letter

    1 - They have only answered to the complaint and offered in information regarding proving the debt.
    2 - I disgarded my mobile phone over three months ago proving that their contact is mainly automated which is why you can get them at 4 in the morning and 11 at night.
    3 - The amount they took over was 1/2 the amount they are claiming so escalation is something they have continued all of the time - even when they were sent a s74. The sent a copy of the agreement arrived in October 2010
    4 - The original default month was august 2004 which is 6 years past. They have a listed default on my Credit file of April 2011

    At this stage all I really want to be sure of is did I or have I at any time - Which I am sure I haven't done anything but dispute the debt. I am fairly sure that Statute Barred commences from the month that payments were stopped. There for it is out of time. Could this be confirmed. Also would it be better before the s.5 to ask them to Prove it one more time with feeling?

    What are the thoughts on this?

    Regards,
    Dan

    Read more at: Legal Beagles Consumer Forum - Re: Re Posting a new thread
    Tags: None

  • #2
    Re: DCA Advice Please

    Interesting to read that dantheman. Only got round to sending off my prove it letter this morning. Will post on here when I receive a reply. Have to say that is a 'pants' response to your request for further information. Surely they can't get you. You must be statute barred if your dates are correct. But I am no expert....just a puppy!!

    Comment


    • #3
      Re: DCA Advice Please

      Is the date of the default the date in which you believe you last made payment. If so its Statute Barred so GAME OVER

      Comment


      • #4
        Re: DCA Advice Please

        I know that feeling - and it seems sometimes the more you know the further the goal posts seem to get. I'm thinking before I send the s.5 I will send them thanks for their guide regarding OFT, but they didn't answer the prove it section and could they reply accordingly????

        The never responded to my SAR last August and unfortunately I can't find my receipt! Fool.

        Anyway _ I look forward to your reply and will keep you posted as to developments. Cabot are a persistent bunch of Grapes!

        D

        Comment


        • #5
          Re: DCA Advice Please

          Last payment is the one in 2004. The Credit File is different and later.

          D

          Comment


          • #6
            Re: DCA Advice Please

            Originally posted by dantheman View Post
            Last payment is the one in 2004. The Credit File is different and later.

            D
            Crapbot try the silly ploy that the date the default is registered is the date when the 6 years starts which of course is total ********. The 6 years starts when the account actually goes into default which is generally one month after the payment is missed. If no payment is made or WRITTEN acknowledgement of the debt is made for a period of 6 years then the alleged debt is STATUTE BARRED. They can ask you for the money but can do sweet FA about it if you do not wish to pay.

            If you feel its SB then its up to Crapbot to prove otherwise. You do not have to prove you didnt make a payment

            Comment


            • #7
              Re: DCA Advice Please

              I suppose I got worried as this has been going on for 17 months. In this time the have attacked in the usual ways -0 many phone calls - got rid of the phone. Quarterly emails. I had involvment with Kerobo Claims that went under and then Connect who have now liquidated. But as you raise the point - in theroy it is statute barred - the question - to which I am unsure is - what is considerd acknowledgment. I have beleive I have always disputed their claim and told them to go to the agents. It took them until the original month of default to come up with the CCA. SO Could you just maybe be on this basis whether I go and issue an SAR (I did this last August and got no reply and have lost the receipt.) Or shall I just send the s.5 and see what they do next? Your kind advice is appreciated.

              D

              Comment


              • #8
                Re: DCA Advice Please

                Pesronally I would write to them telling them the alleged debt is Statute Barred by virtue of S5 of the Limitation Act 1980? and let them prove otherwise.

                Comment


                • #9
                  Re: DCA Advice Please

                  Dan,

                  No point sending an SAR IMO. You'd normally do that MUCH earlier in the process. In fact as you're pretty sure it's SB, but there's just the slight niggling doubt over the later date on your CRF, I'd avoid all contact until after that date has passed just to be safe, then send the SB letter.

                  Comment


                  • #10
                    Re: DCA Advice Please

                    Thank you both. I suppose the main problem I have with the s.5 is the part about acknowledgment. As far as I would say - if you respond in anyway you are acknowledging.
                    So whether you send the s74 and they reply or you say I contest/dispute, you still in someway can be deemed as acknowledging. If it rests solely on have you paid in the last 6 years from last payment date then that would be that.

                    How does the law judge acknowledgement? As stated the last payment was Oct 04 the DSA date is May 11.

                    Cheers guys,

                    D

                    Comment


                    • #11
                      Re: DCA Advice Please

                      Sending a S5 letter does NOT count as acknowledgement. The time scale for SB starts on the date when the lender could have taken action. I.e, one month after you missed payment

                      Comment


                      • #12
                        Re: DCA Advice Please

                        I shall send off the s.5 this week and see what happens. I assume that they will have to send me evidence that I have acknowledged the debt if they want to pursue as they are now out of time regarding payment. Knowing Cabot, they won't go down without a fight... Aggressive mites! I sincerely thank you for your contribution and anticipate posting the reply from them shortly.

                        Comment


                        • #13
                          Re: DCA Advice Please

                          Also - if these goons ever call again, simply refuse to answer their security questions.

                          Comment


                          • #14
                            Re: DCA Advice Please

                            Better still Ask them for their details is soo much more fun

                            Comment


                            • #15
                              Re: DCA Advice Please

                              Let's not get too mean after all these guys are just doing their job
                              - you know like Dung beetles do!

                              Is that a little harsh on dung beetles? Maybe.

                              It will be interesting to see whether I get a stock letter or a real reply. So far it's always as shown above - select - click - send. Having said that - the preference would be not to darken my mailbox again. I sincerely hope the s.5 will do it.

                              D

                              Comment

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