Equidebt / Cabot

[sillygirl1]

I think their reply warrants a complaint to the OFT, they can't choose between the LOP 1925 act AND the CCA act as they please.

 

If they haven't got the original documents and no repayment by you was made from 2005 then the alleged debt is statute barred and all their added interest isn't worth the paper it is written on.

[xboxer]

I think their reply warrants a complaint to the OFT, they can't choose between the LOP 1925 act AND the CCA act as they please.

 

If they haven't got the original documents and no repayment by you was made from 2005 then the alleged debt is statute barred and all their added interest isn't worth the paper it is written on.

 

Unfortunately sillygirl I made payments in 2010 before discovering CAG, so not SB.

 

But I am disputing the interest as they have failed to supply a copy of the original NOA and proof of delivery.

[sillygirl1]

You could still use that in a defence, that an unreasonable length of time elapsed before the company informed you of the debt (an old HFO trick that one, sitting on a debt before it becomes SB and 'restarting the clock'. In fact the SB clock starts ticking at the last action which caused the default, so if your last payment was before 2005 it still is SB and the clock can't tick again for the next 6 years.

 

It can be argued that you made those payments under duress and without fully knowing your rights... something that has been argued against Cabot several times.

 

A complaint is still in order through about them.

[xboxer]

It can be argued that you made those payments under duress and without fully knowing your rights... something that has been argued against Cabot several times.

QUOTE]

 

Well I did bring that up in post #35 as equidebt sent a letter around xmas 2009 effectively giving me a day, what with postal dates and bank holidays, to pay with the threat of calling at my work. Additionally there was nothing stating who the OC was.

 

So I feel its was definitely payment under duress.