Cabot - summary cause Scotland - Merged Argos Card & Littlewoods Card help! **Case Dismissed ***

[delilahsahb]

Hi Folks,

Hope somebody reads this.

 

I got a letter from Cabot this morning saying that i will be hearing from a solicitor within the next 7 days

regarding the littlewoods barclaycard account and demanding payment.

 

I phoned the solicitor they had on the letter,

ive told them this has already been to court and that the account is now statute barred.

 

 

Girl i spoke to said they would take a note of what i had said and get back to cabot.

 

Anyone any thoughts on this??

Its the 1st ive heard from them since the court action was dismissed.

Last payment was made in June 2008 to this account and its scottish law

 

Delilah

[seriously fed up]

Hi Delilasahb - this sounds a bit like the molehill sketch - Monty P?

- you know the one where the guy batters down one molehill with a big hammer and another one pops up behind him,

so he knocks that down and another one comes up beside him.

 

One thing that occurs to do, is get hold of a copy of your credit file (there are three of them - equifax, experian and call credit).

You can get the basic report for very little - couple of pounds - ordering via their website.

 

 

Thing to watch out for here ('cause I fell for it) is that they will try to register you with an ongoing service

where you can check your credit score etc when you want, and they will notify you when someone makes a search of your credit history

or something changes etc.

 

 

This costs about £10 a month and isnt really worth it imo.

BUT they do make it harder for you just to get your credit history.

 

 

The other annoying thing is that not all lenders use the same credit ref agencies

- I found the most comprehensive one for me (ie it might be different for you) was call credit.

 

Once you have a copy of this, check to see when the account was defaulted.

Assuming that date is more than five years ago,

and that your do hear from their sols again (and lets not forget they have said you will be hearing from a solicitor,

which doesnt mean they are taking you to court

- some solicitors chase up debts using means other than court),

 

 

then I would send them a copy of your credit report showing the default date,

and suggesting that should they move the case to court you will argue that its then up to them

- using your payment records

- to show that you have acknowledged the debt since then.

 

Other thing to remember is that statute barred in England is six years

and I wouldnt be too sure how many folk in Cabot will be aware of that.

 

 

Their solicitors might just send it back to Cabot and tell them to forget it.

[delilahsahb]

Thank you Seriously Fed Up.

I still have the stuff from the last court action lying about somewhere.

 

 

The solicitor said they had sent me out a letter this morning but will get back in contact with cabot regarding what i said.

I will have a look for the bumph from the last fandango, photocopy the relevant bits and send it along with a statute barred letter to their solicitor.

 

 

It was call credit who were reporting the same debt twice on my credit file, one for barclaycard and one for cabot.

Barclaycard sent me a cheque apologising after i noticed it.

Havent checked my file for a while so it will be worth doing. Thanks

 

Delilah

 

Hi SFU,

The default date was June 2007,

im pretty sure Cabot had the last payment made as May 2008 or July 2008,

i will need to check the accounts they sent on that though.

I know it is definately statute barred though under Scottish Law

coz i know for definate it wasnt after the July.

 

 

Im just taken aback a little by Cabots brass neck and inability to accept defeat.

Perhaps i should also send them a copy of the statute barred letter which i intend to print up

at the weekend once ive checked on all the dates and stuff.

 

 

I might even splash out and send them a tin off brasso so they can polish up their act.

 

Delilah

[gerson]

Hi Delila,

 

They need an acid dip not just brassso

 

From reading your thread it would appear that your defence, if they continue, is simple --- SB'd otherwise res judica

 

As you know SB in Scotland is 5 years and the debt is gone (Think cilitbang advert), i.e. IMHO it does not exist in any form, legal or otherwise. Additionally the 'owner' of the debt cannot use it as a deduction from tax (according to HMRC)

 

Well done in seeing them off

 

Don't forget to reclaim all and any PPI, charges, etc and I think they have no right to offset as the supposed debt does not exist anymore - need to verify this with other more 'enlightened' CAGgers

 

G

[citizenB]

If you were to make a claim for the refund of charges or PPI - they will simply offset against the SB debt (in England & Wales, the debt is not extinguished by being Statute barred, it just cannot be collected via the court).

