Cabot chasing old Barclays student account from around 2002!!

[Ros1609]

Send a SAR request to Barclays quoting the account number - should show you when your last payment was

[creditcardmug]

You should ignore them, if you do send them anything please do not sign, just type your name, and head any letter with....I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

Believe me there are good reasons for doing this

Kind regards

[DonkeyB]

Probably easier first of all just to phone Barclaycard and ask when the account was defaulted, when the last payment was made, and exactly when it was sold and to whom.

 

Follow up with the SAR if you think they give you duff info – although if Barclays’ info implies it IS SB, then you might first want to demand evidence of payment from Cr-a-p-bot. Could save yourself a tenner.

 

The number for Barclaycard Recoveries is 0844 556 0066.

[Fred Bassett]

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

 

What a surprise.

[dx100uk]

its a barclays loan sadly.

 

is there a magic number for them donkey?

 

dx

[lakesidelady]

It was a loan account and I have no details (account number etc.) should I still contact Barclays

 

I'm sure that I've made no acknowledgement of this debt in the last 6 years and the last payment would have been to wescott as opposed to Barclays.

 

Sould I write again to Cabot or ignore them and just try and find out info from Barclays?

[DonkeyB]

Try Barclays. Use that number and ask them for the number for Barclayloans or whatever it was called back then.

[lakesidelady]

If, as i am pretty certain this is SB debt, how should I proceed with Cabot? Do I ignore their contact attempts or must I write to them again?

[DonkeyB]

If there were any payments to Westcot – as you imply there were – then it may not be SB. Never, ever claim a debt to be SB if you are unsure, as it weakens your position.

 

Make the calls or do the SAR as suggested. You should be able to pass security with your name, address from the time, and security questions.

 

Does the documentation sent by Cra-p-bot not have reference to an account number?

[lakesidelady]

Thanks for the replies guys. There is an account number on the letter, I assumed this was a Cabot generated number but maybe I am wrong and it is in fact a Barclays account number.

 

I will try and phone Barclays and if no luck will send an SAR. Is there any other letter to send to Cabot requesting proof that these so called payment transactions took place?

[DonkeyB]

Not until you get your side of the story together.

[lakesidelady]

UPDATE: After getting no Joy with Barclays, basically they said I could only receive a copy of the documantation if I picked it up in a Barclays Branch in person - I live in Northern Ireland and there are no branches this side of the water.

 

I then sent a letter requesting Cabot to provide me with the Credit Agreement and included the £1 fee. Stupidly I didn't post it recorded and this morning I have had another letter from Cabot saying if they do not hear from me my account will be handed to the pre litagation department where they can take out a charging order, obtain an attachment of earnings, obtain a bankruptcy Order! All very scary sounding stuff.

 

Should I send the letter again this time by recorded delivery and see where I get then.

 

Please advise, I'm completely confused.

 

Thanks

 

Lakesidelady

[DonkeyB]

Yep, resend recorded. It’s a statutory request that they MUST reply to.

 

They CANNOT take any legal action while in default of such a request (case law).

[havinastella]

And stop taking them seriously

 

The pre lit desk is the next one down.

[Happyhippy1959]

Lakesidelady, please do not worry, i have seen this bunch off on three debts due to no CCA's or a dodgy recon. As the good boy's and girls say there blowing phis and wind..... There pre-lit division is in the ladies changing rooms third floor,,, they are trying to scare you into admitting this debt. Let's get the paperwork first. Even if you did pay Westcott, so what it's not statue barred, they will have to produce an agreement signed by you and 100% watertight on its wording. I can tell you I had two Barclays cc and a loan from 2003 and 2004 which Cabot bought and Barclays can produce only 1 recon and for court they will need an original. So I am in stalemate with them, they keep asking I keep saying produce the original please.

 

The fight has just started, under no circumstances part with your hard-earned to these leaches.

[lakesidelady]

Thanks for all the advice, I sent the CCA letter again with the £1 fee this time recorded delivery so will see what comes back in the post to me.

