help with cabot plz

[finlay32]

Hi Iwas just wondering if i could get sum advice..Apologies in advance for the long post.. My OH mother passed away last year and since then Cabot have been sending letters saying they are owed almost £4000 from a monument credit card and wish to know who her property is on the market with so they can contact them. After going through all my late mother-in-laws paperwork we cannot find anything relating to this debt other than cabot letters. We have asked for proof of the debt which they say they dont have original agreement as account was opened in 2001, all they have sent us is terms and conditions of their agreement with original lender which has lots of info marker penned out. My late mother-in-law did set up a direct debit to pay cabot £10 per month in 2007 up until she passed away, however we feel she may have set this up to get them off her back as she was not in the right frame of mind at the time. When we did a credit check with experian there is no sign of this debt on her file. Any advice would be much appreciated as we are not sure what to do.

[brokebutnotbeatn]

who are the executors of the estate? Cabot would have to prove a debt and I doubt they can. Ignore them perhaps as they cannot do anything without proof and they have already admitted they have none.

[Bazooka Boo]

Hmm, crapbot looking to get their grubby paws on money that isn't owed.

 

If they cannot provide the original signed agreement from 2001, then they can get their hands on exactly ZERO! Well they won't be able to take any legal action to recover this, if it is indeed owed.

 

I'd be inclined to think that they simply sent out letters to your late mother in Law, who may have a very familiar name? and conned her into thinking she had an agreement/debt with them simply because she responded.

 

I'd be very very much inclined to ignore them, as they are unable to provide evidence of this account.

[finlay32]

Hi thanks for your reply.My sister-in-law is the administrator. There is no will. She has asked them for full statements of the account before she agreed any claim they had, they say " full statements would certainly not be available as the account showed as being opened some 11 years ago in 2001." its as if they are saying because there was a direct debit set up by her mum they have a claim. We hav put the house on the market as it has an interst only mortgage on it with G.E. Money. We are just a little concerned that when the house sells if and its abig if there is any equity will cabot be able to make a claim?

[brokebutnotbeatn]

No. they have to prove it. No proof, no claim. They cannot prove anything. They have as Boo says conned your m-i-l out of money for years without any proof the debt was ever hers. They would need to provide an enforceable CCA and statements to show how they have arrived at the amount they claim is owed by her. A letter to advise that their claim is rejected on the basis that no proof of the alleged debt has been provided that would withstand legal scrutiny in a court of law. I believe there is a time period in which a claim against an estate has to be made?

[finlay32]

Thanks I have wondered if debt is actually hers as she wasnt really some one who took out credit, the only other debt is the mortgage.

[Bazooka Boo]

I think this could go public, especially if my worst fears are proven, BBC Watchdog would love this, and the press would have a field day!

 

What they have stated (is it in writing?) is their admission that they have committed an offence under the Money Laundering Act, where documents MUST be retained for a period of SIX years from the date the account was CLOSED!

If they have admitted they don't have these details, then there is something seriously wrong and worthy of a much closer investigation, possibly by HMRC.

[finlay32]

Thanks for the advice guys its really appreciated.. I will get a letter sent to them rejecting their claim. My sister-in-law has spoke to them on phone a few times and basically all they try and do is talk her into setting up a direct debit for £25 a month which she refuses to do as they have provided no evidence of this debt. We have in writing from their in house solicitors Morgan that " full statements would certainly not be available as the account showed as having been opened some 11years ago on 2001". Cabot purchased the account on 16 May 2007 and they say "your late mother immediately set up a direct debit which regularly paid £10.00each calender month from 29th May 2007 upto 29th june 2011". My mother-in-law passed away 29th July 2011 so nothing from her bank was actually cancelled until after that date, also i didnt think a direct debit could be set up that quick! Sorry if i sound a bit thick but does the money laundering offence come from the fact they got my late mother-in-law to set up a direct debit? Would the account be classed as closed once it had been sold to cabot?

[Bazooka Boo]

Sorry Fin, I'll try and be a bit clearer.

 

The money laundering act states (not verbatim) that documents must be retained for six years 'after' the account has been closed.

 

However, with the further info you provided, lets not get sidetracked by that.

 

Keep it simple, the fact that you late mother in law set up a direct debit, is IMO, NOT evidence that she owed this? It is, again IMO, evidence that she was intimidated into paying this alleged debt.

 

So, Unless they provide irrefutable proof that this is owed, and that would be the 'original signed credit agreement', they have absolutely NO LEGAL rights to any further money, especially not from the estate.

 

You could, if you wish send them a CCA request, for the original agreement, they have 12+2 days to provide this or they can go play on the motorway.

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter. enclose a £1 postal order too, leave it blank. just sign.

[brokebutnotbeatn]

I wouldn't send them a CCA request. They are obliged to make a lawful, substantiated claim within a certain time period. If they don't it's tough.

[Bazooka Boo]

There you go then Fin, ignore them...

[finlay32]

Thanks guys you both been really helpful. I know my sister-in-law did a CCA request and thats when she got the terms and condidtions between OC and Cabot with lots of info marker penned out including their signatures. That made me chuckle a bit as i ve heard lifting signatures is one of their tricks!

[ashmk]

Be prepared for Cabot, they live in a world of make believe where they are always right and you are always wrong.

[BRIGADIER2JCS]

The the executor (s) must check the deceaseds credit files as a matter of urgency.

Make no comment to Cabot regarding any thing.

Is there any likelyhood that there will be funds available after probate for unsecured debts?

[finlay32]

I can believe that, they actually want us to tell them who the estate agent is so they can contact them " to discuss the progress of the sale". They will have a long wait fot that info!

[BRIGADIER2JCS]

Time to check the Land Registry for a Charging Order on the property as a matter of urgency!!

[finlay32]

We checked with experian nothing showing on that. tried to check the other 2 cra but it looked like we could only check for ourselves. Its very unlikely there will be any funds available as mortgage is not much lower than value of house, its been on the market 12 months and no interst as of yet.

[finlay32]

Ok thanks wil get onto checking land registry on Monday.

[BRIGADIER2JCS]

Looks like crapbot are stuffed if there is no CO.

[finlay32]

Would charging order show up on credit file?

[BRIGADIER2JCS]

Charging order made if a creditor has a CCJ on the debt it secures the debt on the property if the property is sold the creditor is paid from the procceeds.

[finlay32]

So that would show on credit file? Or should we stil check land registry?

[BRIGADIER2JCS]

Yes

[finlay32]

So should we just send them claim rejected letter?

[brokebutnotbeatn]

NO but it will show up at the land registry.