cabot AGAIN

[pmhcfc]

I'm wondering about the blacked out items too, perhaps its the info about how much they bought the debt for ?

 

I have, in my possession, two different (debt) purchase paperwork involving Cabot. In the first one, they paid 8p in the pound for every debt in the portfolio and on the second one they paid 12p in the pound for every debt.

[sonic140]

Have sent dispute letter and waiting for response. In the meantime I have received another reem of paper from Cabot stating it is standard disclosure, only difference now is extra statements and attached. says they have credit agreement but it is the same as before.

I also have a form from the court. should I send a copy of my dispute letter to the court or wait and see what Cabot do?

[veryweary]

Sonic, you seem to have a number of threads on this Cabot issue, which is a bit confusing. as no single thread has all the facts and info, which people need to give the most relevant and helpful advice.

 

Have bumped up your thread on the legal forum.

[murdoch4]

can anyone tell me how old a debt has to be before it becomes unenforcable, when does the date start. ie is it from when cabot bought the debt or when last payed the bank.

 

many thanks.

[debt4get]

it becomes statute barred after 6 years from when the last payment was made...(5 in scotland) and dont let crapbot tell you differently

[murdoch4]

Thanks Debt4get, these people are hassling my dad as they don't know where i am now (debt is at least 7 years old) is there a way to stop them doing this as threats of baliffs and charge orders being made. By the way i moved from there about 20 years ago so i guess they are just trying their luck.

 

Regards.

[debt4get]

try this send rec delivery

Dear Sir/Madam

I do not acknowledge any debt with your company

Acc/Ref No

you have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I 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.”

I 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”.

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

 

I look forward to your reply.

 

Yours faithfully

 

[murdoch4]

Many, many thanks i will let you know how i get on

 

Regards.

[sonic140]

Back again. got response , basically telling me to get lost. they also said my paperwork to court is late. contacted court and they say they havent received it. Only letter I never sent recorded, lesson learnt!! Can Cabot keep hold of the credit agreement and then produce it in court or are they obliged to show everything before? (Never ever requested a SAR,only CCA letters )

[CBSH]

Just a quick note,they have the wrong dates for the court order, looks like you don't need to supply paperwork until the end of this year!

[sonic140]

just noticed that myself. anybody Know what I should do now?

please help

Edited March 30, 2010 by sonic140

[sonic140]

Help!!! Never received court date but taken to court on 27/5/10. Got letter from court last week. Judge gave them decision. £9000 plus interest plus £3000 costs!! Got a folder from Cabot a week ago with their evidence.

Can I ask for this to be set aside or do I just give up and try and get a payment plan? I know they want to try and get a charging order on the house I owned with my ex. ( I still have my name on mortgage because shes at uni and cant afford to take over mortgage till she finishes studying)

As always all help very much appreciated:confused:

[debt4get]

if you were never informed about the case then you should apply to set aside...charging orders are now virtually worthless and should not be viewed as the dca is gonna sell my house..

link here for charging orders and what now happens

http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

[sonic140]

Also I go Cabots evidence pack a few days ago. It is dated the 20/5/10. Think they did this on purpose so I wouldnt have their evidence.

[cerberusalert]

Have a read of; http://www.consumerforums.com/resources/templates-library/51-guidance-notes/620-applying-for-a-set-aside

[sonic140]

Yet again problems with Cabot. Sent in Application to have judgement set aside. Have now received an interim charging order letter (one sent to my ex and she is not happy!!). What do I do now??????????:confused:

[debt4get]

nothing really you have to wait for set aside for ccj when and if granted that will automatically make the c/o null and void

have a read of this as well it may make you feel a bit better about c/o

http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf