Hello Im new

[rory32]

You have two very good site helpes giving you a hand Mad as Hell. Try to calm down and not to worry. I have subscribed to your thread so will be notified when people post on it.

[nelix]

hi,

bit of un update from me and if anyone can chip in and help Id be dead grateful!

We now have a letter back, 2nd class, returning the £1 Postal order, and with a coving letter stating cabot not not accept the statuary fee and is returning the fee. Also they are not obliged to provide this information but are pleased to help and have already requested documentation. Bit surprised at reading that!

 

I found out after my orginal post that there are in fact 2 debts, the second is with a company called 1st direct. I didnt bother to mention it as I was a bit fed up with my partner, and I just followed the same advise you gave me for carbot. This is where it gets interesting! They cashed the PO and are saying they will endevour to get the information within the prescribed 12 days.

 

So I guess my question is what do I do now and more importantly why are the replies totally different???

 

Any help will be very gratefully recieved!

neelix

[ukaviator]

It does seem a little strange, they have cashed one and not the other. Would be interesting to see what turns up.

 

Sometimes a bank will give the information for free, although by doing this they have'nt complied with your request. That tells me they may have something to hide. We have seen statements only sent out, when they have'nt cashed the postal order. I would suggest giving them the time to reply, and see what comes in the post.

[Hippy-chick]

Hi Nelix.

 

Are both debts being chased by CAbot?

 

Maybe the replies are different because they think they may be able to find the paperwork for one and they know they have not got a hope in hell for the other.

 

I agree with uk. I'd wait and see what Cabot do next. As they are obliged to provide you with the CCA if you request it. Let us know what they do next.

 

Likewise your 1st Direct one - when you get stuff through start another thread (so we don't get confused about what you're saying) and we'll have a laugh looking at it.

[nelix]

thanks for the quick replies...I love this site!!!! I didnt explain myself clearly did I??? The second debt is currently being held by 1st credit, who ever they are, and they were happy to cash the po. The carbot debt was the po we had returned to us. So they are 2 separate debits, one of which I wasnt aware off at the time of first seeking your help on here, but thats another story:rolleyes:

Im afraid I havent got a clue how to open a separate thread for the 1st credit debit, if some kind soul can for me, I can then detail each one as it unfolds.

I would like to say , once again, how empowering it is to have your support and advice.

Thank you.

N

[Hippy-chick]

Hi nelix

 

Yes, this site is great - together we are strong!

 

To start a new thread:

 

Click here: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

 

And then click on the "new thread" icon (near the top of the page on the left)

 

HC

[nelix]

thank you! have followed your instructions and separated the two threads.

[nelix]

Hi guys

recieved another letter today from cabot that states if they dont hear from us one of the following WILL happen

 

an external collection angency will call

 

a warrent of execution, this instructs bailiffs to take items from my home and sell them to pay the debt.

 

a charging order.

 

an attachment of earnings order

 

an order to obtain information.

 

a little man with plyers to pull my fingernails out....just kidding!

 

Now Ive sent this mob a request for CCA and they sent me a reply on the 6/12 and told me it would be up to 12 working days to get back to me. That takes me to the 27th. They also sent me the po for £1 back, which makes me wonder if they know this debt is stat' barred. This is where it gets interesting, each letter has a different amount on it, changing by a few pound up and down, whats that all about? oh and it was sent 2nd.

So should I answer with a copy of the two previous letters, my request and their reply or just ignor.

any help gratefully recieved!

nelix

[Hippy-chick]

Hi nelix

 

Well, as they've replied to your CCA request, I'd wait till time's up on that.

 

I suspect that these letters are just generated automatically (and, it appears, quite randomly). What they are saying in these letters are empty threats. They cannot instruct a bailiff to call.

 

Don't give in and call them - that's what they want - a chance to "persuade" you to start paying.

 

Stay firm and hold your ground. Wait to see what response you get to the CCA (if any).

 

HC

[shane5408]

Hiya,

 

I'm a little confused, did you send the statue barred letter as advised in post #3 or a CCA Request? Remember if you suspect there has been no contact/payments for a 6 year period the onus of proof is on the creditor to show they have a legal right to collect the debt, otherwise it is statue barred

 

regards,

shane

 

 

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

[nelix]

hey shane,

sorry, Im all over the place! NO I didnt send a stat' barred letter as frankly Im not sure if it is applied, the debt is about 5/6 years old.I actually sent a CCA letter. Im waiting a reply, which came, saying they were looking into it and returned my PO for £1, but it seems they like me so much that they send futher letters! Having said that its not me but my partner. Im rather cross with him cause I didnt know about these "little problems"but Im prepared to fight the fight for him!!!

