Clarity/Cabot letter

[xandria6]

Hi all,

 

I hope everyone is enjoying the World Cup!

 

 

I've received a letter from Clarity, chasing a debt on behalf of their client, Cabot Financial (Europe) Ltd. They were also offering me a 'Reduced Settlement' (aren't they nice?).

 

I've posted on this forum a couple of years ago, and I was told this was statute barred, so I just ignored the Clarity letter.

 

Today I've received another letter with a great heading: STOP FURTHER ACTION NOW, and all that 'we wrote you recently but our records indicate that we have not reached an agreement with you'..

 

Now, I've been reading some threads here, and I'm just confused of what I should do first: CCA, SAR, etc. What should be my action plan to tackle this?

 

I've registered at Experian/CreditExpert.co.uk for my credit report, but that will take up to 2 days to process my info (I wanted to check my credit report to see what's going on).

 

I can scan the letters if anyone thinks it'll help.

[silverfox1961]

Have you informed Clarity/Cabot that this debt is SB? If not, now is the time to do so.

[cerberusalert]

I hope everyone is enjoying the World Cup!

Personally I would rather watch paint dry, it'd be more exiting.

Today I've received another letter with a great heading: STOP FURTHER ACTION NOW,

You can quite easily, send the Statute Barred letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred or if you are in Scotland this one; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

 

If they continue to pursue make a complaint to Trading Standards via Consumer Direct Consumer Direct - Contact us

[xandria6]

Thanks for the reply, guys.

 

Have you informed Clarity/Cabot that this debt is SB? If not, now is the time to do so.

 

I haven't sent any letter to them, yet. I thought I should check my credit report first, just to make sure of the dates, etc.

[xandria6]

Personally I would rather watch paint dry, it'd be more exiting. ;)You can quite easily, send the Statute Barred letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred or if you are in Scotland this one; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

 

If they continue to pursue make a complaint to Trading Standards via Consumer Direct Consumer Direct - Contact us

 

Stupid question: Does it matter if I was living in England at the time (when I got the Credit Card)?

[cerberusalert]

The Limitations Act is 5 years in Scotland, six years in England. If they were stupid enough to try court action it would have to be in Scotland if you live there.... so send that one,

[xandria6]

The Limitations Act is 5 years in Scotland, six years in England. If they were stupid enough to try court action it would have to be in Scotland if you live there.... so send that one,

 

Thanks again for replying, Cerberusalert.

 

I was reading the template and I found this:

 

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".

 

Now, I've moved a lot over the past years and in 2008 I just ignored those Cabot letters. Do you think this could still be applied to me?

[cerberusalert]

Do you think this could still be applied to me?

No, it's you that must not have written to them admitting the debt or making payment.

[xandria6]

No, it's you that must not have written to them admitting the debt or making payment.

 

Thanks again

[NailPost]

If they have marked your credit report and this is statute barred you must insist they remove the remarks. If they refuse, or claim to have good reason to keep reporting this to their mates at the cra's, they must explain why. If they refuse to do anything at all you could ask the Information Commissioner to order them to delete the remarks. Personally I'd start a legal claim for defamation against them and enjoy spending the damages.

[xandria6]

Hi all,

 

I was still waiting for Clarity's response to my CCA request:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

before sending out the Statute Barred letter. They've replied with the following:

 

 

 

They've also returned my £1 postal order. Now, I thought they had 14 days to reply with the requested information, isn't that right?

 

What should I do next?

[Seminole]

Just send them the SB letter. That should resolve the issue once and for all although make sure that Clarity remove any Table 1 searches that they will probably have spewed across your credit files.

[silverfox1961]

Virtual Collections team???

 

Does that mean they don't really exist?

 

Remember, it is for them to prove this debt is not SB, not for you to prove it is.

 

Ignore that petty little letter

[Bilbous]

Firstly i apologise if adding this to this thread is innapropriate but considering it is the same company i felt it better to add to an existing thread.

 

I am enquiring on behalf of my sister in law who moved to Jersey in 2005, she had a debt with Bradford & Bingley from 15 years previous (ex husband joint mortgage, repossesion etc) and had been paying so much off in 2005, when she moved to Jersey she stopped paying it.

 

Now she recieved a letter from Clarity today, although it was the wrong address, but the postman knows her so took it to the correct address. The letter was also sent to her previous married name and not her new name from her subsequent marriage in 2005.

 

Seems to be the standard letter Debt owed to Bradford & Bingley group, legal proceedings will be taken etc etc.

If she pays within 10 days they will stop the court action.

 

Now when she originally started paying this off it had been over 13 years since the debt occured, but as far as i understand because she acknowledged and started paying the debt it then becomes an active debt again.

 

The debt was for my sister in law and her ex husband but because he never acknowledged the debt and she did she then became liable for the whole amount.

 

Is there any course of action she can take? Or what would you recommend as her appropriate course of action.

[Jasper1965]

as far as i understand because she acknowledged and started paying the debt it then becomes an active debt again.

 

 

This is incorrect, once statute barred acknowledgment by payments or otherwise does NOT reset the clock and un-bar the debt.

 

Suggest she writes to them stating that since no acknowledgment or payments were made between xx/xx/1992 and xx/xx/2005 the debt became statute barred and any subsequent payments made by herself were purely voluntary and should be regarded as gifts.

Also formally state that since the debt is SB'ed she has no intention of making further payment against the account and refer them to the OFT guidance in the matter.