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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cabot Finance - Egg credit card


Tobewan
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please can someone advise.

 

I had an Egg cc many years ago, the debt seems to have been passed to Cabot finance.

 

I haven't paid anything or acknowledged the debt in more than 6 years.

 

Recently Cabot contacted me chasing the debt.

 

I replied with a statute barred standard letter.

 

Cabot replied advising the account was Terminated in 2011 and this ensures the debt is still active.

 

There is also a default from Cabot on my credit report from November 2011

although they didn't contact me and no payment has been made for years prior.

 

Please advise what course of action I can take?

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Check your own files, obviously nothing powerless DCA's say is the truth, but you need to be 100% certain

this is SB.

 

Can you confirm exactly when you last paid anything toward this?

 

Do you know when the acct was defaulted and then terminated?

Do you still have the DN smeg would have sent you?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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termination date does not reset SB

 

 

silly beggars.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have my credit report and Cabot defaulted me in November 2011.

 

This is when they say the account was also terminated.

 

I've not paid in years, more than 6 years, I think. I can recall a payment in the last 10 years.

 

What's a DN SMEG? Default notice? (Apologies for my ignorance) I never received any notice of a default.

 

Only saw it when I checked my credit report.

 

What action should I take?

 

Correction Marlin Finance has given me a default notice, but I understand Cabot and marlin are one of the same?

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I would expect that the OC [EGG] defaulted you before they sold the debt on

 

 

pers I'd be sending EGG an sar to the Canadian square address

if you were wanting to do anything

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I certainly would not be inviting letter tennis.

 

you've stated your position

[which IMHO I would never do

if the debt is SB'd, let them issue a court claim and get egg on their face and waste money!!)

 

see what they do

 

if you need to prove your last payment

then SAR to egg is the way to go.

 

crabot know wfull well on a credit card/loan

SB date is about 1month after your last payment

and they've lost in court numerous times too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is it worth sending a prove it letter to Cabot?

 

I'm certain I've not made a payment but I'm second guessing myself because, well I guess I'm less confident than they are. And Court is intimidating.

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to what end?

 

you say its SB'd

 

end off IMHO

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

that's what the sar is for

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Cabot replied advising the account was Terminated in 2011 and this ensures the debt is still active.

 

which is garbage.

 

I've not paid in years, more than 6 yearslink3.gif, I think. I can recall a payment in the last 10 years.

 

which was prior to assignment to the debt buyer I bet

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Cabot quoted section 5 of the Limitations act 'An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.'

 

They say the action was termination. Is that possible?

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not on a credit card no

 

 

but if you read around, you'll see cabot have their own unique take on many things just like

esp a CCA request time limit.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You're believing the garbage crapbot are sending you, don't!

 

There is absolutely no truth in anything a powerless DCA ever says, they are simply trying to intimidate you

and exploit your lack of knowledge about debt collection, they, like politicians, are skilled liars, and nothing they say holds any water.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The default stays the same, or at least the date of default does, the only thing that should change is the name of the clown chasing it.

 

If they change the dates to suit their own needs then that is cause for a very loud complaint to the ICO, and could be money in your pocket!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 years later...

I realised I hadn't updated this post and thought anyone going through the same might find a conclusion helpful.

 

The debt was removed from my credit history,

something I had heard was impossible,

and the debt was agreed to be Statute Barred.

 

The paperwork was clearly well below par and both Marlin and Barclays wanted to get shot of me.

 

Good luck to anyone else going through this.

 

It's stressful but the advice I received here was good!

 

Tobe

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so when did it vanish off the file then

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well done

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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