Hi

I had a credit card debt with Providian that was sold to Cabot a number of years ago. The last monthly payment I made on the account was in July 2012. In August 2012, I wrote a CCA request to Cabot using the CAG template from the library. They wrote back stating that they would attempt to get the information requested within 40 days.

In October 2012, Cabot wrote that they had not obtained the info I needed under S77/78 CCA 1974 and as a result, the debt was unenforceable. In the meantime, they recommended that I continued to make repayments to the account. Obviously, no such repayments were made and I made no further contact with Cabot. Similarly, they have not been in contact with me in the intervening years until this month.

Earlier this month, I received a letter from Cabot out of the blue, offering to write of the debt for around 12% of the apparent outstanding amount. The figure is a few hundred pounds. This “offer” to free me of the account as they called it, was valid for twenty days. The said payment would mean that they would no longer contact me about the account. I made no contact with them regarding the matter.

This week, I’ve received what no doubt is the first telephone call from one of their call centre staff. Upon asking for me and revealing who they were, I said “All communication in writing only” and put the phone down.

It seems to me I have two options here: 1. I could photocopy the October 2012 letter from them and write something like “still waiting for the documentation” on it and enclose a copy of their begging letter or 2. I could send them a Statute Barrred letter from the CAG library.

Which of these would you advise or is there an alternative? I take it that as no payment has been made since July 2012, the entire debt is Statute Barred?

Thank you very much for your continuing help

Ignore them. It's desperation. The debt is wholly unenforceable but it won't stop them trying to get something off you.

If you are sure it's statute barred, send the sb letter and they have to acknowledge it

Hi Gumboil,

I, too, had a letter from Cabot offering a whooping 73% off, offer is only open for 21 days. This is the first I've heard from them since June 2017, I assume they must be going through their books looking at unenforceable debts and hoping someone will take the bait.

Reading on this forum, sometime ago, someone who used to work for a DCA said that in the 3 years they worked there the company had changed name twice. Same staff, same office and same telephones just different name and FCA licence. It seems DCAs do this musical merry-go-round, I don't know why exactly. So, maybe Cabot are about to do the same?

As renegadeimp says ignore them; some very old statue barred debts are still being sent begging letters - nowt they can do though.

send our statute barred letter from the debt collection section of the library esp if you've moved and never informed them since you took the credit out.

typically these phishing letters are sent to your new address to see if they can get a response, if they don't, then they'll issue a claim using your old address and attain a backdoor CCJ you'll know nowt about till court bailiffs come a knocking.

dx

I haven't moved house since the credit card was applied for in the nineties. Is it possible that they've used the electoral roll to check that I'm still living at the same address as I was in 2012?

I'm inclined to sit tight on this one and see what happens next

If I need to send the statute barred letter, can I just enter on the letter the account/reference number that was on the Cabot without entering my name and address? It would simplify matters and they should know who it's from.

Many thanks for your help

good you haven't moved then

they would still need to follow the new pre action protocol anyway before issuing a court claim giving 30days.

agree ignore them.

p'haps they are collecting early for their xmas party drinks and are sending these letters out hoping to sc@m people into paying for the drinks.

I haven't moved house since the credit card was applied for in the nineties. Is it possible that they've used the electoral roll to check that I'm still living at the same address as I was in 2012?

 

 

 

I'm inclined to sit tight on this one and see what happens next

 

 

 

If I need to send the statute barred letter, can I just enter on the letter the account/reference number that was on the Cabot without entering my name and address? It would simplify matters and they should know who it's from.

 

 

Many thanks for your help

Then cabot will never be able to enforce it. They know its a junk debt. SB, no way of ever getting the original CCA. As said before, totally ignore them.