Help! need further advise...

[nelix]

well the saga continues, we sent the reg stat barred letter to the The "solicitor" who I think is just another part of carbot. I then got back, and in fairness it must have crossed over an offer to knock off £800 odd quid. This amount keeps going up and down like a yo yo, the letters I have got are laughable. What I dont understand is they threaten a CCJ on the 29/04 and then it goes back to an offer from carbot on the 19/05 at a knock down one time price! Do they think we have come up on the banana boat???

Seriously now Ive sent this stat barred letter, what is my way forward if they do not acknowledge it, cause Im getting sick to death with this.

Anyone of you people who know whats what, got any ideas? please bare in mind the stat barred letter went to the "solictors" and if they cant forward that back to carboot Im thinking thats their problem cause as far as I was concerned they had passed it over to their legal team. Think its a case of the right hand not knowing what the left hand is doing!

a slighty bemused

nelix

ps hope every one is ok and if theres anyone out there reading this and hasnt posted their problem, all I can say is this site has saved my sanity! They are a fantasic group of people.

[nelix]

hi everyone,

now Im very confused, had another letter, 2nd class telling me our account is not stat barred and they have put the price up again. They say a default notice was issued on the 22 oct 02. I still have yet to see any paperwork showing a payment on that day, we are quite clear in our own minds no payment was made a long time bfore this. They seem to be inplying that the stat barred is from the default date they have given the account and not from the date of the last payment against the account.

What I also find really puzzling is all this is 2nd class and the amount keeps wizzing up and down like a yo yo. Oh course the bigger question is, if they are in the right, why on earth havent they done something about it???

Id be dead grateful for anyones thoughts on this, its not actually worrying me, but its a bit of a pain in the backside as I feel Im being bullied.

thanks everyone

nelix

oh and theres a very flimsey "we can take action through the courts" in it too. All pretty weird???

[42man]

So the default was issued on the 22nd October !! it makes no difference when the default was issued it is stat barred if you haven't made a payment NOR acknowledged the debt in 6 years....THEY ARE LYING !!

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear sir/madam,

 

Thank you for your letter of the DATE, the contents of which have been noted.

 

I refer you to my letter of DATE, in which my position was clearly described. To reiterate, you were informed that this alleged debt is Barred under Statute in accordance with Section 5 of the Limitation Act 1980. I have included a copy of this original correspondence for your perusal and ease of reference.

 

 

As your letter contests that this is the case, it is now your legal obligation to substantiate your claims and to prove that this alleged debt is indeed enforceable and not barred by statute.

 

You should be aware that I am fully familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to mislead debtors as to their rights and obligations by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred.

 

 

You should also be aware that if you are unable to substantiate your claims then your behaviour will be considered harassment contrary to section 40 (1) of the Administration of Justice Act 1970, and may result in my choosing to pursue action against you.

As was stated in my last letter, any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003.

 

 

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

 

Finally, I expect no further contact be made concerning the above account unless you can provide clear evidence as to my liability for the debt in question, or your written confirmation that this matter is now closed.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

[42man]

Send this by recorded delivery.... and also write in the letter that if you have to write again you will send them an invoice for £12 for your time.

[nelix]

you are a complete star! thank you, Id guess they were trying it on, I'll follow what you have said. Im going to be very honest here, when I first joined this site I was terrified, at every letter, every knock at the door, you guys have held my hand through this and Im a changed girl. Not to mention my husband is very grateful too, its his debt Im dealing with!

Thank you from the bottom of my heart.

nelix

[nelix]

Im back and my saga continues. Two weeks ago we had a whole aray of the carbot 2nd class letters. Once again I do not understand that if they have proof that this isnt stat barred, why the heck havent they acted on it:rolleyes:

So this morning we get a letter from a company called FIRE and its a notification of instruction to collect. Urging us to phone, luckerly they dont have our number! Now should I be sending the above letter to them as well? and can anyone shed anylight on these people, Im assuming its been sold on yet again. They sure dont want to send us any proof of the last payment as it was over the stat barred date. But as you all have told me thats for them to prove, not us.

Im getting quite a file on this now!

Thank once again,

nelix

[ScarletPimpernel]

Cabot are dullards, but persistent. Try something like this:

 

FIRE

c/o Cabot Financial

 

Dear Sirs

 

Re: Account no. xxxxx

 

Thank you for your letter dated xxxx, the content of which is noted. No debt is acknowledged to you or any company you claim to represent.

 

I have made my position clear on a number of occasions. For the avoidance of any doubt, it is that the alleged debt is statute barred under s.5 of the Limitation Act 1980, and no payment will be forthcoming in relation to it. You have failed to produce any evidence to the contrary.

 

The Office of Fair Trading Guidance on Debt Collection (with which, as holders of a consumer credit licence, you are obliged to comply), is clear that continuing collection activity in these circumstances is an unfair practice. Such pursuit is also contrary to s.40 of the Administration of Justice Act 1970.

 

If you aver that the alleged debt is still legally enforceable, then I require you to send me substantive proof, such as that you would rely upon in Court. You are reminded that it is for you to prove that the alleged debt is not statute-barred, and not for me to prove that it is not. In the alternative, I require you to confirm that you recognise the debt as statute-barred and that all collection activity has ceased.

 

Your attention is drawn to the Consumer Protection from Unfair Trading Regulations 2008 in general, and in particular ss.5(b), 6 (1) (a-c), 7(1 & 2).