 

I am not sure what the situation would be in Scotland though.

[delilahsahb]

Got my ppi back last year from Barclaycard. I wasnt hanging about haha. And i enjoyed spending it.

 

Delilah

[citizenB]

Got my ppi back last year from Barclaycard. I wasnt hanging about haha. And i enjoyed spending it.

 

Delilah

 

[gerson]

[delilahsahb]

Hi All,

I managed to have a quick look through the stuff that Cabots lawyer sent mine from their court attempt.

Im slightly worried because there was an account sheet showing the last payment i paid to them was the 24th dec 2008

(there is no way i would pay anyone on Xmas Eve),

 

 

however, i have checked my Experian credit file and it shows no payments having been made to Cabot at all,

i still have the copy of my double entry from Call credit and at the time of court action there are no payments on there either.

So i know i would argue about their payment dates (no payments i made to them were through my bank account)

but im still worried that they could re-open the court action.

 

 

Havent trawled through all the stuff yet as i still havent received the letter their lawyer

said they had sent. Going with Cabots reckoning its 19 weeks til its staute barred.

 

Delilah

[citizenB]

It is likely this is either a transfer of something by the Original Creditor or Cabot. IMHO, if you are absolutely certain you did NOT make that payment then don't worry about it. They will have to provide proof of the payment, how and where it was made etc.

 

Just keep all the paperwork somewhere safe for at least 6 - 12 months.. JIC !

[delilahsahb]

I know i didnt make payment,

i wouldnt pay anyone on Xmas Eve not even Santa lol

the mark beside the payments is CC which i imagine stands for credit card

and i havent had any of those since 2005/06.

 

 

I know this lawyer they have now is in England and not Scotland and i would imagine they would use a Scottish lawyer to re-open

or start court proceedings again,

thats if they are allowed to.

 

 

Im slightly worried but not enough to lose sleep over just yet.

 

Delilah

[Desperate Daniella]

Hi Delilah,

 

If you know you didn't make the payment and there is no record of it anywhere on your own accounts then they will have to prove it, as CB says above.

 

DD

[delilahsahb]

Received the letter from Cabots lawyers (Shoesmiths llp).

 

 

asking me to agree payment or they would accept a substantial payment as full and final.

 

 

This is the letter they had sent out before i phoned them and told them it was statute barred

and already been in court so

 

 

im waiting on them getting back to me again once theyve spoken to Cabot.

It actually looks like a begging letter, a last ditch attempt sort of thing.

 

Delilah

[delilahsahb]

letter from shoestrings this morning stating that Cabot state last payment was made 24th dec 2008 (no suprise there).

 

 

They want me to send proof that Cabot took me to court,

fill in an expediture form and send it back to them within 7 days with a payment proposal.

 

 

Any suggestions anyone.

 

 

Im tempted to either ignore them or tell them to get lost.

 

 

No payments are showing with any of the credit ref agencies.

 

Delilah

Edited August 28, 2013 by delilahsahb
missed info

[AndyOrch]

There is no requirement for you respond to either delilah........you have stated the facts they either accept or issue a claim if they are confident.

 

Regards

 

Andy

[delilahsahb]

Thanks Andy. I think i will just ignore them and play the waiting game. Thought it was a bit strange of them to ask me to send them all the court papers and evidence i have, would have thought Cabot would have that info.

 

Delilah

[AndyOrch]

They probably have but there will be no love lost between the two bad debt buyers and are highly unlikely to exchange or assist each other in handing your data out.

[delilahsahb]

Quick update folks.

 

 

Cabots solicitors have given me 14 days to fill out an income and expediture sheet and to supply them with info regarding previous court case.

 

I have written them a letter but not posted it yet stating that the account was put into dispute in July 2010

when i requested a copy of the original CCA containing all the prescribed terms

and that Cabot failed to supply me with an enforceable agreement

and as such has remained in dispute since.

 

 

With regard to payments being made,

i have no knowledge of any payments being made and having checked my credit files with the 3 leading credit reference agencies

( and taken copies), Equifax, Experian and Call Credit no payments being made are showing with any of them.

 

Therefore unless Cabot can supplying me with when, where and by what method payments were made then i consider this matter to be statute barred .

