Hi,

I have joined the forum in the hope that somebody has useful information for me in my aim to shake Cabot Financial off, who are chasing a debt which becomes statute barred in September 2018.

A brief outline of the debt I am being chased for:

Type of debt: Credit debt - Santander Current account

Outstanding balance: £590 (consisting £150 overdraft + £440 charges)

Account closed: September 2012

After speaking with a helpful advisor at the National Debtline and explaining my situation,

I was told it was a difficult one which needed careful consideration of my next steps.

I was presented with three options:

1. Wait the seven months and risk court action

2. Set up a payment plan, which would reset the limitation act

3. As it was a disputed debt with Santander,

present evidence to Cabot for them to investigate

- but this would reset the statute barred clock.

I have email records of a complaint I had made to Santander about charges on my account late in 2011.

Santander acknowledged receiving my complaint,

they even followed up with an email apology for the delay in responding to the complaint

- but this was to be the last correspondence with no further follow up and the issue remained unresolved from their side.

I have records of this correspondence.

I stopped using the account and the charges continued until the bank decided to close it in September 2012.

I really don't have the money to pay this debt.

I would really like to avoid paying it especially as it was disputed with Santander in the first place,

I can't afford a CCJ as it will stop me getting a mortgage which I hope to be in a position to go for within the next few years.

I am looking for delay tactics without acknowledging the debt to get me into the statute barred date when I can confidently answer a Cabot phone call and tell them to do one!

Any wisdom would be greatly appreciated!

threads merged and moved to the Santander forum.

1stly you NEVER EVER EVER speak to a DCA

they ARE NOT BAILIFFS

and have

ZERO LEGAL POWERS on any debt.

the SB date runs from your last payment or usage not the defaulted date.

so when was that?

if you don't know for SURE

go ring satans bank now and ask them.

what letters have you been getting?

have you had a letter of claim yet [RE: pre action protocol }

have you moved since opening this account?

Cabot do not chase enforceable debts, so do your homework. The debt is already defunct.

Also, when was your last payment towards this debt?

Dont consider paying them anything at all.

I can see from my credit report that my last payment and usage on the account was March 2012

- I will call Satan's bank to check this as it may have been earlier.

But the credit report states the default is reported until September 2018.

Also, in terms of letters received from Cabot

they have only just arrived as they have tracked me to my new address.

Just a letter offering repayments, not threatening Court action - yet.

I originally opened with Alliance and Leicester (suckered in with the free £100 opening offer - then Santander took over the account) in 2010ish and have recently moved address since then.

then you must write to cabot as the letters will be a phishing trip

cause sure as eggs is eggs they'll issue a claimform and get a backdoor CCJ as you've not told the original creditor nor its current owner your new address.

never run away from debts in today climate, 800'000 back door Claimform are issued every year

85% go non contested resulting in unknown CCJ's till it comes to getting credit or a mortgage.

we've not lost an OD case yet, if defended properly with our help

They are definitely phishing

- I have received two letters to my new address from Cabot

- the first came earlier this month saying they have recently confirmed I am living at this address and offering help for future repayments.

A second letter arrived four days later, very short addressed to The Occupier, titled returned mail - claiming to have received some returned mail from my new address, but their records show I am still registered there.

This second letter is a lie, I have not, and nobody could have returned any letters from my current address.

If I write to Cabot will that not be official acknowledgement of the debt and reset the statute barred clock?

not if you use the correct format and letter

our prove it letter in the debt collection section of our library might be the one.

I do not acknowledge any debt to you or any of your companies...

This looks like the letter needed: You know nothing of the Debt / Prove It **Updated 21st April 2014**

So this will prevent a backdoor CCJ being railroaded and also buy me a bit more time toward the statute barred date - which could be as soon as March 2018 according to my last activity on the account.

Thanks for the help!

i would confirm YOUR last payment/use of the account first

it would be far far better to be able to send our SB letter.

would kill any claim dead.

As said, its already a defunct debt. Cabot doesnt chase legit ones. So its already either long sb, they cant get the paperwork for it, or its chock full of charges.

As said, its already a defunct debt. Cabot doesnt chase legit ones. So its already either long sb, they cant get the paperwork for it, or its chock full of charges.

Don't know about the SB date, probably can't get paper work as opened with Alliance and Leicester not Santander, and is chock with charges.

But still, can't afford to risk a CCJ which I know they will try for as it has happened to a relative recently (it turned out to be SB).

get that info!

dx

I personally would ignore them......you have the last usage date from your CRAs (March 2012)...you know that they closed the account Sept 2012.....they have your new address as they have sent letters to you...if they wished to litigate before March 2018 they will have to comply and send you notice along with the Pre Action Protocol forms...that allows 30 days.

Sending anything may just prompt them that it is getting close.....and in reality you cant send anything because its not statute barred until March 2018.

Andy

sit on it for the next month and if they do send anything else

send a prove it letter demanding to know what the original debt was,

what charges and interest have been added since,

whether interest is still accruing and so on.

They will have failed in their civil procedure duties if they start a fight without supplying this info and that now means they will lose at least 25% of the value of any successful claim.

If they dont send any letters then dont poke the beast

Santander unable to provide the info relating to last activity on the account as they no longer have the records.

The assistant in the bank even showed me the screen. All they had was info relating to my name and address with everything else gone. They said this usually happens after about 6 years.

So, I can't prove when my last activity on the account was.

well you can as satans say it gone as more than 6yrs have expired.....statute barred!

would be nice if you could get that in writing somehow.