[shane5408]

no worries, that what the sites for, to have all the information in one place!!

 

Ok, normally I would always advise to send the Stat barred letter first, even if you're not sure if it applies or not, reason being quite simply unless the creditor can provide proof they're stuffed!

 

It should be ok though, I'm hoping you put the words, i acknowledge no debt to your company' on the CCA Request?

 

regards,

shane

 

 

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

[patrickq1]

Fresh accrual of action on acknowledgment or part payment.

— (1) Subsections (2) and (3) below apply where any right of action (including a foreclosure action) to recover land or an advowson or any right of a mortgagee of personal property to bring a foreclosure action in respect of the property has accrued.

(2) If the person in possession of the land, benefice or personal property in question acknowledges the title of the person to whom the right of action has accrued—

(a)

the right shall be treated as having accrued on and not before the date of the acknowledgment; and

(b)

in the case of a right of action to recover land which has accrued to a person entitled to an estate or interest taking effect on the determination of an entailed interest against whom time is running under section 27 of this Act, section 27 shall thereupon cease to apply to the land.

(3) In the case of a foreclosure or other action by a mortgagee, if the person in possession of the land, benefice or personal property in question or the person liable for the mortgage debt makes any payment in respect of the debt (whether of principal or interest) the right shall be treated as having accrued on and not before the date of the payment.

(4) Where a mortgagee is by virtue of the mortgage in possession of any mortgaged land and either—

(a)

receives any sum in respect of the principal or interest of the mortgage debt; or

(b)

acknowledges the title of the mortgagor, or his equity ofredemption;

an action to redeem the land in his possession may be brought at any time before the expiration of twelve years from the date of the payment or acknowledgment.

(5) Subject to subsection (6) below, where any right of action has accrued to recover—

(a)

any debt or other liquidated pecuniary claim; or

(b)

any claim to the personal estate of a deceased person or to any share or interest in any such estate;

and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.

(6) A payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder then due, but any payment of interest shall be treated as a payment in respect of the principal debt.

(7) Subject to subsection (6) above, a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

20.

Time limit for actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land.

— (1) No action shall be brought to recover—

(a)

any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or

(b)

proceeds of the sale of land;

after the expiration of twelve years from the date on which the right to receive the money accrued.

(2) No foreclosure action in respect of mortgaged personal property shall be brought after the expiration of twelve years from the date on which the right to foreclose accrued.

But if the mortgagee was in possession of the mortgaged property after that date, the right to foreclose on the property which was in his possession shall not be treated as having accrued for the purposes of this subsection until the date on which his possession discontinued.

(3) The right to receive any principal sum of money secured by a mortgage or other charge and the right to foreclose on the property subject to the mortgage or charge shall not be treated as accruing so long as that property comprises any future interest or any life insurance policy which has not matured or been determined.

(4) Nothing in this section shall apply to a foreclosure action in respect of mortgaged land, but the provisions of this Act relating to actions to recover land shall apply to such an action.

(5) Subject to subsections (6) and (7) below, no action to recover arrears of interest payable in respect of any sum of money secured by a mortgage or other charge or payable in respect of proceeds of the sale of land, or to recover damages in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.

(6) Where—

(a)

a prior mortgagee or other incumbrancer has been in possession of the property charged; and

(b)

an action is brought within one year of the discontinuance of that possession by the subsequent incumbrancer;

the subsequent incumbrancer may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect of those arrears, notwithstanding that the period exceeded six years.

(7) Where—

(a)

the property subject to the mortgage or charge comprises any future interest or life insurance policy; and

(b)

it is a term of the mortgage or charge that arrears of interest shall be treated as part of the principal sum of money secured by the mortgage or charge;

interest shall not be treated as becoming due before the right to recover the principal sum of money has accrued or is treated as having accrued.

[Hippy-chick]

no worries, that what the sites for, to have all the information in one place!!

 

Ok, normally I would always advise to send the Stat barred letter first, even if you're not sure if it applies or not, reason being quite simply unless the creditor can provide proof they're stuffed!

 

It should be ok though, I'm hoping you put the words, i acknowledge no debt to your company' on the CCA Request?

 

regards,

shane

 

I agree, shane - I'd usually have gone stat barred on this. But, as nelix was not sure if it was, instead nelix has gone CCA we just have to wait and see - and nothing to stop nelix going stat barred next - is there? I think this is a matter of buying time, which might be the decider in this.

 

Patrick - what? Can you post again in words I can read?

 

 

 

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

[nelix]

I feel like Im always saying thank you! Im really glad you didnt understand patricks post too hippy chick, as I sat and read it twice and felt like a right dumbo!

