@barclaycard barclaycard....now cabot

[katyjane80]

Hi all

 

Just stumbled on this website when i googled Cabot....

 

I got into a bit of bother with my barclaycard following my divorce in 2005,

Barclaycard froze the interest I owed about 3k on it...

 

..I started paying £20 a month, then in about 2008 they called me and talked me into paying 50 a month

which i have been doing,

 

I am now working full time, and single mum, with resnt, council tat and the cost of living gone up so much

i am struggling a bit to make the payments (although i still have been)

 

last month I got a letter saying my debt had been sold to Cabot and now i am getting lots

and lota of phone calls demanding to sign up to a plan there and then,

 

i asked for a bit of time to work out my disposable income

and she was trying to pressure me into allowing her to set up a direct debit there

and then (my account is up to date, this months payment was made)

she kept saying my account will go into default....

 

..i said i wasn't agreeing to anything until i had read the letter

and had worked out my finances as to be honest £50 is a struggle and

I might need to drop the amount,

 

she said if i did this the account would immediately fall into default and my credit rating would be affected.

..this is my only debt...

 

.shall i skint myself and make the payment or offer them £20..

.and spend the extra on the kids...

 

...it annoys me so much to think they probably bought the debt for 200.

..the current amount i owe is £2000

 

Thanks in advancce

Katy

[Sidewinder]

Hi Katy

 

First of all, NEVER speak to Cabot or any other DCA on the phone. They will try to pressurise or bully you into paying more - that's what they do and with Christmas approaching fast they will be going all out to get the figures up and get the bonus for meeting targets. At the end of the day you can only pay what you can afford, and if £50 is too much it is down to YOU, not THEM to decide what is reasonable, and if a thorough assessment of your finances meant that this was only £1 a month then this is what they would have to accept!

 

You don't have to pay by Direct Debit, you don't have to speak to them, and you certainly shouldn't believe any of the lies and half truths that may be used to try and get you to do otherwise. Insist on everything in writing (I bet they wouldn't be stupid enough to put half the stuff in a letter that they would try on the phone!) and TELL them what you will be paying after they caused you to make a thorough reassessment of your finances.

 

Were there any penalty charges or PPI charges on the account when it was with Barclaycard? It may be worth going back over any old statements and seeing what you can claim back (with interest).

[slick132]

Hi Katy and welcome to CAG

 

SW is right with the comments above.

 

Check to see what default charges have been added to the a/c as these can be reclaimed with compound interest, to reduce the debt.

 

Same for PPI.

 

See the letter here which includes a Budget Planner - http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

When Cabot calls next, tell them you're recording all incoming calls now and they should put anything they want to say in writing. Then hang up. They soon get the picture.

 

If they persist with the calls, keep a log of the time and date of each call as this can be used if you want to complain about harassment.

 

[katyjane80]

Thanks for the replies, the lady on the phone was awful,

she asked me what time i leave for work in the morning and what time i get back..

..she asked me for a mobile number which i said i didn't have..

 

..she said "if you have been paying that amount, you will have to honour it"..

 

..i said the £50 was made a few years ago and barclaycard said this could be reviewed at any time..

 

..Cabot lady said "only to may more...not less"

 

What I am worried about to be honest is that they might start adding interest to the amount..

 

..i don't want a 2000 debt to end up 10,000..

 

....can Cabot do this????

Thanks

[Sidewinder]

Have you ever asked for a copy of the original agreement? A DCA can only add interest in line with the terms of the original agreement, so no agreement - no interest.

[slick132]

Hi Katy,

 

You must not be intimidated by this woman or anyone else at Cabot. If they call again, follow the advice in my post above.

 

Start taking control of this situation and let us know about default charges and PPI.

 

These can be reclaimed to reduce the debt.

 

[katyjane80]

Hello all

 

I am new to this and I am mega confused,

to be honest I would just like to know whether there is any chance baliffs could come knocking on my door over a debt.

 

I defaulted on a credit card back in 2005 whilst going through a divorce,

i set up an agreement with barclaycard where they agreed to freeze interest and I agreed to pay £50 a month,

this went along happiy for 5 years,

then Barclaycard sold the debt to Cabot and initially I continued paying them the £50 a month.

 

Then I reduced my working hours and could not afford the £50 a month

and they agreed i could reduce the payment to £25 a month.

 

In the meantime I had missed a month and they were ringing me continously,,,,

the fact that the debt was in my married name (i no longer use) was enough to wind me up,

but it was more the tactics,

like when my son would pick up the phone they would say "hi katy" and my son would say

"no its ****" and they would say "oh ok could you get her please"

I started to hang up and I stopped paying altogether.

 

The calls continued but i just stopped answering my landline.

 

I receive the regular letters but they are just standard call us to arrange repayment.

..I have kept NONE of these letters I dont even open them I bin them.

