case of not being contacted

[chids]

I received a letter out the blue from clarity yesterday notifying me of debt they were instructed to collect for cabot financial (europe) ltd for £4258.52. Not thinking i called clarity to find out what the debt was for and who cabot where, as i'd never heard of them, to be informed that it was for a barclaycard debt. I was given the account number and I called barclaycard and was told that this account was sold onto cabot 24th Aug 2004. I contacted cabot and asked why I never been contacted about this debt being bought by them, as it's been nearly 5 years, to be told we've written to you 15 times. Not one letter has been received until yesterday at this address informing us of th change over and we have been here 6 yrs. But the worst part of this is that when I contacted barclaycard to ask how much the original debt was they told me it was £2,705. I thought I was already paying this debt off as I already had another debt with barclays that i have been paying for the last 5 yrs and is just about finished, but now to find out the cabot have for nearly 5 yrs been adding the same rate of interest onto the amount as was in the original barclaycard agreement and clarity telling me i only have 2 yrs to pay this off and they want £177 per month or the are looking to send in agents or put a charging order on the house I don't mind paying if I owe the debt but can anybody give me some advice as to what to do as this can't be fair

[cerberusalert]

This could very well be Statute Barred or at the very least unenforceable.

 

Send a CCA request to Clarity http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter and a SAR to Barclaycard http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

The CCA will determine whether it's enforceable and the SAR will show when the last payment was made & whether you can reclaim any unfair charges.

[chids]

i spoke to barclaycard and the last payment they received from me was 25th march 04 and other than that all they could tell me was that cabot bought the debt 11th august 04. Last night i checked my experian credit report and i had a cabot financial uk listed but the default was dated 1/7/2004 and updated 24/5/2009 with the default as been listed "you failed to keep up your credit agreement and have not responded satifactorily to requests to bring your payments up to date, so the credit agreement has ended, but there is no listing on my credit report of barclaycard just cabot who never owned this debt on the date mentioned i'm confused can you help

[cerberusalert]

Send the letters above, they'll help gather the information you need to get to the bottom of this.

[chids]

thanks for your help the letters are in tonights post

[cerberusalert]

When you get the CCA back if you scan it, remove any identifying details & post it up here we'll have a look at it for you to see if it is enforceable.

[cerberusalert]

I've just realised that you are already paying Barclays for another debt. In that case the SAR 'will kill two birds with one stone' because you will also get information back about that debt too, so not only will we be able to discover whether that is enforceable or not but again you'll be able to determine any unfair charges you can reclaim.

[diddydicky]

did i detect a termination cofirmation there from b card? did they issue a DN?

[make them aktiv runners]

I've just realised that you are already paying Barclays for another debt. In that case the SAR 'will kill two birds with one stone' because you will also get information back about that debt too, so not only will we be able to discover whether that is enforceable or not but again you'll be able to determine any unfair charges you can reclaim.

 

Barclays & Barclaycard are 2 separate companies. Very easy for a consumer to see them both as the same and believe they made an arrangement to cover both.

 

May be worth sending SAR's to both Barclaycard & Cabot. If Barclaycard knew your address 5 years ago, you having lived there for 6 years, Cabot should have been writing to that address.

 

The CRA entry is correct, Barclaycard have to delete their entry at the point of sale and Cabot have to replicate in their own name what was true. That does not change the termination question already raised.

[Crapstone]

Don't panic. Just send off the letters and wait for their reply. In your defence Cabot and Clarity would have to give a good reason to a court why they have not initiated court action sooner. It may not be statute-barred but the company should have addressed and enforced the breach as soon as was reasonable otherwise they may not realise the full benefit of the contract.