[Happyhippy1959]

They have a certain modus operandi these guy's, if they have not got a CCA they will try and bang a recon for you if the OC don't do that for them they will use the line of ( well you have been paying it before so that is admission of debt ) all you do is write back and say, that is not the issue here, I am exercising my right to see the contract in the form of a signed CCA and then quote various court cases where a company has tried that on. The law is the law, any pre 2007 credit agreement needs a signed agreement to allow them to enforce. Any post 2007 and a recon and statements will suffice. They know it, You know it. I have seen off £30k of debt this way and have had DCA's offering up to 80% off, why pay the 20% I say, my credit rating is band jaxed so be it. After 6 years it will fall off. Rather tell em to do one now. Crabot will huff and puff, but hey what can they do in the end. NOTHING. ( simples )

[lakesidelady]

I will bear this in mind thanks, Happyhippy1959,

but can I ask what is a recon?

sorry I'm not really up to speed on all these terms.

 

The debt is not on my credit file and I have had no probs getting credit over the past few years (although I exercise responsible borrowing now:oops:),

which is why I'm thinking it is probably statute barred

 

it's just as I said I'm not 100% sure as that whole time frame is a bit of a blur

and I have had no helpful info from Barclays as I'm not on mainland UK

so can't just call into a local branch to receive the paperwork!

[dx100uk]

recon is recontructed agreement.

 

if this det is pre 2007 then they cant use that in court

 

but as you say your cra file is clean

 

i think they are on a phishing trip

to catch a mug that knows n better tha pay up

 

no DCA has any legal powers

so up to you

pers i'd ignore them

 

dx

 

 

dx

[Happyhippy1959]

Sorry Lakeside lady and thanks DX for putting it so simply. This sounds a very iffy case and it looks like Cabot are trying to make up my bill with a chance of snaring a mug... I think and I hope I'm right you have nothing to worry about. Especially as your getting credit now.... So just have fun with the muppetts, will keep you happy on rainy day's.

[lakesidelady]

Response from Cabot:

 

Dear xxxxxxxx

I understand you have made a request for information pertaining to your account under section 77/78 of the Consumer Credit Act 1974.

Please be assured we have contacted Barclays to obtain the relevant documentation to comply with your request, and upon receipt, this will be forwarded to you accordingly.

I trust I have set our position clear.

yours sincerely

xxxxxxxxxxx

 

I take it I should now just wait to receive more info from them?

[firstship]

Cabot have the usual 14 days from the date of your CCA request, to respond with a copy of the agreement,if not you will find a letter in the site file and you can put the account IN DISPUTE,and this dispute will apply until such times as they fully comply with your request.

 

Being Barclays it could take some time to comply fully.So not to worry at all,when the 14 days have expired get the Dispute Letter of,send it recorded.

 

Like dx100uk I think Cabot are chancing their arm ,so if you just ignore them,it is probably the best way forward,just keep us in the picture as and when you receive a letter from Cabot.

 

Regards FS

[lakesidelady]

UPDATE I have not heard anything from Cabot since the last letter on 16th August. They have not responded with the CCA request within the 14 days, what should I do next just simply forget about them or do I need to send another letter?

 

Thanks

[zydeco]

Hi there, as dx and firstship have said you now send the account in dispute letter.

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

Z.

[Happyhippy1959]

Yep oh this brings back memories for Hippy,,, bang the account in dispute letter. You will get a weasel y reply of DUE TO THE AGE OF THE ACCOUNT BARCLAYS ARE EXPERIENCING A DELAY IN RETRIEVING THE INFORMATION WE WILL KEEP YOU INFORMED BLAH DE BLAH...... Now a horrible thought just struck me and I do not suggest in anyway that Crapbot do this, but I hope you did not sign your CCA request Lakeside Lady ???? has been know for a signatures to be uplifted and I have never heard of Cabot doing such a illegal act, as far as I am aware they are reputable in as much as a Debt buying company can be and seem to stay just about inside the law of the land ( in writing anyway ) they may push the boundaries with little porkies on the phone.

 

H.H.

Ispa Scientia Potestas est.