Cabot Financial again!!!

[beds_male]

Happy new year to you all,

 

Having some problems from Carbot, they are chasing a debt that i am saying is statute-barred as i have not heard anything from the creditor during the relevant limitation period of 6 years.

 

 

Recieved a letter this morning that reads as follows.

 

You've stated that your outstanding balance is statute-barred because the course of action in this matter began more than six years ago.

The debt was last acknowledged by payment of £75 on the 2 October 2002.

 

Therefore our right to recover the outstanding balance on this account is not statute-barred and we can take action through the courts to recover the outstanding balance, including all interest accrued since 27/3/03.

 

Now i am sure October 2002 as over 6 years ago, hence why i am saying the debt is staute-barred. Am i missing something here, if so any advice would be appreciated.

 

Mark

[bigandyuk1]

Dear Crabot,

 

Thank you for acknowledging that any payment to this debt was over 7 years ago. Please hand this letter to someone with a brain or a calculator or both. Now go away and do not bother me anymore.

 

[spamheed]

Happy new year to you all,

 

Having some problems from Carbot, they are chasing a debt that i am saying is statute-barred as i have not heard anything from the creditor during the relevant limitation period of 6 years.

 

 

Recieved a letter this morning that reads as follows.

 

You've stated that your outstanding balance is statute-barred because the course of action in this matter began more than six years ago.

The debt was last acknowledged by payment of £75 on the 2 October 2002.

 

Therefore our right to recover the outstanding balance on this account is not statute-barred and we can take action through the courts to recover the outstanding balance, including all interest accrued since 27/3/03.

 

Now i am sure October 2002 as over 6 years ago, hence why i am saying the debt is staute-barred. Am i missing something here, if so any advice would be appreciated.

 

Mark

 

 

Dear Cabot, tahnk you for your letter dated xx/xx/xx the contents have been noted.

 

I am most grateful that you have confirmed that the last acknowledgement of the debt was In October 2002, and that you have confirmed that this account is in fact Statute Barred and as such completely unenforceable.

 

I trust this resolves any business you may feel you have with me and would take this opportunity to advise you that now that we have fully established the status of this account, any further demands from yourselves will result in complaints being levied with OFT, Trading Standards and FSA.

 

Yours etc..... (add lots of kisses)

 

Obviously keep this letter VERY safe, it's a doozy, you might wish to include a copy of it with your reply and of course obtain prrof of posting/delivery

 

Great stuff

[beds_male]

Thanks Spamheed and Andy, I am sure i did learn basic maths at School.....i knew it would come in helpful on day.

 

Have a great new year, and look forward to the reply.

[babybear39]

You've got to give them full marks for trying it on though lol

[the_shadow]

Oh dear... lets hope nobody brought them a calculator for xmas... :-D

 

S.

[B3rty]

Also dont forget to report them to the CSA and tell Cabot you are doing this as chasing satute barred debt is a big no no even for them ( CSA)

 

I have a complaint

[beds_male]

Yeah i have just sent off the letter (recorded delivery) to Cabot, and have also emailed them the same letter, so they know what they are getting. Might even throw in an abacus or calculator so they can get the sums right. As for the CSA, am in the process of reporting them, slap on the wrist for Cabot i hope!!!

[ScarletPimpernel]

I'm sure your letter will do the trick, but it's always worth mentioning that you won't be paying, since the OFT Guidance allows DCAs to pursue statute-barred debt until they are made aware that no funds will be forthcoming.

 

Their untrue and misleading statement that they can enforce through the courts is disgraceful, and should be the subject of a complaint - I'd put money on them claiming an 'admin error' though.

[babybear39]

Crapbot's exscuse for anything would be "ooh, it's an admin error"

[tbern123]

Save yourself a bit of time and send an email to Ken Maynard at Cabot, carefully explain that 2 (2002) + 6 (statue of limitations) = 8 (2008)

 

Therefore, by Cabots own admission the debt is statue-barred.

 

P.S also wish him a Happy 2010 from the CFC

[beds_male]

How do i go about making a complaint and to who, as a newbie on here i have no idea where to go, or how to put in the complaint.

