Equidebt / Cabot

[xboxer]

Ok so picture the scene. It's 23 December 2009, 2 days to Christmas and on holiday until after New Year, couldn't get much better!

 

Then I get the following letter in the post.

 

Dear Mr My Name

 

Creditor: Cabot Financial (Europe) Ltd

Client Reference: XXXXXXX

Our Reference: XXXXXXXXX

Outstanding Balance: £8XX.XX

 

Equidebt are a debt collection company who have been instructed by Cabot Financial (Europe) Ltd to collect the outstanding balance of your account. One of our debt collectors will be contacting you at either your home or place of work to arrange payment in full.

 

We require payment in full no later than 28 December 2009

 

Details on how to contact us and all payment options are set out on the back of this letter.

 

Payment in full of this debt will improve your credit rating which may make it easier for you to obtain credit in the near future. Call us on XXXXX XXXXXX to avoid further escalation.

 

By agreeing a repayment plan with us to clear this debt today, further action will be prevented.

 

Yours sincerely

 

 

So probably like most people it's a case of shock then panic (exactly what they are after) of someone turning up at your door especially at Christmas.

So naturally I contacted them and arranged a monthly payment plan.

 

Now that I have discovered this site and realised in my naivety that I had just accepted this without any questions!

 

So what I'm wanting to do is rectify this as I think the debt might actually be statue barred as I think it is an old credit card debt. Probably stopped paying this sometime around 2003.

 

Now do I sent a CCA request and/or breakdown of costs?

 

Thanks in advance and sorry for the epic!

[DonkeyB]

First job is an SAR to the original creditor, to find out when you last made a payment (check with your bank statements too). Maybe even call them to try and find out.

 

CCA goes to the muppets at Cabot.

 

If the account was actually SB when you called and made the payment arrangement, then it is still SB even though you made payments. It cannot be un-SBed. But you can kiss the money you have paid goodbye.

 

Can you tell us more about the original debt and any previous correspondence?

[victoria_siempre]

Hi xboxer

 

Were your circumstances to have changed, you might write accordingly and change your payment to £1 per month.

 

A CCA request to Cabot would not be amiss.

 

A SAR to the OC might identify unlawful charges and interest thereon that should be reclaimed.

 

Someone else will advise on the SB element.

 

Best wishes

 

vic

[victoria_siempre]

Sorry Donkey

 

sometimes the site works too quick.

 

vic x

[xboxer]

Part of the problem is I don't know who the original creditor is (could be one of two I had) and as for bank statements I'm no longer with that bank and haven't been for 5 years! But that's a whole other story!

 

Have realised I have lost any money paid so far, lesson learnt! But trying to make sure I don't have to pay any more.

 

Previous correspondance was a letter asking me to contact them I think! Problem was I moved house 5 years ago so think they were trying my old address.

[harrassed senior]

Have you had a recent look at your Credit Files, you'll need to check all 3, this may reveal some information for you. As has been said, if a period of 6 (5 in Scotland) has passed between date of last and present payments then the account was already SB and no matter what happened cannot be un SB.

 

My own opinion would be to stop all payments, they will soon contact you then you could send the 'prove it' letter. Don't speak on the phone don't answer their security questions and state in writing only.

[victoria_siempre]

Hi xboxer

 

Were your circumstances to have changed, you might write accordingly and change your payment to £1 per month.

 

A CCA request to Cabot would not be amiss.

 

This would disclose who the OC was

 

Best wishes

 

vic

[xboxer]

I have only checked my experian report so far and that debt is not showing! Will be checking the others soon.

[DonkeyB]

CCA request will probably identify the OC, and should be quick – 12+2 days. As if they’d meet the deadline... but they might respond and give you a clue.

 

Bet you’re kicking yourself – I’d help, but hooves hurt.

[xboxer]

DonkeyB I sure am lol

 

Kind of thought I might still owe some money (long Story) but was worried of what i might find and was pleasently suprised I what I have so far found. Now its just a case of making sure I'm not paying for anything I don't need too!

 

So I should stop paying Equidebt and CCA Cabot?

[DonkeyB]

Personally I’d get the CCA request in, and if they don’t reply in 12+2 days, you can put the account in dispute (and there’s an argument you can stop paying, but I don’t buy that).

 

The key is finding out the last payment date.

[xboxer]

Ok I'll be getting the CCA request off at the weekend ( just use the standard one from here?) and see what that brings!

 

£1 postal order and DON'T sign print! That much I have learnt lol

[xboxer]

Ok so I have just checked my callcredit report and it shows the same info as expirian.

But it shows cabot as confirming and linking my old and current address!

Have to wait till Monday to check my EquIfax one, got a funny feeling its gonna be the same...

[xboxer]

Well I've now just checked my Equifax report and lo and behold nothing extra on there! Although Cabot have updated my callcredit report with linked/confirmed address in March of this year. Looks like I'm of down to the post office lol

[xboxer]

Morning everyone, update time.

I emailed Equidebt at the beginning of December 2010 stating apart from telling me I owed their clients money and a reference number I had no other info from them. So I requested a breakdown of all payments made to them and any charges or fees they have added.

After four emails from them telling me they have forwarded my request to their client, Equidebt finally realised what I was asking and I got a breakdown and an email stating they have added nothing to the original amount.

Whilst this was happening I received a letter offering me a full and final, then a letter saying Equidebt have handed the account back to Cabot.

Yesterday I received a letter from Cabot telling me they have the account and to pay the balance.

So I now know the debt is an old Barclaycard, now I'm about 99% positive I have not paid anything towards this since at least 2005. About 70% positive nothing was paid in 2004.

