Debt letter- help needed

[Hetty2008]

Hello everyone,

I am need of some advice, this is my first time here, and I am nervous.

I have just received a letter from cabot stating I owe £2000? from an M & S chargecard, now this letter came in my previous married name, and that was changed approx 12-13 years ago. .. and I know I wouldn't have run up £2000! so think it could be mega interest.

 

I havn't had anything from Cabot before, and to be honest can't even remember if I had letters from M & S, as I had a nervous breakdown at the time of my marriage break up.

 

I havn't been in contact with Cabot, nor made any payments etc.. I am trying to find out as much as I can, I think I read I should ask for a copy of the agreement within 12 working days? what happens if they provide that? ..I am so scared, my credit record now is good, and being paranoid anyway, has sent me into a tail spin.

Could anyone help me, and do I sign the letter after I have asked for the copy of the original agreement? as I have read conflicting reports about that too.

 

Thank you in advance

[42man]

Hi Hetty....and welcome to the CAG forums.....please try and relax as you are amongst others who are/have been in similar situations as yourself....my first piece of advice is to send letter 'M' from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Basically if you have neither made a payment towards or acknowledged the debt in 6 years (5 in Scotland) then it is barred by the statute of limitations act 1980.....even if you have made a payment, as long as there is a clear 6 years gap, then it will still be statute barred....

 

As for the letter above, send it by recorded delivery and do not hand sign the letter (print your name).....and keep the delivery slip and a copy of the letter safe...

[ScabHunter]

This sounds like a clear case of a statute barred debt.

 

Are you absolutely sure you have not acknowledged any debt or paid anything towards the account they mention in the last six years?

 

SH

[Hetty2008]

This sounds like a clear case of a statute barred debt.

 

Are you absolutely sure you have not acknowledged any debt or paid anything towards the account they mention in the last six years?

 

SH

 

I am sure as I have been very ill, no payments made, nor contact about this store card, as I said, I can't be sure they havn't contacted me under another company debt name, but I know for sure I havn't written to them or offered money, I havn't been well enough to deal with anything.

 

Thank you for the template.

[42man]

Send it off ASAP.....and keep us posted, please don't talk to them as some will lie to you to frighten you into paying....and if they carry on pestering you this is what the OFT say... - Section 2.14 (b)

 

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[Hetty2008]

Sorry forgot to say thank you for the welcome, do I send a letter asking for the agreement copy before I send letter M template ?

[ScabHunter]

Just as an aside it is important to realise that statute barring happens when ANY six year period elapses without payment or acknowledgement.

 

So, even if you had been foolish enough to contact them and start making payments after the six years, that would not prevent you from being able to stop paying as the debt is still considered to be statute barred and is not enforceable at law.

 

The tragedy comes if you are bullied into making a payment or acknowledgement after five years and eleven months. This starts the clock back to zero.

 

SH

[ScabHunter]

Sorry forgot to say thank you for the welcome, do I send a letter asking for the agreement copy before I send letter M template ?

 

Personally I would send them the statute barred letter. If a debt is statute barred then the agreement is an irrelevance.

 

SH

[42man]

No need to send an agreement request letter....statute barred is a complete defence .

[TheChancellor]

Just as an aside it is important to realise that statute barring happens when ANY six year period elapses without payment or acknowledgement.

 

So, even if you had been foolish enough to contact them and start making payments after the six years, that would not prevent you from being able to stop paying as the debt is still considered to be statute barred and is not enforceable at law.

 

The tragedy comes if you are bullied into making a payment or acknowledgement after five years and eleven months. This starts the clock back to zero.

 

SH

 

How does this work as regards a home repossession debt?

 

Is it 6 years for the interest & 12 years for the initial debt?

[Hetty2008]

Thank you very much everyone, you are so nice & helpful, I felt an utter failure writing this on a public board.

[Hetty2008]

I have written the letter will send tomorrow, what happens if they don't accept this? sorry to sound fraut, but this is the first time I have had this.

[ScabHunter]

How does this work as regards a home repossession debt?

 

Is it 6 years for the interest & 12 years for the initial debt?

 

There are some debts relating to property where the 6 year rule doesn't apply. You will definitely need a specialist to go into that with you.

 

SH

[ScabHunter]

I have written the letter will send tomorrow, what happens if they don't accept this? sorry to sound fraut, but this is the first time I have had this.

 

If they don't accept the debt is statute barred, then they will need to PROVE that it isn't.

 

The onus is on them to supply the proof that a payment or acknowledgement has happened within the six year period.