 

Finally as to me supplying you with information regarding the court action your client took against me,

id like to remind you that i am not obliged to supply you with any information whatsoever.

 

I have copies of the all the court info as does my lawyer, i therefore presume that Cabot and the Glasgow based lawyer they used also have copies.

As Cabot are paying you then i suggest you get this information from them as i certainly have no intention of doing their work for them.

 

Thats not word for word but thats what it says.

I intend to post middle of next week so any other suggestions or help would be appreciated folks.

Im petrified of them taking court action again,

i dont think i could cope with it.

 

Delilah

Edited September 13, 2013 by citizenB

[citizenB]

Erm, isn't this statute barred ?

 

I will flag for andyorch for you Delilah

[unclebulgaria67]

Tell them which court dealt with it and the date. At least then they can find out from the court about it and if they do so, it might just put a stop to them pursuing this any further.

[citizenB]

Quick update folks. Cabots solicitors have given me 14 days to fill out an income and expediture sheet and to supply them with info regarding previous court case.

 

I have written them a letter but not posted it yet basically stating that the account was put into dispute in July 2010 when i requested a copy of the original CCA containing all the prescribed terms and that Cabot failed to supply me with an enforceable agreement and as such has remained in dispute since. With regard to payments being made, i have no knowledge of any payments being made and having checked my credit files with the 3 leading credit reference agencies ( and taken copies), Equifax, Experian and Call Credit no payments being made are showing with any of them.

 

Therefore unless Cabot can supplying me with when, where and by what method payments were made then i consider this matter to be statute barred .

 

Finally as to me supplying you with information regarding the court action your client took against me, id like to remind you that i am not obliged to supply you with any information whatsoever.

 

I have copies of the all the court info as does my lawyer, i therefore presume that Cabot and the Glasgow based lawyer they used also have copies. As Cabot are paying you then i suggest you get this information from them as i certainly have no intention of doing their work for them.

 

Thats not word for word but basically thats what it says. I intend to post middle of next week so any other suggestions or help would be appreciated folks. Im petrified of them taking court action again, i dont think i could cope with it.

 

Delilah

 

Delilah, andyorch has suggested the following course of action.

 

 

Claim was dismissed ...ignore them unless they litigate again.

[delilahsahb]

Thanks Guys,

I will ignore and wont reply to them.

So far they are only demanding payment,

want me to give them info and fill out and I&E sheet but i am a worrier.

 

 

If they did go for court action again would they have to get permission of the court

bearing in mind the case was dismissed

but does have the "warrant for all execution hereon" after the Sheriffs decision?

 

 

The Solicitors they are using at the moment are in Northampton but i have checked and they do have an office in Edinburgh

so i imagine they would use this office to do the work.

 

 

I know im jumping the gun a bit here but i want to be the one firing the bullets if it comes to it.

 

 

On the bright side though, i must be costing Cabot money if they have now had to employ 2 solicitors

and they probably only paid pennies to buy the debt in 1st place.

 

Delilah

[citizenB]

Delilah, are you in Scotland ?

[Mike_hawk]

Thanks Guys,

I will ignore and wont reply to them. So far they are only demanding payment, want me to give them info and fill out and I&E sheet but i am a worrier. If they did go for court action again would they have to get permission of the court bearing in mind the case was dismissed but does have the "warrant for all execution hereon" after the Sheriffs decision? The Solicitors they are using at the moment are in Northampton but i have checked and they do have an office in Edinburgh so i imagine they would use this office to do the work. I know im jumping the gun a bit here but i want to be the one firing the bullets if it comes to it. On the bright side though, i must be costing Cabot money if they have now had to employ 2 solicitors and they probably only paid pennies to buy the debt in 1st place.

 

Delilah

 

Hi Delilah

 

'Warrant for all lawful......' standard extract decree format, see act of sedurent for info

 

http://www.legislation.gov.uk/uksi/1993/3240/schedule/1/made

[delilahsahb]

Hi CitizenB,

Yes im in Scotland. Just dont know what the legal jargon means. I know the last solicitors Cabot used wanted to be able to come back at a later date when the decision was made to dismiss the case. Ive had a look at the Act of Serundant but its still not registering in my brain.

 

Delilah