Cabot chasing old Barclays student account from around 2002!!

[lakesidelady]

I have just received a letter from cabot saying I need to contact them about and account, there is no reference other than an account number.

 

The letter was using my maiden name ( I have been married since 2005) the only debt I can think it is in relation to is an old Barclays student account from around 2002,

 

I defaulted on the account and it was handed to Wescott who I paid up until around 2004

 

however I moved various times and ceased dealing with Wescott.

 

What is my best course of action with Cabot should I send a letter asking them to prove the debt is mine?

 

I am in no way condoning running up debts and not paying them, this is a debt that goes back to when I was a lot younger so please don't judge me.

 

Any advice welcome

[debbbbsy]

I am in no way condoning running up debts and not paying them, this is a debt that goes back to when I was a lot younger so please don't judge me.

 

Nobody on CAG gets judged.

 

Don't phone them.

 

This is known as a fishing exercise, trying to get a response and get you to confirm they have the right person.

 

If the letter does not actually refer to who the original creditor is, chances are even they don't know. Cabot are becoming increasingly involved in buying up accounts that are Statute barred. They probably get these accounts for nothing.

 

Its your choice, file the letter somewhere suitable....like the bin.

 

Or send them the get lost letter.

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Debbie xx

[havinastella]

Anything that old would be statue barred!

 

Check your credit rating to see if they have messed with it at all. If they have, sue them!

 

Apart from that, ignore them!

[firstship]

Hi Welcome....Nobody will judge you at all.DO NOTHING

 

As you have not contacted or offered payment to anybody since 2004/05 as long as you are sure, the debt would be Statute Barred

 

Cabot cannot get away with asking you to contact them,never speak to them on the phone,if per chance they try,just refuse their security question and put the phone down.

 

My guess is Cabot who are prolific buyers of Statute Barred Debts are trying their luck,just do nothing

 

Regards FS

[lakesidelady]

Thanks Debbie, I have been so worried since this arrived on my doormat on Friday. If I don't respond to the letter will they send someone round to my house, just scared I will have some debt collector knocking on my door? In the letter it also said 'we have now confirmed that you are livbing at the above address?!'.

[WelshMam2009]

Please don't worry Lakeside Lady...your response is natural if you have no prior knowledge of debt collectors. These people operate on the fear of uninformed individuals!

 

It is highly improbable that you will get a visit to your home. As has been said earlier, the debt is statue barred after 6 years if no payments have been made and the debt has not been acknowledged.

 

I would send the letter that Debbie has given you above although you may also like to add the following paragraphs, for added peace of mind...

 

Please note all future communication must be in writing as I do not wish to be contacted by telephone. Any failure on your part may constitute a criminal offence under Section 127 of the Communications Act 2003.

Also, I revoke license under English common law for you or any of your representatives to visit me at my property.

[dx100uk]

check your cra file see below

 

and dont forget

 

no doordtepper or dca has ANY legal powers

 

so totally ignore them.

 

dx

[lakesidelady]

Right just been on equifax to look at my credit report, there is nothing on there relating to any debt that I'm not currently paying (ie credit cards and bank loan) and alll are up to date. However when I looked at the previous searches there is a search from 13/2/12 by Cabot and the reason for search is stated as outstanding debt. Can they try and apply for a ccj or anything like that even though there is no outstanding debt on my credit report. Sorry I'm a bit of panicker!!

[firstship]

Do not Panic ..............the debt that Cabot are looking for is not there which means it has dropped of your credit file because it is over 6 years old and is Statute Barred, Cabot or anybody else cannot re=instate a SB

 

Do not contact them

 

FS

[lakesidelady]

I just got the free credit report on equifax am I looking at the right thing? All my credit cards, bank accounts and a bank loan were showing up however my mortgage wasn't on the list which seems odd.

[dx100uk]

typically they are not funnily enough.

 

tell you which i finf the best

 

is checkmyfile

its gives all three CRA's in one.

 

or

noodle

 

but thats just call credit in sheeps clothing

 

dx

[debbbbsy]

Thanks Debbie, I have been so worried since this arrived on my doormat on Friday. If I don't respond to the letter will they send someone round to my house, just scared I will have some debt collector knocking on my door? In the letter it also said 'we have now confirmed that you are livbing at the above address?!'.

