Cabot/Commercial Collection Services

[hillards]

Hi folks

I'm already quite active in the Halifax Bank thread (http://www.consumeractiongroup.co.uk...j-halifax.html) but had a letter today which confuses me.

It comes from 'Commercial Collection Services' and refers to a debt 'Due to: CABOT FINANCIAL (EUROPE) LIMITED'. I noticed on my Experian credit check that this company had recently recorded a search on my file and was wondering what it was about - now I know.

They say '...looking through the records there is no known reason for witholding payment.' and say that if I don't pay up they'll pass it to the associates 'Charles Howard & Partners' for further action. Oh yeah, and perhaps visits to my address...

OK, to fill in some gaps - I may have had a Barclaycard account in the mid-90s. At the time I was going through a messy divorce and lost just about everything bar the clothes I stood in. I had to start again and used credit to re-establish my life. The majority of this was paid off, but then I lost my job in 1998 and was out of work for some time. I got a job again for 12 months only, which ended in Feb 2006.

Over the years I have heard from various companies saying they represent Cabot, or letters from Cabot themselves. I've never communicated with them to confirm or deny any debt that amy or may not exist, so I am assuming that this is now unenforceable?

I am ignoring the latest letter, but felt asking the question may give me some peace of mind. There is no record of any related debt on my credit record, so as far as I'm concerned they can go whistle!

Yes, I have been reading the various threads relating to Cabot - my head hurts now.

[payingonlyencouragesthem]

Completely and utterly ignore them so you don't end up doing something that might re-set the statute barred clock. If you get a summons just reply in defence that you have no record of any such debt during the last six years so if any debt actually exists it must be statute barred.

[gizmo111]

If you have not acknowledged this in the past six years then it is statute barred - there is good letter templates on the national debt helpline website for this scenario - are you absolutely sure of your dates?

[hillards]

Yes, pretty sure that I've not acknowledged any communication from any company relating to this matter in this millenium. I did call Barclaycard once to query a letter I got at my old address, and I've not been there for 9 years now!

I felt sure that as nothing shows on my credit report, which I only got last week, then any default has long since expired. I get the feeling these companies just pass these things around so you are given an uncertainty factor when one lands.

If I do get any more from them I'll come back and post here, but for now I'll thank you for the information and enjoy Christmas.

[NailPost]

Bear in mind that nothing at all will un-bar a statute barred debt and re-start the clock once the six year limit has passed. It doesn't matter what the debt collecting mupets say the law is clear on it. Their letters don't re-start it, payments don't restart it and telephone calls don't even before the limit is up. The debt is still owed but there is no way they can enforce it. Tell them to go stuff themselves.

But if they have marked it on your credit record tell them to remove it. If they don't send them a letter before action and if they refuse get a court order to force them. Make sure you report their actions to the Info Commssioner and the OFT and question their suitability to hold the respective licences.

[hillards]

They've not marked a default on my credit record, their entry shows under 'Previous Searches' as Application Type: UNRECORDED ENTRY, whatever that may imply.

The text of the report says that these '...ARE SHOWN FOR YOU ON YOUR COPY OF YOUR REPORT BUT ARE NOT SEEN BY LENDERS.'

There is no reference on the credit report to any debt related to their enquiry, so I've taken it as just another one of those attempts to try and open an avenue of repayment when the debt has long since been written off.

Should there be any further development then I am aware of exactly what position I would like them to be in and what bodily part they should insert where...

[buster642]

Originally Posted by hillards

They've not marked a default on my credit record, their entry shows under 'Previous Searches' as Application Type: UNRECORDED ENTRY, whatever that may imply.

The text of the report says that these '...ARE SHOWN FOR YOU ON YOUR COPY OF YOUR REPORT BUT ARE NOT SEEN BY LENDERS.'

There is no reference on the credit report to any debt related to their enquiry, so I've taken it as just another one of those attempts to try and open an avenue of repayment when the debt has long since been written off....

Appreciate this is an old thread, but I have also been contacted by these muppets (also acting for Cabot) and they have also made credit searches on me (three of them).

My initial feeling was whether they had a right under the Data Protection Act / CCA to perform a search. I realise that when we sign a credit agreement we give firms the right to perform a credit search and ongoing searches to confirm our credit worthiness.

But I never gave Commercial Collection Services permission to do this and it would be a tenuous link to say that my initial signature gives a DCA several links down the chain permission to do it.

Also, for what purpose. The "debt" is fifteen years old from default. There is no need to confirm my current position for ongoing credit purposes. This is clear "financial profiling" (one of the services CCS advertise on their web site) to see if I am ripe for court action.

Which makes me ask the question. When we sign a credit agreement, does that mean we give firms the right to snoop into our affairs for the rest of our lives.

Thought about making a complaint to the OFT, but don't want to stir up a hornets nest.

[buster642]

Originally Posted by NailPost

Bear in mind that nothing at all will un-bar a statute barred debt and re-start the clock once the six year limit has passed. It doesn't matter what the debt collecting mupets say the law is clear on it. Their letters don't re-start it, payments don't restart it and telephone calls don't even before the limit is up. The debt is still owed but there is no way they can enforce it. Tell them to go stuff themselves.

Interesting. Are you sure telephone calls don't. I remember having a phone conversation with a lady from Cabot in 2000/01 -ish.

She was very polite and friendly. I didn't commit to anything, but at the time, I didn't know my rights in full, so I wonder whether Cabot would say that because I didn't deny the "debt" that the phone call would start the statute-barred clock again.

Looking back, I wonder if her polite manner was just a way of getting me to say certain things without me realising it (the recorded the phone call).