Nothing shows up on any credit report (I have checked all 3) EXCEPT on Equifax where Cabot has put an address confirmation.

So the way I see it is:

1 If nothing was paid in 2004, it is definitely SB.

2 If nothing was paid from 2005 it would have been a 5 year break in payments BUT can I claim 6 years as I have only just been told what the debt is for?

3 If it is NOT SB then I would have to have something showing on my credit reports?

Am I better of sending the prove it letter, going down the CCA request route, ignoring or go straight for the SAR?

Also the credit limit for the card at the time was £500 and the alleged debt was originally at about £850 and I had paid about £600 before discovering this site.

And yes I had PPI on it.

Thanks in advance.

[sillygirl1]

Yes, you can claim it is statute barred as statute barring takes place after the last payment on the account, they are chancing their luck here.

 

As it had PPI too you could put in a claim for that (for what it is worth) but may take some time and they may of course simply deduct the PPI from the outstanding balance so you wouldn't get any cash in hand.

[xboxer]

Thanks SG, was thinking to just go for the SB route first and let them prove it's not.

 

Am I right in thinking though that if it was still live and i made payments last year that something should be showing on my credit record?

[jimbo45]

Ok so picture the scene. It's 23 December 2009, 2 days to Christmas and on holiday until after New Year, couldn't get much better!

 

Then I get the following letter in the post.

 

Dear Mr My Name

 

Creditor: Cabot Financial (Europe) Ltd

Client Reference: XXXXXXX

Our Reference: XXXXXXXXX

Outstanding Balance: £8XX.XX

 

Equidebt are a debt collection company who have been instructed by Cabot Financial (Europe) Ltd to collect the outstanding balance of your account. One of our debt collectors will be contacting you at either your home or place of work to arrange payment in full.

 

We require payment in full no later than 28 December 2009

 

Details on how to contact us and all payment options are set out on the back of this letter.

 

Payment in full of this debt will improve your credit rating which may make it easier for you to obtain credit in the near future. Call us on XXXXX XXXXXX to avoid further escalation.

 

By agreeing a repayment plan with us to clear this debt today, further action will be prevented.

 

Yours sincerely

 

 

So probably like most people it's a case of shock then panic (exactly what they are after) of someone turning up at your door especially at Christmas.

So naturally I contacted them and arranged a monthly payment plan.

 

Now that I have discovered this site and realised in my naivety that I had just accepted this without any questions!

 

So what I'm wanting to do is rectify this as I think the debt might actually be statue barred as I think it is an old credit card debt. Probably stopped paying this sometime around 2003.

 

Now do I sent a CCA request and/or breakdown of costs?

 

Thanks in advance and sorry for the epic!

 

Hi there

You made a Monumental error here if you thought the debt was near to being Statute barred.

 

By agreeing to some repayment plan you've tacitly admitted knowledge of the debt which unfortunately could start the clock rolling again.

 

It seems a load of these DCA's were sending out these "Xmas Cards" obviously to try and improve their bonuses. In most cases JUST IGNORE.

 

Nobody can come round to your house anyway --and NEVER EVER ring a DCA -- deal by Post only and by recorded delivery --or at least by notification of Posting at the Post Office.

 

I hope that the debt HAD passed the 6 year limitation -- or Cabot or whoever aren't smart enough to regard your original payment proposal as an acknowledgement of the debt.

 

You must always make these dca's work for their money --never ever pay until you know the debt is yours by CCA / other documentation -- AND THAT THE DCA has authority to collect it.

 

It's no good DCA syaing I'm empowered to collect XXXX on behalf of YYYY. - Anybody can do this.

 

Cheers

jimbo

[xboxer]

Hi jimbo45,

I completely agree. Unfortunately this was my first experience at dealing with a DCA first hand. Like most people who find themselves in this position, they believe that the DCA has a legal right to what they are saying. Knowing nothing of statue barred, CCA requests, SAR's or a DCA's lack of powers, you end up paying them under duress.

This as we all know is exactly what the DCA want.

That was my pre-CAG days, this is now.

Hence the reason as soon as I found this site and realised the error of what I had done, I challenged/asked them for some information about the debt I allegedly owed it was handed back to Cabots.

Until yesterday I was not aware who the OC was.

Yes I hope it was SB and I haven't started the clock again but if not I have learnt an expensive lesson. A lesson I will make sure anybody I know doesn't make.

Hopefully because Cabot haven’t added a default to my credit record or even recorded themselves as having an account with me I will take it as being SB.

This is the response they will be getting from me and I'll take it from there.

Again I would like to say what a great service this site and its members do for the ill-informed like myself!

[xboxer]

Hi does anyone know the email address for Cabot?

 

Want to make sure they get my SB letter as many ways as possible!

 

Thanks in advance

[xboxer]

Found it cabotcustomer @ cabotfinancial.com

[xboxer]

Afternoon everyone, update time again!

 

Emailed Cabot a Statue Barred letter yesterday and have now got them phoning my mobile. But thanks to android technology, one app later, calls and text messages are blocked! lol

 

Will have to send them an email stating to phone calls next

[DonkeyB]

Did you actually establish there was a six year gap?

[xboxer]

Hi DonkeyB,

Still not 100% sure but I have found some old paperwork that indicates some payments that give me a good idea that it is.

Don't want to post exact details just yet, will wait and see what they come back with.

[xboxer]

Update time

 

Still waiting to hear back after sending SB letter but have got a response from the telephone harrassment email I sent. The customer assurance team are currently dealing with my complaint but in order to reply by email for security reasons (DPA) they need me the confirm my DOB. Should I?

 

Just wanting to get some advice before I reply, don't want to write the wrong thing!