help required urgent

[hallett2007]

OK this is a debt of my dads which he asked me to look at today but i dont know where to start so thought i would ask you nice people here as you have helped me before.

 

this is what i know:

 

Dad has been ignoring letters from cabot for a debt which he says is an old barcley card which was last payed and used in 1999.

 

I now believe it has been to court as he has had letter from solicitors on saturday saying they have an application for a charging order over your property, this application will be made 7 days after date of letter. (which was the 3rd of september)

 

Dad phoned and told them he not paying doesnt acknowledge the debt as it is 9 years old.

 

there is a notice of change of solicitor they sent with the letter which i dont understand. sorry cant post pics of letters as dont have scanner.

 

Advise much appreciated.

[emmaf01]

Does your dad have all the letters from Cabot?

 

Can you track what has happened- has he been taken to court for a CCJ already?

 

What does the last letter say- does it have court details, where, when, court number etc? Or does the exact words say we MAY get a charging order?

 

Are there any dates on the letter/ timescales?

 

And who is it from- Cabot?

[huggys boss]

Firstly..........DO NOT RING THEM ANYMORE

 

Secondly............THIS DEBT SHOULD BE STATUTE BARRED FROM WHAT YOU HAVE SAID.

 

Sit tight, somebody on here will be in touch and tell you your rights very soon.

[hallett2007]

Does your dad have all the letters from Cabot? NO think he binned them thinking they would go away.

 

Can you track what has happened- has he been taken to court for a CCJ already? Not sure hasnt had a letter saying so.

 

What does the last letter say- does it have court details, where, when, court number etc? Or does the exact words say we MAY get a charging order? The letter he gave me is from shoosmiths solicitorswhich says they are instructed to proceed with an application for a charging order

 

Are there any dates on the letter/ timescales? The solicitors letter is dated the 3rd of september and it says the application will be made 7 days after the date of the letter. which gives him till wednesday

 

And who is it from- Cabot?

Originally cabot. notice change of solicitor says shoosmiths.

[emmaf01]

Send the Statue barred letter by special delivery to Shoosmiths TODAY.

 

Letter M.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[hallett2007]

Ok i will do that, i thought maybe i should be wasnt sure.

[emmaf01]

Just get it there asap. It just looks like they are chancing their arm on this one.

 

I also used to used your dad's filing method- many of us on here did. Then I progressed to putting them all in a drawer and now I've started dealing with things, I am finding gems from most of the DCA community in there. My attitude has changed so dramatically, all thanks to CAG.

[hallett2007]

do i put at the top i do not acknowledge this debt?

 

Thanks dont know if the solicitors will listen though might have gone to far.

[OnMyWayOut]

Yes, do that, and don't sign the letter, just print his name.

[emmaf01]

Of course it would perhaps be easier to deal with earlier, or with more information.

 

But many of us have used the bin or drawer filing method in the past. The key is to deal with it now.

 

These "solicitors" may not listen now- but if they try to get a charging order when they have been previously told the debt is statute barred, then there is an automatic reason to fight them.

[Multay]

Hi Emma,

 

Do you think the CCA request would also be in order? The reason I ask is that if they do go for a charging order after the request has been made and they haven't supplied one, that would also be a defence in itself.

 

Would that compromise the Stat Barred? I can't see why it would be I'm no expert...

Just thought that if time is tight it would be worth getting the clock ticking on the 12+2 working days and would add more to the defence...

[emmaf01]

You could also go for CCA- starting the letter with the obligatory "I do not acknowledge any debt to your company or any company you represent".

 

The key would be to send the statute barred letter- then if they come back to say there has already been a CCJ in the case which would restart the clock if it was not defended, then go for the CCA, perhaps.

 

But statute barred (with out any prior court action to reactivate the debt) is a complete defence against this claim.

 

I think that is all right- unless anyone else can correct me?

[Lula]

Does the CCJ not depend on when it was issued? because as I understand it, once the debt becomes SB'ed then that is it, nothing can restart the clock, so we would need to know the date of the CCJ.

[emmaf01]

I mean if the CCJ was recent- ie if they have got one recently which has not been defended. Sorry if I was not clear about that!

 

It sounds like the OPs dad is being railroaded, as the DCA think he doesn't know his rights and will just ignore them OR that this will make him panic and pay. Usual tactics.

[hallett2007]

i will speak to dad this afternoon and see if he can tell me anything else.

 

wish he had kept his letters.

[emmaf01]

Ask him if he saw any court documents- but whatever he says, send off that statute barred letter today by special delivery so it gets there by noon tomorrow.

[hallett2007]

i have posted the statue barred letter special delivery will be there by 1pm tomorrow.

 

thanks for your help it is appreciated.

[emmaf01]

Brilliant- hopefully this can stop them running to court- or at least slow them down enough to get more information.

 

Shout if you need anything.