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?

It would pay you to check your credit file to see if this still shows up, or if any mystery payments have been made..

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?

termination date does not reset SB

silly beggars.

dx

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?

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

Thank you. I'll do that now.

Would you reply to Cabot?

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

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.

to what end?

you say its SB'd

end off IMHO

I guess I don't want to find out I'm wrong and I have made a payment. Would it harm me to request proof

that's what the sar is for

dx

Ah ha I see. If a payment has been made since the debt was sold would this show on the SAR?

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 years, I think. I can recall a payment in the last 10 years.

which was prior to assignment to the debt buyer I bet

dx

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?

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

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.

I've written a SAR for Barclaycard and will see what they come up with. If they defaulted me can Marlin default me too, once they bought the debt?

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!

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

so when did it vanish off the file then

The same month they agreed it was SB, they removed all trace, May/June 2015.

Looking back through today I realised just how useful your advice was. Thank you!

Tobe

well done

dx