Im going to sit on the outcome of the ccas' sent and see what happens. I did put the sentence "I do not acknowledge this debt to you" on each of the letters. As this is not my debt, he is pretty vague as to when the last payment was, but it looks border line that it was 5 /6 years ago. They lost him as we moved. We are in the fortunate position of them not having a phone number either and I intend to keep it that way.

Will let you know when and if something occurs.

wishing you all a very happy christmas

nelix

[Hippy-chick]

Hi nelix

 

 

Yup - that's it - sit and wait.

 

And have a lovely Xmas.

 

xx

[nelix]

hey eveyone

happy new year.

 

We have had a letter back, 1st intesting point is thery have knocked a clear £600 off of the total amount. They also state they have put the account on hold, the orginal lender is experiencing a delay in retrieving the information from the archives. Their problem not mine!

So Im at it again and seeking your help, do I sit on this now til I hear something or am I meant to be replying?

all the best

n

[Brassed off]

Yes, just sit tight and wait Nelix and just see what else Cabot come up with. Did you request a Statement of Account in your CCA request letter?

[nelix]

Oh yes, everyone on here held my hand through it! Interesting enough they actually sent the £1 fee back.

[Brassed off]

Yes, they usually send the £1 fee back. Perhaps this is because of the Cabot Fan Club on CAG (scroll up to the top of the thread and click on the Sub-forum entitled Cabot). They're so popular, they have their own forum

[nelix]

Hi everyone

had another letter today, have a feeling we are responsable for a whole load of trees coming down!

This one says they havent been able to get the information within the relevent time period, but are continuing to do so. But we can try if we want too. Er this isnt my problem:???:

So my question is do I still do nothing or should I be responding? Bare in mind we think this debt is possible stat barred.

many thanks as always

N

[Seahorse]

Up to you. If it isn't on your credit file, and causing you problems other than their whiny scribblings getting on your nerves, I'd tend to ignore them until something rather more concrete turns up.

 

Such as an indication that court action is imminent. In which case, we'll help you put them firmly in their place.

 

Don't forget to neatly file away all correspondence in case you need it for future use. Such as complaining to the ICO, FOS et all when it becomes self evident they are on a hiding to nothing.

[nelix]

Hey guys Im back with a hot little letter from carbot that popped though our door this morning! Help and advise needed as per normal!!! They have basically sent us a copy of the debt when B/card sold it onto them in 2004, requesting us to phone them, oh sure like we are going to do that.Then there is a selection of what they call "a representation of the letter sent on 29/09/04." This was not recieved by ourselves, but this is the account was sold to carbot on 24/09/04. There is them almost a totally unreadable orignal copy of the application to B/card.Dated 1996.

We fell into problems in sept 98, this, we think is when the payment problems started. All the corespodence has carefully been copied since the debt was sold on. We have a couple of copies of "invoices" which we never got stating the total outstanding amount, dated 2004 and zero payment showing.

I am sitting here not looking at anything that shows me a date when the last payment against the debt shows up and I realise, from you guys, thats the one thing we need to know. I dont know what to do next. I think the last payment against this debt was over the stat barred period, but how do I find out.

I have to say the letter is not aggressive,which made me feel like they were trying it on.

I hope Ive not just written a load of rubbish, hopefully one of you out there can gently push me towards my next step.

as always

yours, in awe,

nelix

[nelix]

hi,

Ive been fretting about this, I really hope someone out there can tell me what to do next, see above post. When you helped me before and I send the CCA request, I gunuinely thought we would get some sort of payment statement back, but what we have is B/C telling us when they gave up chasing us and then it was sold on,to carbot, that being 4 years ago, I know they were unable to get payments and we certainly did not put anything in writting to them at all, we then moved, the debt was chased by B/C for at least 2 years without any payment, my hubby was not working and I was very sick. I guess Im pinning all my hopes on stat' barred, but how do I confirm this??? The thing Im finding very interesting in this whole situation is they are spinning it as being started from the date carbot took it onboard, not the time B/C had it and we ran into trouble, which my hubby seems to think was '98. So with cloak and mirrors they are sticking to 2004 being the starting point, which is untrue.

 

Guys, my hubby is out of work at the moment, so I would like to get this sorted....can anyone help???? I have no idea at what I should do next.

Ive been reading though loads on this amazing site, I wonder if these companies really understand how their continuing harressment actually makes some people ill, I suppose its a numbers game and truth is they dont care. I truely dont understand why they are able, legally to continue to threaten people with letters when the outstanding amount is over 6 years old????

 

I hope someone out there can push me in the right direction, just the word carbot makes me well up with anger! But having said that, the nice part of me thinks everyone has a job to do:grin: some just suck!!!!

Hope I havent been too naughty!

all the best to you all

nelix