Trouble with Cabot & Statute Barred Debt

[katy2558]

Hello

 

My husband has been receiving letters from Cabot Financial for the last 3 years regarding a old debt which he believes has been paid off in full (however he was young when he got into debt and didnt keep any of the old letters or statements to say that the debt had been fully paid).

 

My husband believes the debt was paid off in 2000 so this would make the debt statute barred as far as we understand... we sent a letter to Cabot to state that the debt was statute barred however they have responded to say that this is not true as a £35 payment was made on the account in 2007!!

This is not true and if it is, we didnt pay it!!

 

Please can somebody help me with what i should do next??

I guess the next step should be to respond and ask Cabot to provide the payment details?? Does anyone have a template for the next letter which i should use?

 

Many thanks

Katy

[silverfox1961]

Thread moved to Debt Collection Industry.

 

Hi and welcome to CAG.

 

I would be putting them to strict proof that a payment was made in 07. (When, Where and by what means)

 

There is also the issue that IF this account was paid off in 2000 and for some reason a debt was created, it would still be SB by 2007

 

Sending a SAR to the original creditor may be futile as they only have to keep documents for 6 years after the account is closed (please don't say it's Citi)

 

I would be worth getting copies of your credit file to see if anything is on there.

If nothing shows, think about a SAR to the credit reference ageny. This 'might' get back the details of when a default was issued (if at all)

[cerberusalert]

As already said they have to prove a debt exists & that they have the right to collect, send them this; http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[katy2558]

Thank you for your replies so far!

Please can you confirm what a SAR is??

 

Does anyone have a template of the letter i should sent to them asking them to prove when the payment was made etc?

I can compose one myself however if there is a template, i would rather use that as it will sound more formal!

 

Many thanks

Katy

[cerberusalert]

An SAR is a Subject Access Request.

Does anyone have a template of the letter i should sent to them asking them to prove when the payment was made etc?

The letter inpost #3.

[silverfox1961]

I would include in the letter Cerb has linked to that you want proof of any payment made

[UnitedFront]

As previously stated, definitely seems to be statute barred. And, also as stated, even if their was a payment made in 2007; if there was a 6 year gap in payments prior to that and with no written acknowledgements, then the debt would have been statute barred at the time the payment was made and, thus, the payment served nothing to their cause.

 

Once a debt is barred by the Limitation Act, no payment or part-payment or acknowledgement thereafter is capable of ending the statute barred status of a debt.

 

Cheers

UF

[DonkeyB]

I do hope that Cabot are not trying to get round an SB issue by creating a phantom payment. That would be extremely naughty but, no doubt, would simply be an unfortunate admin error.

 

Demand proof of payment, as said, and prepare your complaint to the OFT...

[silverfox1961]

I do hope that Cabot are not trying to get round an SB issue by creating a phantom payment. That would be extremely naughty but, no doubt, would simply be an unfortunate admin error.

 

Demand proof of payment, as said, and prepare your complaint to the OFT...

 

 

This is Lowells usual trick and I can't say I have seen cabot do this before but as we know Cabot are getting more and more desperate every day

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.