Cabot/restons - claimform - old cap1 card 'debt' poss SB'd

[N_Just789]

Hi

I have received a DCA letter from Cabot for a CC debt that defaulted May 2007 and haven't been in contact with them.

 

In the meantime I had received letters from different DCA's as it has been passed around and was wondering if this would be considered statute barred.

 

I assume that it is, but just wanted to make sure and if it is the case,

 

do I need to write to them with a letter or complain to the OFT

 

Thanks

 

N

[dpick]

Hi

 

 

if you have not made a payment or acknowledged the debt in writing in a 6 year (5 in Scotland) period the debt is statute barred.

 

 

Once statute barred it cannot become unbarred.

 

 

So May 2007 became statute barred in May/June 2013 if you made no payment/written acknowledgement in that time frame.

 

dpick

[dx100uk]

send them the statute barred letter from the green library tab to left

 

dx

[N_Just789]

Hi,

Thanks dpick & dx!!

I haven't done either. Will send them a letter. Thanks again

 

N

[N_Just789]

an update....

 

I sent them a letter as advised and looks like they have just ignored it.

 

I have received a letter from them to

 

"please call....urgently, and speak to one of their helpful customer advisors about the account",

 

of which I have no intention of doing?

 

Would the next step be to send them a follow up, or a different letter?

 

Thanks

[dx100uk]

prob just a std computer generated letter.

 

14 days isa bit quick for a human to get involved

 

await the sb letter reply.

 

dx

[renegadeimp]

Gow long between you sending the letter and them sending you this one?

[N_Just789]

Thanks for replying

You are probably right dx as its been roughly about a week?

 

Perhaps is was a cross over.

 

I will await for their reply.

 

In meantime I checked all my credit files and its not appearing on any of them..further proof of SB?

 

Thanks again

N

[N_Just789]

Hi all,

 

I received a letter back from Cabot stating that it isn't SB

they received a payment of £4 in 2009

and they will be in touch to discuss payment.

 

 

Do I need to send a request for info letter

as I don't remember paying them this or should I wait for them to contact me again?

 

Thanks

 

N

[havinastella]

Oh the standard phantom payment. Did you pay them £4?

[havinastella]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387434-Follow-up-Letter-where-Statute-Barred-Debt-is-still-being-pursued.

[dx100uk]

write back stating you wish:

 

 

full details on the payment of £4.

 

 

when

where

by whom

by what method

at what bank.

 

 

bet they use the cash payment slip signed at bank counter excuse.

 

 

dx

[N_Just789]

I don't remember paying them anything.

 

I don't have any record of paying them anything,

even letters of the whole issue have totals that differ by £6 not £4, so something is not right.

 

I even have an old credit report from 2009 and with my usual doodling haven't written that I have paid anyone on it.

Phantom payments??

[ukaviator]

If the creditor has previously taken you to court and a CCJ has been issued, the debt will still be enforceable,

with the court's permission, even if it is more than 6 years old.

 

 

If the CCJ was awarded after the debt itself had become statute barred,

then you can ask the court to set it aside. That £4 payment does look dodgy.

 

If it turns out that you do owe the money and it is not statute barred then you should claim back any over limit and late payment fees.

[N_Just789]

Thank for all your replies.

Wow these DCA's are priceless...I have never had a CCJ, so I guess I need to ask them to enlighten me.

Could I send them the follow-up letter with a paragraph asking for more detail, or would I need to do it separately?

 

Thanks once again

 

N

[dx100uk]

post 25 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?394675-Hoist-portfolio-robbers-way-old-Cap1-debt-now-phantom-payment&highlight=Phantom+payment+letter

 

 

dx

[Desperate Daniella]

That is a really good letter.

[dx100uk]

who was the oc by the way?

 

 

dx

[N_Just789]

Hi

Thanks dx for the link to letter, was just what I needed.

 

I got knocked out by the flu for a few days.

 

Not completely out of it, but can now stand the brightness of a screen.

 

...The OC was capital one

 

Have sent off letter today will see if I hear anything and will be checking good old track and trace!

 

Thanks once again

 

N

[Desperate Daniella]

Well even if it wasn't statute barred if it's a Capital One "agreement" from the early 2000s it's unlikely it would be enforceable anyway.

 

I can't believe they think they can get away with the phantom payment. As if you would suddenly decide to make a single payment of £4 two years after your last one.

[N_Just789]

Hi Daniella

 

2001 apparently...Hmm...will see what they come up with.

 

I guess it was a tactic to scare as they were giving an amount and a date,

but I am more than certain I have not paid them anything.

 

I can't believe that they can get away with the whole idea of a 'phantom payment'.

 

Where on earth do they come up with these things?

 

They shouldn't be allowed to get away with it.

[Desperate Daniella]

No they shouldn't.

 

I await their reply giving details of this phantom payment with interest.

[N_Just789]

Hi everyone.

Thank you for all your help.

Ironically..

..the update is...

...wait for it...

...(you can almost hear the crickets in the silence!)..

...Nothing!

I haven't heard from them since!

 

The letter was delivered on the 6th December and so I make it that the proof was due Tues 17th.

 

However, the only thing I received was some usual 'repaying your account letter' dated the 9th.

 

Does this mean that they are just going to pass it on? Or is this done and dusted?

 

Thanks

N

[maroondevo52]

 

Does this mean that they are just going to pass it on? Or is this done and dusted?

 

 

How long is a piece of string

[N_Just789]

Hi everyone

 

...Probably a long one by the looks of it.

On Friday out of the timescale and via second class normal post, I receive a reply...

 

Dear N

 

Re: Acc

 

Thank you for your letter received in our office on 9th December

(Wrong you actually received it on the 6th December lying toerags and I have signature proof!)

 

I am sorry to learn that you have had to raise concerns (yawn) regarding this account

and can confirm that we will be confirming a through investigation into your concerns.

 

 

Once we have completed this, we will write to you again.

 

Please find enclosed a copy of our Internal Complaints Procedure for your information.

 

 

Please take time to read this as it explains how we deal with your complaint and when we will contact you again.

 

In the meantime, if you have any further queries please do not hesitate to contact me.

 

Yours sincerely

Blah Blah

 

Now,

I am sorry but this sound like a 'buying time trying to take the mic'.

 

 

That leaflet says that they can take between 4-8 weeks to solve the 'problem'.

 

 

Its funny as they were quick to talk about a 'payment' being made but now you can't come with when, where and how in the time-frame given.

 

 

The letter I send them giving them 7 days, not weeks.

 

Where do I need to go from here?

 

 

I guess they have covered their back.

 

 

If I make a complaint to the OFT,

 

 

I assume they will say that I have to wait,

 

 

but they have not given me what I have asked for nor did they reply with 7 days,

 

 

so technically the matter should be closed.

 

Thanks

 

N