 

Then this week I opened one in error and it was from FIRE saying they have been assigned to recover the debt,

can these people turn up on my doorstep?

I would hate my kids to answer the door the debt collectors?

 

Is there anything I can do to stop them calling or should I just agree to pay them a couple of pound a week?

 

I currently owe £1,700....the original debt to barclaycard was £5000 I have paid the majority of the debt!!!

 

Yesterday, I received another letter which says in big letters 'WE WILL CONSIDER ANY REASONABLE OFFER.

 

Should I ignore ????? I would be most grateful is somebody could offer me some direction

 

Many many thanks

Edited June 25, 2013 by katyjane80
add info

[padja]

a debt collector has as much rights to turn up on the doorstep as does a milkman.....in other words none. First thing is fire off the phone harassment letter (its in the library) that way everything is then done in letters, next fire off the letter (again in library on this forum) revoking their right of access (that stops any possibility of doorstep visit),send all letters recorded delivery, if after they have received these letters they continue then you can fire complaints off to FSA. That should give you a peace of mind about visits etc. Next was there any PPI on the card? if so then fire off a claim for charges and compo. The letter saying we will consider any reasonable offer would appear to me they have little interest in getting full amount rather they want to recover what they paid for the debt, I would in my opinion just keep the letters they send and have no contact they may well give up when it becomes apparent you arent going to pay and that after the two letters you are being advised what to do, (they dont like that as their bullying tactics wont work), when was the last payment made?

 

what probably happened is Cabot made their cash out of you then when they realised they couldn't get anymore cash just sold it on for another pig to shove its nose in the trough

[katyjane80]

Thanks for that....the last payment was probably about a year ago .

..i used to make internet payments on Cabot's website...

.....I just didn't know whether by sending letters to them it would perhaps confirm I am getting their letters

and prompt them into action i.e debt collectors..

 

.although I know burying my head in the sand probably isn't helping either.

 

..this is the only debt I have!!

 

seems its been around my neck forever!!

[Windywoo]

Cabot and Fire are the same company, just another desk!

[katyjane80]

I do not remember whether there was PPI on the card...it was soooo long ago.....

[seanamarts]

You certainly wont get bailiffs knocking at your door, it would have to go to court first before that would happen and only if you didnt pay an amount that was agreed in court. I think you are a long way off at that happening.

[BRIGADIER2JCS]

If the default was in 2005 court action is not a possibility, the Limitations Act 1980 states in simple terms that no action should be brought after 6 years from the date of the cause of action (the default date.)

[ashmk]

Just ignore them. I have had Cabot and FIRE (who are Cabot) chase me for a Barclaycard debt. They send the odd letter but have never followed through on any of their threats and they have been wasting paper & postage on me for 5 years.

 

As soon as they start offering discounts or accepting offers then they are of no threat whatsoever.

 

Just file the letters away somewhere safe and pay no attention to them.

[dx100uk]

me thinks they diddled you into paying this from day one

 

I've merged your old thread on this here.

 

did you ever send them a CCa request?

 

have you looked at your CRA file

to see if this debt shows

 

I bet it don't!!

 

its usually the ones that shout the loudest that have no legal right to the money anyhow

 

they diddled you into paying them

 

I bet you owe nowt!

 

and never did.

 

dx

[BRIGADIER2JCS]

Have to agree with dx here, CRA file check asap CCA request if not already done it is NOT wise to ignore this.

[shutmeup]

If the default was in 2005 court action is not a possibility, the Limitations Act 1980 states in simple terms that no action should be brought after 6 years from the date of the cause of action (the default date.)

 

I never knew that.

 

All of my defaults were from 2005/06 and I continued paying until 2009 when I started asking for CCA's. So does that mean if they managed to find a valid CCA now its too late to do anything as the debts have dropped off my credit file?

[BRIGADIER2JCS]

I never knew that.

 

All of my defaults were from 2005/06 and I continued paying until 2009 when I started asking for CCA's. So does that mean if they managed to find a valid CCA now its too late to do anything as the debts have dropped off my credit file?

Any DCA would be foolish to attempt court action now and if no payments have been made since 2009 the debts become statute barred in 2015.

 

CCA available or not no court action.

[Private eye]

Hello all

 

I am new to this and I am mega confused,

to be honest I would just like to know whether there is any chance baliffs could come knocking on my door over a debt.

 

I defaulted on a credit card back in 2005 whilst going through a divorce,

i set up an agreement with barclaycard where they agreed to freeze interest and I agreed to pay £50 a month,

this went along happiy for 5 years,

then Barclaycard sold the debt to Cabot and initially I continued paying them the £50 a month.

 

Then I reduced my working hours and could not afford the £50 a month

and they agreed i could reduce the payment to £25 a month.

