Hi all,

I'm being chased by Cabot / Marlin for an old credit card debt (originally an egg card).

The amount is in excess of £3500 however I know for a fact that the debt is statue barred because I fell into arrears with all of my creditors in 2008/2009 after being made redundant and haven't made any payments since then. I had six credit cards back then with total debts of £30k+ and managed to get rid of five of them down the CCA route. One took me to court and eventually conceded on a technical point and two were eventually statute barred due to the time it took the DCAs to get their act together.

All that remains is Cabot / Marlin.

I sent them the standard statue barred template a few days ago and they responded two days later with a letter insisting that the account cannot be statute barred because the statement of account shows payments as recently as 2014. This is news to me because as I said I know that I haven't ever given them any money and haven't acknowledged any debts since 2008/2009.

They included a "copy" of the statement account showing numerous payments from 2011 - 2014.

This document has to be fake in an attempt to make it look like the debt is still active. The original account number doesn't match my original credit card and the opening balance is the same as the closing balance?!

I'm wondering if anyone has any advice on how to proceed? My feeling is that I will need legal advice and take them to court to get this cleared off my record once and for all.

Documents attached.

Thanks in advance.

davie_falkirk

Complain... Ask for how the payments were made, what date, and who they were received from?

But it says Stepchange? Did you not have an account with them?

Seems to indicate a debt management or token payment arrangement through StepChange,

the switching to token £1 payments in 2013 either via them or directly to a collecting DCA.

If you have never been with StepChange or made those payments then my guess would be that they have made a BIG cokk up

and got that history mixed up with someone else's.

Par for the course TBH.

Although this is the first time I've physically seen a document purporting to be payments made?

IMO it's pretty pointless playing letter tennis with them, if you know it's SB and it's not on your CRF then let them play their silly games.

Only respond too them if they can muster the funds to try legal action, they're not bailiffs and never will be, just a tin pot DCA too big for their boots!

Ask them to provide more details about the payments made, who they were being made by - from what account.

This is information you will need if they issue a claim.

Note the reference along side the payment of £1 3PDM (Third Party Debt Management)

A Third Party Debt Manager (3PDM) refers to a third party designated by a debtor to assist him or her to repay his or her debt. In the UK, a 3PDM can be a CAB or other not-for-profit free-to-client advice service; a free-to-client debt management provider such as StepChange Debt Charity, Christians Against Poverty orPayPlan; or a commercial fee-charging debt management firm.

Regards

Andy

Contact the DMC (s) to see if any such payments have been made.

Thanks folks.

I contacted StepChange today and confirmed what I already knew - they have no record of any dealings with me or anybody at my address.

Unfortunately this debt is still showing on my CRF which is why I'm keen to get this dealt with. I'll let you know how I get on...

Formal stern worded LBA and formal complaint direct to the CEO of Cabot/Marlin.

However, dont tell them that the dmp said they have no dealings at your address. Cabot have already slipped up once, let them dig their own grave. They could change dates etc saying admin error. However, get that full complaint in so you can put the debt into deadlock.

Remember the golden rule. 99.9% of cabots debts are unenforceable. There are some that are enforceable but they are few and far between.

Just called them to discuss. They conceded that there had been a mistake and that the debt was statue barred and they would be closing their account.

Result

Well now there is a surprise ! Well done anyway.

Please get that confirmation in writing. You called their bluff because they know they would have been in a colossal amount of trouble i they didnt. get that confirmation, and they cant even sell it on.

Great result Davie

Just called them to discuss. They conceded that there had been a mistake and that the debt was statue barred and they would be closing their account.

 

Result

Not surprised. Cabot are (edit), so nothing surprises me with them now.