cabot chasing old 2007 BC debt - all PENALTY charges

[dazzaman12]

hi everyone im lookin for help regarding a credit card i used to have in 2007

,i got hit with a lot of charges for late payment etc a i was strugglin to find a job .

 

the account got turned over to a debt collection agency and i told them i was in the process of claiming my charges back.

they understood the situation and put the account on hold.

 

i put my claim in to barclays and never heard a thing from them or the debt collection agency

and because the amount they ssaid i owed was practically charges i assumed they writ the debt off.

 

recently i have had a letter from the debt company asking where i was with the situation as i still owe the £2250 debt

and that i need to reply to them within 7 days or they will continue proceedings.

 

im at my wits end ,i dont know what to do as i thought it was all settled .

 

any advice anyone can give me will be much appreciated

[ims21]

Barclaycard are very unlikely to refund charges easily.

 

What form did your charges reclaim take?

 

When did you send the first letter requiring refund?

 

You should really do a spreadsheet of the charges and claim interest as well.

 

Normal process would be to issue them with a preliminary letter requiring refund. If they don't pay then issue a Letter Before Action and if they still don't pay then you issue in court.

 

Have a read of Nos 3 and 4 in my signature and also look in the Barclaycard forum and in particular Shelley's success thread.

 

Are you going back further than 6 years for these charges?

 

Has the account been sold to the DCA or are they acting on behalf of Barclaycard?

 

Which DCA is it?

 

ims

[dazzaman12]

hi thankyou for replying,the dca is cabot financial

 

the letter states

,"we refer to our conversation back in august 2007 that you advised us you were disputing with barclaycard and claiming back the money

could you please advise us within 21 days your progress and barclaycard response.

 

if we do not hear from you within the timeframe your account maybe returned to our collections department who will contact you to discuss your payment options."

 

the outstanding balance is 2512(my limit was for only 1400).

 

i havnt made any payments for years and as i said i thought they had written the debt off

and i also dont know if its been six years yet (if it isnt it must be nearly six years)

over the years these are not the first company to try and make me pay

[dx100uk]

check your CRA file

 

see below.

 

dx

[rebel11]

Thread has been moved to the correct forum.

[dazzaman12]

im looking for advice regarding a barclaycard i had in 2007,

 

i was in a bit of a mess because i was made redundant and ended up with quite a lot of charges my credit limit was for £1400

but my actual bill went up to £2500 due to charges.

 

i was glad when you were able to claim your charges back and contacted barclaycard to do so,

to which they said they would process it and doing the figures myself i thought this will clear the money i owe to them and destroyed the card.

 

i never heard from them saying i owed money so assumed my debt was wiped and that was the end of it

 

but not long after i got a letter from cabot saying i owed them the money as barclaycard had passed it on to them,

so i contcted them and explained that i was claiming the charges back and they said let us know how i progress.

 

i wrote to barclaycard and recieved nothing and told cabot the samething.

 

i never heard from them again up until last wek where they have sent a letter saying that they wrote to me back in 2007

regaring this outstanding debt and want to know the outcome.

 

i have recieved another letter today saying that they will give me another 14 days to contact them

and if i dont they will return my account to the collections department for them to take further action.

 

if anyone can give me some advice on this i would really appreciate it and thank everyone in advance for taking the time to read this and if so for their responses

[MARTIN3030]

Did you calculate the charges owed to you,and have you got statements ?

If not then,you need to do a SAR to get copies.

Then submit a formal demand to Barclaycard for a refund of the charges plus interest.

In the meantime,I would write to Cabot and inform them that they should suspend any collection activity,since you are pursuing refund of charges,and therefore they should treat the account as being in dispute.

Ask them for a copy of their complaints procedure.

[slick132]

Hi Dazza,

 

Use this spreadsheet to enter all default charges after changing the APR to 24.9% - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Read some of the BC **WON with Compound Interest** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

When you come to do your Prelim Claim letter, there's some changes needed when you refer to reclaiming "interest applied by BC to the a/c." Instead, you'll tell them you are claiming interest in restitution as per the case of Sempra Metals v Inland Revenue Commissioners.

 

But we can deal with this in time. You have a bit of reading and learning to do first.

 

[dazzaman12]

hi all im looking for some advice about a phone call i recieved this morning from cabot.

its been a few months since their last call and i was told i have an oustanding debt to barclaycard which i defaulted in 2007 for the amount of 2500.

 

i told them the same thing everytime they ring up that i was claiming back my charges my card limit was for 1400 the rest was charges and at the time of claiming the only response i got from barclays was it was been dealt with and since i never heard from them again i assumed the debt was cleared as i never heard anything for 12 months.

 

the guy on the phone then said i need to pay just a small amount to show im willing to pay the debt and i said if i did then i would be admitting to debt so i wasnt prepared to pay anything to which he said but it is your debt and you need to clear it ,so i suggested he get in touch with barclaycard and ask them to sort out my charges to which they would find the debt would be cleared with the interest i was owed.

 

he then said so you are not going to pay and default the debt and i replied yes to which he said thankyou and would be in touch.

 

the question i need answering is where do i go from here ?

will they be taking me to court after all this time?

 

will someone come knocking at my door?

 

any help would be much appreciated and thankyou in advance

Edited January 7, 2013 by citizenB

[dazzaman12]

hi all im looking for some advice about a phone call i received this morning from cabot.

 

its been a few months since their last call and i was told i have an oustanding debt to barclaycard which i defaulted in 2007 for the amount of 2500.

 

i told them the same thing everytime they ring up that i was claiming back my charges

my card limit was for 1400

the rest was charges and at the time of claiming the only response i got from Barclays was it was been dealt with

and since i never heard from them again i assumed the debt was cleared as i never heard anything for 12 months.