 

If they start to make claims of this kind, come back here and post what they say, but it doesn't sound from what you say as though there is anything genuine for them to pick up on.

 

Just for the record, you might want to have a look at PossVox's thread, where Crapbot have alleged that a payment was made on a statute barred debt. As of now, it is uncertain whether they will proceed as far as court, but they don't seem to have a shred of evidence to back themselves up.

 

It may never get that far with you. For now, send off the SB letter and see what happens.

 

SH

[TheChancellor]

There are some debts relating to property where the 6 year rule doesn't apply. You will definitely need a specialist to go into that with you.

 

SH

 

But is "everything" dead after 12 years?

[Hetty2008]

Can I ask for more advice, I have received a reply from Cabot stating that my case isn't statrue barred because I have made a payment, and they enclosed a print off of payments. Now this is where I get confused, I am not denying that I never had a charge card I did, it was the time lapse that was my main concern - the debt was given to GLOBAL and I started to pay off £5.00 in 2004 ( this is why I was confused when CABOT letter arrived) I was so scared when Global wrote to me I started to pay, that was in 2004, so I carried on paying to them however in May 2008 i called them to ask for more slips, and they say they had sold the debt ? heard no more until now.

Now here is why I am confused...in the letter that arrived today from cabot this is what it reads

"You acknowledged your debt on 29th May 2008 therefore we have a right to recover the outstanding debt on this account which isn't statue barred we can take acction through the courts and collect the debt including interest since 30/04/1996.

 

Now due to a mental breakdown I became ill in 1996, so this is when I must have stopped paying my card, then I heard from Global debt because of fear started to pay £5.00 in 2004. I have spoken to a guy at a local debtline, he says it would still have been statue barred even at 2002 which is when the statement shows interest-, but I am so upset and feel terrified, could anyone he;lp or advise, Cabot want me to ring them.

Because of my PTSD I can't deal with much nowadays, and I struggle to even put a good letter together, please help.

 

Just to recap as I have rambled.

Debt originally to M&S- 1996 ( lost job due to illness)

Heard from GLOBAL in 2004 £5.00 a month paid until 2008

Global sold debt to Cabot with alot of interest now.

 

 

and thats where I am.

[silverfox1961]

Having viewed lots of threads regarding Debt Collection Agencies and their underhand tactics I believe that from what you are saying the debt is statute barred. Once (IF)you get a reply from your CCa request and it shows no payments from 1996 to 2004 then it definitely is statute barred and they can go whistle. I would also be going back to Global to complain and also to Trading Standards.

fox8)

[Hetty2008]

Could anyone help me with a letter or wording that sounds like I know what I am atlking about I am so bad at these matters and its made me physically ill, thank you silverfox

[42man]

Dear sir / madam...(send recorded)

 

I will not be making any more payments to your company. This debt was statute barred even before I was making any payments in 2002

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

[silverfox1961]

 

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other __________________

[silverfox1961]

I copied that from the template letters section

replace all the red bits with your relevent information.

fox

[Hetty2008]

Silver fox, that is the letter I have already sent.- they replied the next day its not statue barred- why would Global sell the debt when I was paying it?.

At that stage I hadn't even heard of statue barred, and paid it because I am terrified of strangers coming to my home, as they said I'd have collectors , so I started to pay Global in 2004

Should I ask for the original agreement, sorry about all the questions but I am in your hands here, as I don't know what I am doing, they havn't phoned as none of the compnaies have my number.

[silverfox1961]

OOPS! Sorry hetty my bad. I should read earlier posts a bit better.

I think they need to prove that it isn't statute barred but as I'm still a relative newbie I can't point you in the direction of any relevant letters that others have sent. I'll have a look around and see what i can find.

fox

[silverfox1961]

I'm sorry but this is all I could find.

you could amend to suit your situation.

Their ADDRESS YOUR ADDRESS

 

 

 

 

Dear Sir Madam,

 

I refer to the above account number regarding my account with yourselves, it is my belief that the debt that you have purchased from XXXXXXon *DATE* is statute barred, the reason for this is that I was originally defaulted in *DATE*, and XXXXX bought the debt around *DATE*, thus making the debt statute barred as I have had no contact or acknowledged the debt in a six year period from *DATE* till 2003, therefore it is my conclusion that the default you have registered against me is unlawful.

 

If you don’t remove the default within fourteen days a county court claim for removal and damages will be issued with out further notice.

 

You have 14 days to reply to this letter.

 

Regards,

[Hetty2008]

Is this going to make any difference the fact I paid to another debt agency ?- is it still SB ?

 

Thank you for the letter silverfox