Help please anyone - Barclaycard, Cabot & ScotCall

[cinders241297]

Hi there,

Before I start, I'd just like to explain that I have read a lot of the existing threads on here around similar subject, but each individuals circumstances appear to promote a different response - thus I am posting mine in an attempt to clarify the best result.

Anyway - to begin.... Barclaycard & Cabot (All information supported by CRA reports)

I had a Barclaycard back in the late 90's and eventually ended up (through marital problems) getting into irretrievable debt and defaulting on the account.
Default Date 31/10/2000, Default Balance £1467

I had stuck my head in the sand and not replied to any of Barclaycards letters before the default notice. I then eventually got a letter from Barclaycard saying they had sold the debt to Cabot and I would be hearing from them, which I did very soon after by letter requesting I get in touch, this was around Mar 2003 - Again, head firmly planted in the sand, no contact made.

Cabot subsequently registered a default with the CRA's stating the following.
Kings Hill (No.1) Ltd / Barclaycard (1)
Default Date 31/10/2000, Default Balance £1637, Current Balance £1720, Updated 16/07/2003

To date I have not been in contact with Cabot and I thought they had given up, the deault note on my CR has expired and has been removed by the CRA's, BUT, this week I have received a notice from a company called ScotCall - Stating that the debt has been placed with them and they are going to send round a 'door-step' collection officer unless I complete the mandate and pay up.

My question is, where do I stand and what do I do?

Am I right in saying that the 6 year statute of limitations applies, therefore they cannot chase me in the courts??

I have already (this morning) sent a CCA request to Cabot with a cheque for £1 because it seems the first thing to do (common in most threads) but I am completely lost besides that.

To be honest, I know I am in the wrong for what I've done and I'm the first one to admit it - but the quantity and tone of the letters has made me angry and I want to play them at their own game a bit.

If it came to the enevitable, I could pay, but bugger them - I now want to fight !!!!

Please help..... Many Thanks

[Rooster-UK]

Hi Cinders.

I followed you from the WELCOME FORUM.
I have just read your first post in this thread and I think your best source of help will be the Debt and Bailiffs Forum. There are a lot of experienced users there who will be able to help you.

I will get this thread transferred for you.

Good luck.

Regards, Rooster.

[cinders241297]

Many Thanks

Cinders.........

[lookinforinfo]

It depends on what you said in the cca. If you started by saying that you do not acknowledge that you owe them any money, then fine.
If you did not include that line, then you may well have reinstated the loan.

[cinders241297]

Here's what I sent in the letter

Cabot Financial (Europe) Limited
PO Box 241
West Malling
Kent
ME19 4NA


Dear Sir
Re: Your Reference No ####### (Mr #######, Barclaycard No ##########)

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond with you further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

You are notified that you are obliged to supply these documents, whether or not you are the original creditor, under s.189 of the Consumer Credit Act 1974. I enclose a £1 cheque in payment of the statutory fee, Cheque Number 000813.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.




Yours faithfully

Is this OK and can you advise any further?