 

the guy on the phone then said i need to pay just a small amount to show im willing to pay the debt

and i said if i did then i would be admitting to debt so i wasnt prepared to pay anything

to which he said but it is your debt and you need to clear it ,

 

i suggested he get in touch with barclaycard and ask them to sort out my charges to which they would find the debt would be cleared with the interest i was owed.

 

he then said so you are not going to pay and default the debt and i replied yes to which he said thankyou and would be in touch.

 

the question i need answering is where do i go from here ?

 

will they be taking me to court after all this time?

 

will someone come knocking at my door?

 

any help would be much appreciated and thankyou in advance

[citizenB]

They are trying to get you to take ownership of the debt by making a token payment - it is up to you whether you do this or not.

 

Have you actually submitted a claim for the charges to B/shark ?

 

A letter advising that it is being dealt with then no contact from them sounds pretty much to me, that nothing has been done and you might need to chase this up.

 

There is a process that needs to be followed for Cabot to start legal action.. almost certainly you need to keep everything in writing and if they telephone again tell them that you do not discuss your finances over the telephone and that they must contact you by letter.

[BRIGADIER2JCS]

You are being tricked in to paying this debt is or nearly statute barred, ''the small'' amount will restart the 6 year clock.

 

Stay off the phone, if they call again say you will communicate early in writting.

 

Check your credit referenve file asap, do you know when the last payment was made??

 

Court is very, very unlikely as this may already be stat barred.

Any doorstepper should be ''invited'' to leave, you are under no obligation to speak to them.

 

If you know when the last payment was made I can draft a letter for you to get rid of them for good.

[dazzaman12]

thankyou for the reply ,its been nearly six years now since i last had contact with barclaycard i dont have any paperwork or account number ,would it be wise getting intouch with them or keep fobbing cabot off until six years is up( in may)

[dx100uk]

moved to the BC forum and retitled

 

stay off that phone

 

and DONT get spoofed

 

DCA's are NOT BAILIFFS

 

and have

NO SUCH LEGAL POWERS

 

to do anything to you.

 

dx

[citizenB]

You could if you wish send a CCA request to Cabot - there is a draft letter in the CAG library - you will need to include £1.00 with your request.

 

You could add to the draft letter, that as they appear to be hounding you for an account fo which as yet, they have provided no details, then you are making a legal request for a copy of the contract to which they say you have a liability to pay.

 

Head your letter "I acknowledge no liability to either you or any company you represent"

[dx100uk]

4 threads merged on the same debt

 

please keep to ONE thread per debt

 

dx

[dazzaman12]

hi and sorry about the threading im not what you would call computer literate im afraid so i apologise ,but thankyou everyone for the great advice and i cant remember when i last made a payment im assuming it was before or may 2007 as cabot keep harping on about "you defaulted on the account in may 2007"

[BRIGADIER2JCS]

So defaulted May '07 so this ''COULD'' be statute barred NOW allowing for last payment 4-5 months befoer the default.So the following letter can do no harm cannot reset the 6 year clock but may get rid of them now.

 

The Compliance Manager

Cabot Financial

 

Ref: use theirs.

 

Sir,

 

I refer to your communications regarding an alleged debt fo £xxx .xx please take note I do not acknowledge any debt or liability to Cabot.

 

I musthan Cabot for prompting me to check my credit history this has led me to conclude that any such alleged debt is in fact statute barred, therefore I will not now or in the future make any payment or offer of payment in regard to this matter.

 

Should Cabot wish to dispute the status of the alleged debt I remind you that the onus of proof that the allged debt is not statute barred lies entirely upon Cabot Financial, it is not for me to prove that the alleged debt is statute barred.

 

I am fully aware of the OFT Guidance 2003/2012 and the sections regarding statute barred debt.

 

You will now cease to process all data relating to me and remove it from your records, confirmation of your complaince should be made within 7 days.

 

For clarification and the avoidance of misunderstanding: The alleged debt is statute barred, I will not make payment, the communication is not in any way an admission or acknowledgment of any debt or liability to Cabot Financial.

 

This is my final response.

 

Recorded Delivery and check receipt.

[dx100uk]

give BC a call and ask

 

dx

[BRIGADIER2JCS]

No harm in that at all!!!

[dazzaman12]

thanks again everyone ,you've helped a man stop fretting ,i hope to one day be as clued up as you so i can repay you by giving others advice.

kind regard to everyone and have a great 2013

[slick132]

Hi Dazza,

 

It may be sensible for you to check yourself when you last paid towards the a/c.

 

Although it may have been defaulted back in May 2007, is it possible you made any payments after that.

 

If not, you can reasonably assume the debt is now Statute Barred.

 

If you think you may have made any later payments, try to find out when from your own records.

 

[dazzaman12]

Hi everyone ,today I have received a letter from clarity which I have uploaded for you to view .

it is from originally a Barclaycard I used to have and basically went down the lines of claiming my charges back.

to cut a long story short I sent off the relevant letters to claim it back which I stated what I owe on the card you owe me 300 more than what I owe you so if you agree we will call it quits basically.

got a letter saying looking into my complaint then heard nothing ,until about 7 months or so down the line caboot came on the seen saying I owed them the the money and they having been chasing me since for it from 2007 or could be 2006 not sure and now Im getting this clarity chasing me who I have told the account was disputed years ago .

and now as you can see after hearing nothing for 3 months from these people I get this letter with the huge discount on.

what do I do!

should I pay it just to get rid of them or continue to ignore them.

any advice would be really appreciated

[lelu19uk]

Ignore it. If ilthey are offerig a discount then it is more than likely there is something wrong with the account. If u havent made a payment kn the account or acknowledged it in this time then it is statute barred anyway.