 

In the meantime I had missed a month and they were ringing me continously,,,,

the fact that the debt was in my married name (i no longer use) was enough to wind me up,

but it was more the tactics,

like when my son would pick up the phone they would say "hi katy" and my son would say

"no its ****" and they would say "oh ok could you get her please"

I started to hang up and I stopped paying altogether.

 

The calls continued but i just stopped answering my landline.

 

I receive the regular letters but they are just standard call us to arrange repayment.

..I have kept NONE of these letters I dont even open them I bin them.

 

Then this week I opened one in error and it was from FIRE saying they have been assigned to recover the debt,

can these people turn up on my doorstep?

I would hate my kids to answer the door the debt collectors?

 

Is there anything I can do to stop them calling or should I just agree to pay them a couple of pound a week?

 

I currently owe £1,700....the original debt to barclaycard was £5000 I have paid the majority of the debt!!!

 

Yesterday, I received another letter which says in big letters 'WE WILL CONSIDER ANY REASONABLE OFFER.

 

Should I ignore ????? I would be most grateful is somebody could offer me some direction

 

Many many thanks

Hi

Best to write to both Fire and Cabot , write down what you can afford ask how to pay online if possible and then make a regular payment even if its small. Doesn't matter if the debt is from 2005 its not statute barred. If you contact them saying in writing only they have to comply. The threat of a doorstep collector is not often acted upon its part of a build up to put pressure on. Don't ignore though it just makes it worse. Take control and tell them what you will do how you will do it and to stop calling you.

[Private eye]

Any DCA would be foolish to attempt court action now and if no payments have been made since 2009 the debts become statute barred in 2015.

 

CCA available or not no court action.

 

Not correct - statute barred is no contact between you and the creditor for over 6 years not just no payments. If you have just ignored calls and letters and you are at the same address you wouldn't win the argument. Debts stay on your file indefinitely until you pay them off -its the history of the debt that drops off but it remains for last 6 years whether you,ve paid it of not. When paid it shows paid but history of payment can only be removed after 6 years not before.

[BRIGADIER2JCS]

Not correct - statute barred is no contact between you and the creditor for over 6 years not just no payments. If you have just ignored calls and letters and you are at the same address you wouldn't win the argument. Debts stay on your file indefinitely until you pay them off -its the history of the debt that drops off but it remains for last 6 years whether you,ve paid it of not. When paid it shows paid but history of payment can only be removed after 6 years not before.

 

I don't know from whence your wealth of knowledge stems 'contact' in the terms of the OFT Guidance 2003/2012 excludes general debt collection letters from creditors and DCAs and written acknowledgment MUST be UNEQUIVOCAL ADMISSION that a LIBILITY SUBSISTS.

 

Defaulted accounts are removed from credit reference after 6 years paid or not. No further 'history' of any debt can be placed on credit files.

 

The statement that ''Debts stay on file indefinitely until you pay them off -it's the history that drops off but, it remains for the last six years whether you have paid it or not'' is nonsense.

 

I will explain this once more in relation to credit reference files:

 

A defaulted account entry is removed from files 6 years from the default date there is no further history to be recorded end of that story!!

 

A debt becomes statute barred after 6 years (5 in Scotland where the debt is extinguished) the conditions for the debt becoming SB in England & Wales is NO payment made by the debtor or any representative in 6 clear years and or no UNEQUIVOCAL WRITTEN ADMISSION OF LIABILTY:

 

General Debt Collection Letters from CREDITORS OR DCAs are NOT considered RELEVANT CONTACT.

 

As to your suggestion that the OP writes to Fire and Cabot well these are one and the same company.

 

My intuition tells me you may be a CABOT employee!!

Edited June 25, 2013 by BRIGADIER2JCS

[dx100uk]

and cabot & fire are THE SAME FLEECING DCA...

 

dx

[BRIGADIER2JCS]

Hi

Best to write to both Fire and Cabot , write down what you can afford ask how to pay online if possible and then make a regular payment even if its small. Doesn't matter if the debt is from 2005 its not statute barred. If you contact them saying in writing only they have to comply. The threat of a doorstep collector is not often acted upon its part of a build up to put pressure on. Don't ignore though it just makes it worse. Take control and tell them what you will do how you will do it and to stop calling you.

I suggest you take a long slow read of the OFT Guidance on Debt Collection 2003 updated November 2012. The Limitations Act 1980 and The ICOs Technical Guidance on Defaults.

[shutmeup]

Any DCA would be foolish to attempt court action now and if no payments have been made since 2009 the debts become statute barred in 2015.

 

CCA available or not no court action.

 

I've just been reminding them of the CCA requests when they bother me and was planning on playing letter tennis until 2015 but if thats the case I shall just ignore them from now on!

 

Learn something new everyday on here.

[BRIGADIER2JCS]

CCA requests are a lawful request for information and do not have any effect on the ''6 year'' clock.

 

The Statute of Limitations is very clear no action in 6 years then no court action can be taken on that debt.