being chased by Cabot Financial

[TinksandPink]

Hi Everyone

 

i am very new to this site but already have found it extremely useful...

 

I am a bit confused as to wether the account is now statue barred, no payment has been made since 2003, the account was opened in 2001, which was originally provident which was then sold to NCO Financial, then moved to Monument and now Cabot... the balance is now over £1600 and the balance was roughly around £600, so as you can imagine I am more than reluctant to pay this as I do not owe all this money - NCO were very nasty and were originally advised that I could only pay £40 per month which I was paying , then one evening whilst I was at work my husband received a phone call from them advising him of the balance and also that they were prepared to offer a settlement figure of £513, all of this was in my name only and he did not even know that I had credit let alone struggling with it.... I sent letters after letters, requested that the person who spoke to my OH had breached the data protection act, when I requested that they listen to the call I was advised that there was no call recording made - how convenient ! The chap was extremely rude.... Needless to say the correspondence dwindled I then was advised that Monument were now in possession of the account... again I sent corrrespondance and copies of copies etc etc to prove to them what they had done and also that the balance was increasing and I didnt know why as it was being held with a debt collection agency . . Cabot are now threatening me with door step call, I have responded today with the template of letter from here advising that I will only correspond in writing, but i dont know what to do next ! ???

It is stressing me out big time and I am so on edge all i want is an end to this I have other debts that I am struggling to pay and just wanna get this sorted....so please any help as to my next move would be so greatly appreciated

Many Thanks

 

TinksandPink

[clemma]

I have asked the site team to move this to the correct forum.

 

When exactly did you last make a payment? If it was pre June 2003 then this is statute barred.

Edited July 15, 2009 by clemma
coz I was too tired

[bigandyuk1]

I am guessing you mean pre June 2003

[clemma]

ermmmmm - yep

 

Was still half asleep when I wrote it

[UnitedFront]

As long as there has been no written acknowledgement of the debt or payment on the debt within the last six years it would be statute barred.

 

However, I believe I am right in saying that if you have sent written acknowlegement of the debt within six years (and they can prove this) then it would not be statute barred.

 

Cheers

UF

[TinksandPink]

thanks Everyone

 

to be honest i cannot remember the last time that I sent any correspondence - but don't want to send said letter re STATUE BARRED and then they come back with copies of my letters ,but then i guess it will prove they have received correspondence from me . .. is it worth me writing to them again and asking for a true CCA from when i first opened the account or should I take a chance and respond with the statue barred letter ??

 

All help appreciated

 

Many Thanks

Tinks:?

[TinksandPink]

**** oops I meant Statute Barred !!

[clemma]

If you are sure about the last payment date, then send the SB letter - its up to them to prove it's not anyway:

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

Acc/Ref No xxxxxxxx

 

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 contact 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

[TinksandPink]

Hi

 

Thanks for your help

So fed up with all of this 1

 

I now have an added problem that I paid a balance in full and final settlement to the LEWIS GROUP £516 (RE Debenahms account) now I have had a letter from CL Finance saying I owe £319 ...

 

Luckily I kept a slip of paper that I had from Lewis group with the amount on so guess I will be writing to CL Finance now !! aaaaaaggggggghhhhh

 

SO FED UP - dont seem to be getting anywhere fast !

 

This site is amazing and so glad that i stumbled across it

 

thanks again for taking time to reply

 

Tinks