Cabot - not sure what to do next?

[kitchenboy]

Hi, it has been quite a while since I last posted something, and a big thank you to everyone who has helped me previously. I have Cabot on my back now and I am not too sure what to do?

 

Long story short, I lost my business a few years ago (2007), due to a bit of a breakdown and was signed off any further work for 2yrs, I had already defaulted on my Egg card by then (I think around 2005/6), made a handful of payments at the time through a DMP, but that didn't last long. Debt was then assigned to Cabot, I requested my CCA in 2009 which took over a year to arrive, when it did, 2 agreements were in the envelope, my original Egg one and another which looks like it had been drawn up by Citibank? (no signature, and as Egg card was taken out in 2000, it was long before Citibank bought them out). Two agreements for same card not sure if it would be any use against further action, warrant an official complaint or is just a bit of a red herring?

 

Anyway, since Cabot got involved (around 2008/9) I have been burying my head, and have been ignoring them, not the best solution, I just felt that I was not strong enough to deal with them and feared that I may put myself back in that very dark place I was a few years ago, but their phone calls are now pretty constant and their letters are threatening litigation. The account is maybe, or perhaps close to being, Statute Barred, as I haven't made any payments in a few years (none to Cabot), should my first step be to send the SB letter? or would the CCA request have counted as an acknowledgement?

 

Otherwise should I just start offering token payments, as I can't afford anything higher? The Egg CCA looks pretty legit so I am not sure if there would be any legs in that argument. I think I may.... have just answered my own question , however I would be most grateful for any opinions and advice.

 

[citizenB]

It looks like you need to establish if the account is statute barred or not. You have not acknowledged or admitted any debt by requesting a copy of the agreement. Nor would you be doing so if you were send a Subject Access Request which might establish the last time a payment was made. You must ensure that the fee you need to send with the SAR is not applied to the account as a payment. So you should state quite clearly that the fee you are enclosing is the legally required fee and is not to be used for any other purpose.

 

Alternatively you could just send the statute barred letter and see what they come back with!! They will most certainly provide evidence of any payments made within the period and you can then confirm or deny if they were actually made by you.

 

HTH

[kitchenboy]

Thank you citizen, I will see what they come back with.

[kitchenboy]

Hi, just heard back from Cabot who have confirmed a payment showing on the account in 2008. DMP must have still been in place. So I guess the best option is to start making token payments, as I can't afford anything else. The account had definitely been defaulted before Cabot got involved as I remember receiving default notices. Cabot have also been adding interest to the account, since they bought it. So would a plan of action be to start with token payments to help get them off my back and then send an SAR request to egg? Am I able to challenge Cabot regarding the added interest?

 

Many thanks.

[citizenB]

Kitchenboy, do you have a copy of the agreement and the original terms and conditions. If it doesnt state on those that interest can be charged then no.. they cant.

 

Do you happen to know if the original creditor had stopped adding interest when you were in the DMP ?

 

IMHO, I would send a Subject Access Request to the original creditor before entering into any agreement with Cabot..

 

Others might offer other advice

[kitchenboy]

Hi citizen, thank you for your post, many apologies for my delay in replying, been struggling these past few weeks. Cabot accepted my offer of a "token" payment (unfortunately I had already made it before I saw your post).

 

My concern was that as the original egg cca looks ok (has original sig, correct terms etc) I didn't think there was much room for argument. There was a glimmer of hope a little while ago when the whole APR issue on Egg agreements was raised however if I remember correctly this argument was defeated in court. I feel that being the sole director of my small company, a CCJ might be quite an obstacle to overcome, so I am not confident enough to risk arguing in court if I can help it. A payment plan may just be the best way to help keep Cabot at bay. Maybe I have made the wrong decision

 

As far as I am aware interest did stop when I was in the DMP. Will need to find original doc's though. Will do the SAR to see what charges were applied and if any PPI etc. I suppose the next step will then be to try and get any wrongful interest and charges credited back.

 

Many thanks again for your help.

[havinastella]

I would be inclined to find out about this phantom payment first! Just because they say a payment was made, what proof have they showed you!

 

Jogs

[Stigman]

You need to send a Subject Access Request as advised above, anyone can throw a date and payment figure out of thin air.

 

If you gave Cabot any person banking details (debit/credit card numbers), then cancel these cards immediately and request new ones, DCA's have been known to raid accounts, also, if you set up a Direct Debit, this needs to be cancelled and you gain control by setting up a standing order by requesting their banking details.

 

But, personally, I would not pay a penny until you have established this payment, also, look at your Credit Reference File and see what that throws up.

 

Stigman