Hi all,

first post but have been doing some reading

so hopefully we have a bit of an idea what we need to do

and hopefully this post is in the correct place,

if not, please feel free to move it!

Back in 2008 due to family health and work issues, we ran into severe financial difficulties.

We had several credit cards and came with to agreements with all but one to pay a full and final settlement.

This all took us several stressful months to sort.

We had defaults issued against us and began to manage our finances alot better.

The one credit card company eventually moved our debt to a DCA but at no point did we respond to their letters or frequent phone calls.

It now appears the old DCA has moved our debt on to a company called Cabot financial.

It looks to be a fairly standard letter asking for the payment or for us to contact them to sort our an arrangement.

Upon checking our credit files,

I see all of our defaults are now gone and there is no mention of the outstanding debt.

Do we simply contact the company using the following template?

• Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years
  

If not, any advice as to what steps we need to take would be greatfully accepted.

Thank you in advance.

Hi Pete and welcome to CAG...

I personally would send a CCA (section 77/78) request for the agreement...you will get far more peace than arguing its statute barred...as the DCA can still continue to try to collect.

Regards

Andy

pers I'd not respond at all to a phishing letter.

who was the original creditor

and what type of debt was it?

dx

We did wonder about sending for the CCA but we were possibly under the wrong impression that the debt was statute barred. We don't mind the letters as long as we can be sure there is no action that can be taken.

The original creditor was Egg and it was a credit card.

Well if you don't mind the letters and as you say they know the right/current address

If they were stupid enough to issue a claim it being sb'd will kill it dead.

What date did you take the card .

There could well be PPI &/or penalties here for reclaim ing

Might be worth an sar to egg at Canadian sq address??

Dx

We did wonder about sending for the CCA but we were possibly under the wrong impression that the debt was statute barred. We don't mind the letters as long as we can be sure there is no action that can be taken.

 

The original creditor was Egg and it was a credit card.

Requesting a copy of the agreement has no effect on the Statute of Limitations...but it does put Cabot on Notice that you know your onions and is a further hurdle for them to overcome before considering any litigation:wink:

Ok, had a quick look at what info we have.

It lookes like the card was orignally taken out in October of 2003 and a default notice was issued in March of 2008.

Pretty sure no PPI was taken out but we could be wrong!

Struggling to find all the original paperwork etc.

So do you think it would be wise us sending a SAR to Egg then?

If no payments have been made on the account and no written communication has been entered into,

is the debt actually statute barred or is it still actually owed?

We are a little confused as after reading a post on another forum someone was advised to pay even though the debt was gone from their credit file.

A comment was made that just because it seems to have gone,

the people are still within their rights to collect the money owed.

Sorry if this has been covered elsewhere,

just trying to find out what statue barred means to us in our case.

Thanks.

Pete2015

simple answer don't read other sites

prob a fleecing DCA posting that advice!!

a debt is statute barred if you have not

paid anything

written and signed any letters regarding the debt

or

used the card

in 6yrs

it always adviseable to add 1 or poss 2 months to that date to be sure.

whatever date the now owner of the debt

or any previous owner inc the original creditor placed a default marker makes no odds to the SB date

they are not linked

what more probably you might have read was:

that in England & wales

statute barring simply means any judgement attained in court cannot be enforced after 6yrs

so they don't bother with court.

in E&W a DCA can ask for payment

you can equally ask them to go away or ignore them.

dx