 

Please please understand, this is nothing more than a scare tactic. You and many others fall for this unlawful behaviour. Only the postman and people you have given permission to are allowed on your property. Any DCA who knocks on your door, under no circumstances let them in, they have absolutely no power to enter your home....he may give you some bull****....but i assure you he cannot. In fact, if he refuses to leave, call the police and have him charged with trespass.

 

Can they try and apply for a ccj or anything

 

What you need to understand is, issuing a claim will cost them money. They could try, but they won't succeed.

 

You are clearly concerned, so I think sitting back and doing nothing, and ignoring these morons is probably not a good option for you, as it will cause uneccessary worry. So send the letter, make them fully aware that you are up for a fight, include this

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Debbie

[lakesidelady]

Thank you for all the helpful replies I am feeling less stressed about the situation and very glad to have found this forum. I will keep you updated on any further correspondence.

[lakesidelady]

Update:

 

I ignored the letter a few weeks ago but on Friday I received a letter from Cabot again this time naming Barclays Bank as the company the bought the debt from. The amount is £4602.33:!:, this is the debt I suspected it to be however I have had no correspondence with Barclays since 2003/2004 and have made no payments since then, also the debt is not on my credit file. What should I do? Shall I send the letter asking them to prove its mine or should I go straight ahead and send a statute barred letter?

 

Many Thanks in advance for any help

[Halibutt]

If you have had absolutely no contact, made no payments and you are absolutely sure of your dates, then you should be safe to send the statute barred letter. Bear in mind though, that they may claim you have made an interim payment of some kind, but the onus is on them to prove it.

 

If you're in any doubt about the above, there's no harm in sending the "prove it" letter. Make sure you head it with "I do not acknowledge any debt to your company or to any other company you claim to represent."

 

With either letter, I'd send by recorded delivery (£1.35) just to ensure a proveable paper trail.

 

Good luck!

 

H. x

[lakesidelady]

one last question, I have been living in Northern Ireland since 2005 are the rules different here? I am sending the Prove it letter today.

[snowdragon]

oops

[snowdragon]

having problems posting a email from Cabot that we got today for a missing payment on 22/11/11, its for the Funding Corp,will try and post it later,have no idea how they got hold of other half's email address

[firstship]

Living in Northern Ireland makes no difference,Statute Barred Letter fine.

 

FS

[lakesidelady]

Ok so I posted a few weeks ago that I had received a letter from Cabot saying they had bought a debt from Barclays plc and I should contact them immediately. I am postive this is a statute barred debt from around 2004. I sent the prove it letter to them recorded delivery and last night I had a letter waiting from me it said I should contact one of their helpful customer advisors about my account. However there was absolutely no reference regarding my request for them to prove that the debt is mine etc.

 

How should I proceed ? Do I need to request again that they prove this is my debt or do I simply ignore this communication? I'm concerned that if I just ignore them I will end up with a court summons or someting similar!

 

Many thanks

 

Lakesidelady

[DonkeyB]

I would ignore for now. You sent it recorded and so far they have not addressed the issues.

 

Please stick to one thread – yours is here. Have asked a mod to merge.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?340966-Cabot-Financial

[firstship]

OK do not phone their helpful customer service department,you need a reply in writing,so ignore them

 

FS

[lakesidelady]

UPDATE:

 

Another letter has arrived from Cabot saying I need to contact them to discuss the account or the next stage of collections will begin!

 

They have made no reference to the 'prove it letter' I sent them, should I send it again or ignore them?

 

Just nervous about what the next stage of collection is.

 

Any advice welcome... Thank You

[dx100uk]

another stupid threat-o-gram!!

 

ignore them

 

they can do nothing to you

NO legal powers!!

 

dx

[lakesidelady]

UPDATE

 

Received this today:

 

Dear ....

Further to previous communication regarding this account.

We can confirm that this account defaulted in 2005.

Cabot financial purchased this on 10th January 2009 with a balance of £4900

Barclays Bank advise that you made payments of £140 after it defaulted with the last payment being received on 3rd April 2007.

In light of this if you now recall this account please call to discuss repayment.

Should you dispute ownership please provide a copy of your passport so we can make further investigations.

Meanwhile we will continue to contact you to discuss this account

 

 

I know that I made some payments to Wescott on relation to this account and I'm now doubting myself over the time frame ( my husband passed away at the end of 2007 so time has muddled for me around this period.)

 

I moved to Northern Ireland in 2006 and am almost positive I never made any payment to Wescott after the move.

 

Can I request documentation from Cabot to show these alleged payments.

 

Any advice gratefully received.

 

thank You