 

If you do not understand this letter, you should seek professional advice.

 

Yours etc.

 

The sections of CPUTR to which I refer are those which prohibit misleading consumers by hiding or omitting material fact in order to influence a transactional decision (in this case, paying Cabot); breaching codes of conduct to which a company has subscribed (the OFT Guidance); and aggressive trading, including threatening court action that cannot legally be taken.

 

As always, don't sign it, and send by recorded delivery.

[nelix]

Thank you!

I have to say I burst out laughing when I read the final line in the letter. We will print and send, Im assuming I should be sending it to FIRE now, as carbot have given up??

all the best

nelix

[ScarletPimpernel]

FIRE are part of Cabot, and the c/o address is how they are shown on their Data Protection registration, so I'd stick with it, if only to annoy them. It's just a different Cabot letterhead.

[nelix]

You are a font of knowledge!! We had a while ago a letter from Hodsons solictors, are they cabot too?

Will do the letter tomorrow, what amazes me is if they have total faith in the fact it is not stat barred, why the heck arent they taking us to court. Both my husband and I are prepared to take this all the way, we keep thinking of the people who are having a similar problem and dont know their rights. I wouldnt if I had not found you guys.

my very best wishes and I will keep you updated!

nelix

[nelix]

Hello to anyone that has held my hand through this.

We recieved a letter stating they will take whatever we offer !!!??? This comes from Fire. Im staying stum now, is that the best thing after all the letters we have sent re state barred letter and asking them to prove the last payment, which was over 8 years ago. NOTHING. I stress, all this is 2nd class and I have a whooping file on it. Im seroiusly thinking about complaining now. This is really beyond a joke. If my husband is in the wrong, take us to court. Im just glad they dont have a telephone number and would strongly advise anyone in this situation, not to open that line of communication up!

So, anyone got any more advise, do I just keep sitting on it now...Ive done everything you have said and still dont get a court date, are they playing me??? and what should I do cause Im as mad as hell.I feel like offering them a quid...IM JOKING!!!!

yours as always

nelix

[maroondevo52]

Hi, Nelix.

 

Congratulations, sound result.

 

Have you had a look at this...........

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146530-have-you-received-threatening.html

 

Might be worth putting a complaint in

 

Regards.

 

Scott.

[nelix]

Thank you once again, I am so angry at the moment that I feel I need to calm done. But I think I will take it farther because I have read all of your stories and I know the utter heartbrake it courses too. People need to take a stand about this. I will let you know how I go on, but once again I thank you all, what a fantasic site this is!

yours

nelix

[nelix]

Hi guys Im back again!

Ive just opened a 2nd class urgent letter informing me its a "pre-visit notification" we "have too" contact them within 48 hours or else. threats of a door step agent etc. Im really getting mad, they cannot prove this isnt state barred and after all the letters you have helped me send they are still pestering us.Although I doubt if anyone will turn up Im glad I know my rights and I'll phone the police straight away, I have a bit of a talent for being a drama queen;-)

Any advise??

nelix

[nelix]

Hi guys, another day another letter,

this time I have one refering to a warrent of execution...threating balfiff to remove items from the house, also a chraging order...on the property, which is rented:confused:and an attachment of earnings along with an order to obtain information, and last but not least, an external debt collection agency calling on us.

I wondered if someone could confirm just where I am at, for my own piece of mind.

We have NO evidence of a payment being made within about eight years, we have sent the letters you have very kindly held my hand through, and had no real reply apart from one that says its NOT statt barred but no evidence to back this up, the letters are now coming hard and fast.

Can I go back to basics, if they seek a CCJ, do we get to know about it? Im 100% sure this debt is stat barred, should I be sending another letter. Im a bit lost at the moment. Please dont get me wrong, you guys have been fantasic, but I need to know what to do if they turn up on my doorstep, I know the first thing is to phone the police, but I slightly worried they can get legal papers which might baffle me.

Thank you once again for holding my hand through this , you all are total stars!

I leave you with the fact I have a bulging folder of letters, why havent they taken the correct legal route if they can????

If you are reading this and are new to this site, Id urge you to take the guys on here advise...they are brilliant. They have taken a very worried lady and turned her around into a confident know it all!!!!!

all the best to everyone

nelix

[pcah9]

Hello Nelix,Hope your well.

I have experienced roughly the same but with Lowell and barclaycard.

I think you are at the stage where i was and i was totally fed up with their stupid little game.

You know you are correct,i knew i was 100% right so this is what i did.

One letter to lowells informing them that i had reported them to the oft and made an official report to the financial ombudsman,as the complaint was against their company they now deal with the ombudsman.

One to the original creditor telling them the financial ombudsman is now dealing with the matter of selling a "non-existent " debt.

The complete set of documents to the ombudsman for them to investigate lowells and barclaycard.

I lodged the official complaint in dec2007 and it has yet to be assigned to a case worker but lowells haven`t had the nerve to write or ring,cos they know they are beaten hands down.

You can only take so much from these muppets and if you know 100% you are right REPORT THEM NOW.

[nelix]

Hi guys,

just wanted to keep you in the loop, we recieved another letter, they have gone back to using the official solictors letter, that is their sister company agin, thats twice we have gone this route, after me sending all the above letters you have advised. Im fed up with replying now. Im still collecting all the letters for the future complaint.I do wonder how many people who are stat barred that they fool with this sheer bullying?

hope you are all well

nelix