 

Thanks guys, you have been great.

[maroondevo52]

How do i go about making a complaint and to who, as a newbie on here i have no idea where to go, or how to put in the complaint.

 

Post 7 in this thread

[beds_male]

Thanks Maroon, should i refer them to the letter i received?

 

In answer to my question, i will be sending a copy of the letter.

 

Thanks again Maroon

[Fred Bassett]

Send them this link: Baby Math Flash Cards | Teach Math Online | Little Math Learning System

 

Regards.

 

Fred

[beds_male]

Just received a reply from crapbot today which reads as follows.

 

We confirm that this account is not statute barred due to previous information received regarding a bankruptcy order ref VA***** dated 10 November 2003.

 

In order to investigate this matter further we require a sight of the bankruptcy papers.

 

As i have never been made bankrupt, or have no idea what or where these so called papers are, how do i reply to these ****.

 

Thanks in advance

[lickthewallfatboy]

In words of 4 letters or less it would seem

 

Are they special needs?

[babybear39]

If you'd been made BR suerly they can't chase the alleged account

[the_shadow]

If you'd been made BR suerly they can't chase the alleged account

 

Unless it was outside of the BR.

 

Personally I'd reply stating you will not be providing them with anything, its not your responsibility but you will however be forwarding their letters to the OFT.

 

S.

[spamheed]

Just received a reply from crapbot today which reads as follows.

 

We confirm that this account is not statute barred due to previous information received regarding a bankruptcy order ref VA***** dated 10 November 2003.

 

In order to investigate this matter further we require a sight of the bankruptcy papers.

 

As i have never been made bankrupt, or have no idea what or where these so called papers are, how do i reply to these ****.

 

Thanks in advance

NOvember 2003 + 6yrs = Statute barred, with or without a BR this debt is dead inn the water, tell them very simply to Foxtrot Oscar and report them to all and sundry, you have told them where you stand, they have lied, either in the first letter or the second, (only one of them can be a mistake) either way they have lied and should now be punished

[beds_male]

Recieved a letter from Crapbot today....

 

We apologise for the previously incorrect information regarding bankruptcy on this account.

 

We now acknowledge that your account is statute barred and so governed by the limitation act 1980. Under the OFT guindelines it is accepted that legally the debt still exists but that collections must in no way be contrary to section 40(1) of the Administration of Justice Act 1970.

 

Whilst we don't consider our actions to have breached any law or regulatory guideline, your account has been withdrawn from our regular collections process.

 

Now that was to easy, was expecting more of a fight with them, but they seem to finally realise that the last payment was in 2002 and as its now 2010, more than 6 years has passed. Maybe someone found a calculator.

Just want to say thanks to all who posted and helped me out with Crapbot, and keep up the good work.

 

M

[babybear39]

YAY!!! Congratulations, keep that letter VERY safe

[lostinspace1000]

there trying something similar with me. last payment was 2003 but they're saying not satutued barred as there was a failed DD in 2006.... what the hell! Im in scotland so the satutued barred is only 5years and not 6.

[ketw001]

hey, im also having problems with a debt that is well over 6 years old, any help on what do to next would be very much appreciated.. i recieved a letter from rockwell dca, acting on behalf of tessera portfolio mgment., this letter stated i owe them a large amount of money, this was a loan owed to intelligent finance, iv since sent them a letter stating its statute barred, to which they replied i made a payment on jan 1st 2005, i have no knowledge of this payment what so ever, and asked them in another letter to prove this and again stated i belive this debt to be statute barred, they have now sent me a copy of a statement listing all payments on this account which could of been printed on any standard pc.. and this payment is for £1 on jan 18th 2005, i have never made a £1 payment to anyone in my life, plus they have given 2 different dates for this payment, what would be my next move concerning this issue,,any help much appreciated...thanks...

[lostinspace1000]

was it a DD? if so you would have to sign one. £1 what an odd amount, when was your last payment before this and was it for more than a pound? i reckon they're at IT! just keep asking for proof and remember never give them your signature as im sure they will put it to a constructive use. Keep this account in dispute that way that cant do scooby!