Cabot threatening me with bankruptcy

[Sheffielder30]

Hi everyone

 

I too have recently had one if these letters.

 

Mine relates to a debt Cabot got from a store card.

There is nothing showing on my credit file as the original default is over 6 years old but I'm not sure if I have acknowledged the debt or made a token payment of any kind in the meantime.

 

What should I do now, can anyone advise please as I'm obviously keen to avoid anything further from happening.

 

The debt shown is just over £2,000.

Thanks in advance to anyone who can help us out with these letters.

 

Sheffielder30

[honeybee13]

Hello and welcome to CAG.

 

I'll start a new thread for you in this same forum, so you can have specific advice on your own problems.

 

My best, HB

[fletch70]

Ok so first question is, when was the store card taken out and have you sent a CCA request

 

You mention BR, have they actually issued a statutory demand or is it one of the options they have mentioned in the letter i.e we may do xyz and we may bring the fires of hell down on your head?

[Sheffielder30]

Thanks for sorting that honeybee.

 

And thanks for the reply fletch. The card would have been taken out itself around 10-11 years ago I reckon and was defaulted more than 6 years ago.

 

I'm not really up on the legal terms but no I've not done anything as yet.

The letter they have sent is a we may do this or that etc and we could do this is by issuing a statutory demand as one of their options.

 

Hope that helps??

 

Thanks

Sheffielder30

[renegadeimp]

So a standard threatogram that is automated and meaningless.

[fletch70]

It is a pretty standard letter however I would be sending a CCA request off

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974.

 

This will not class as an acknowledgement .

 

Do not sign it ( I always use a fancy differnt coloured font from the pc) and if you are sending a cheque then use someone elses (again lots of people will get the other half to sign it) or send a oostal orde for the £1 fee. Send it by royal mail signed for.

 

Cabot will either write and send a copy of the agreement terms etc (might take them a while as they will have to go to the original creditor) or write back saying we don't have one.

Once that happens the next step can be decided (all you are asking for is the information to help you determine your position)

 

It might be that any agreement they send is not legally enforceable or as i said they might not have one

 

If they send a good agreement you may then want to send a SAR to the original creditor to find out when the last payment was made and if there are any PPI etc you can try to reclaim

[Sheffielder30]

That's great, thanks for the replies.

 

I was hoping it was just some kind of last chance saloon for them that I may call and offer something.

 

I know you say I'm not acknowledging the debt by sending a request for data but would this not show to them that I am at least worried and encourage them to keep rattling the cage so to speak?

 

Thanks for all your help

 

Sheffielder30

[silverfox1961]

Hi

With every letter I used to send to Cabot, I always headed them with:

 

"I acknowledge no debt to you nor any company you claim to represent."

 

That is telling them straight.

 

I can't actually remember any threads on CAG where Cabot have gone for bankruptcy (could be wrong of course) They mainly go for CCJ's (unless they are starting to follow Lowells tricks)

[fletch70]

The letter is of course designed to make you pay up and to scare you a little as well. I have more of those than I care to think about. Everytime a new DCA comes on the scene I get the same sort of letter. I am surprised there is any more red ink left in the world with the letters I have had from Wescot.

 

Ignoring it will in all likelihood will not make it go away especially if you have a job or assets. In fact ignoring it may IMO make it more likely they will go for some sort of judgement as they may think you will not bother to defend.

 

I am not sure if you have said...when did you last make payment on or acknowledge the debt in writing ( I know you said it was defaulted more than 6 years ago) ...0h I see you are not sure.

 

I do think the CCA request is the way forward as it will a) let you know if they have an enforceable agreement and b) let them know that you know something of your rights.

 

If the CCA comes back enforceable then it would be SAR time to find out when the last payment was. I suspect that the CCA will not come back as enforceable due to its age

[Sheffielder30]

That's great thanks for everyone's help.

 

I'm sorry to be a little slow but is the CCA request the one where they have to prove they have the credit agreement signed by me??

 

I'll have a good look round for the template letters etc and see how I get on.

 

Everyone's been a massive help, can't thank you enough!

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

 

CCA request letter.. ^^^^^^^^^^

[Sheffielder30]

That's great thanks a lot.

Once again, amazing help from you guys on here!!

 

Where fletch states they suspect it won't be enforceable, does this mean they can't provide it to me or is there anything else I should look out for to check if it's enforceable or not?

 

Thanks again for everyone's help!

[AndyOrch]

Wait and see if they respond first......

 

 

Regards

 

Andy

[Sheffielder30]

I'll give that a bash then and come back here when I hear anything from them.

 

Am I right in thinking they can't do anything to me if they don't have that document then?

[AndyOrch]

Depends on the age of the debt...if they really want to enforce they could re create an agreement...try not to think too far ahead wait for a response...consider and then plan.

[fletch70]

As Andy says wait and see. It was probably unfair of me to say I suspect as I have no proof of that.

 

Get that request off , wait until it comes back. I have just had one back after 18 months which I now need to deal with...so if they don't reply straight away do not worry