cabot and statute barred? credit Card debt

[trianglehead78]

Merry Christmas everyone. I have an outstanding debt that's been passed to cabot which I believe is statute barred. I've already fired off two statute barred letters to which they have replied that they belive it isn't.

 

To cut a long story short, the credit card was taken out, transactions made but, no but no payment ever made as i was made redundant.

 

the first late payment charge on the account was on the fifth of november 2007 with the account going into default in may 2008. This is the date that cabot are claiming the statute barred runs from.

 

is this the case and if not when does it start from?

[silverfox1961]

There are lots of discussions regarding this matter.

 

My own opinion is based on the terms and conditions related to the card. The SB clock starts from the Cause of Action. The first missed payment is not necessarily the CoA as the T's&C's may say that there needs to be 3 missed payments (or something similar)

 

My belief is that the clock starts from when a creditor 'could' have defaulted instead of when they actually did (6 months later)

[trianglehead78]

thanks for getting back to me. From what i can see in the terms and conditions there is no mention of Cause of Action. I dont have access to a scanner until back in work so can't upload.

 

What I can see is that they have added £100 of their own interest past the default date.

 

With their not being any mention of cause of action in the t and c how would you suggest I play this?

[silverfox1961]

In the terms and conditions there will be something about missed payments and defaults. If they are not there, you may not have the full terms and conditions

[trianglehead78]

It states:

 

MISSING PAYMENTS

Missing payments could have severe consequences and make obtaining credit more difficult.

 

That's it in its entirety

[Peterbard]

It states:

 

MISSING PAYMENTS

Missing payments could have severe consequences and make obtaining credit more difficult.

 

That's it in its entirety

 

The cause of action will run from the first time the creditor was entitled to demand full repayment of all sums due. This will be around the default date as indicated by the default notice(cca section 87).

 

The only real issue is whether it is before or after the remedy period(14 days). But it will definitely not be your first missed payment.

[dx100uk]

cabot have been sending that letter out since at least 2008 to my knowledge

well before the BMW case

 

when challenged they usually back down.

 

don't think there has ever been a case whereby they actually taken anyone to court on that one.

 

dx

[Peterbard]

Strictly speaking, it has always been the position in common law, however lets hope they continue to err on the side of caution.

[dx100uk]

july 2005 is the first copy of that DN=SB date letter cabot use I can find on here

 

funny exactly the same text as the one they send today.......

 

dx

[obiter dictum]

Might i ask for a link to this BMW case , and what relevance to any common law

[trianglehead78]

Morning guys and gals

 

I've had an ongoing issue with Cabot and what I considered to be a statute barred debt.

I've waited out the clock till the date THEY claimed it became statute barred.

 

I've fired off my final statute barred letter to them but, in the meantime I've received a letter from Akinika stating the debt's been passed on to them by their client 'Cabot'.

 

I've also this morning received confirmation from Cabot that they've received my letter but, they're saying that a £1 payment was made and this has started the clock again.

 

Now, I can prove that's the payment for the CCA request so, what should my next move be? Report to OFT? Is there a template letter to send to Cabot to close this once and for all? What should be done with respect to Akinika? Are they going to be under the impression that the debt is active?

[trianglehead78]

Just realised I've posted this in the wrong sub forum!

 

Is it possible to move it myself or does it have to be done by admin?

[ims21]

Thread moved to the correct forum.

 

So Cabot have appointed Akinika to collect this on their behalf.

 

I would deal with Cabot only and write back to them telling them that have misappropriated your £1 payment for the CCA request and pointing out that this does not re-set the SB clock.

 

Remind them that the debt is SB and that you will not be making any payment now or in the future.

 

Tell them that you consider the matter is now closed and further attempts at trying to mislead you will result in formal complaints to the relevant bodies.

[ims21]

Two threads merged for the whole history

[trianglehead78]

Thanks for moving the post.

 

Would it be fair to say then that they would now be in breach of CONC 7.15.7 and CONC 15.7.8?

 

I'm guessing here as I can't find much information since the OFT was taken over by the FCA.

 

Other than the direct stipulation in the CCA request letter that the postal order wasn't for anything other than payment for processing the request, is there any statute or order that should be pointed out to them?

[ims21]

Yes the could well be in breach of the conc rules, you could also point that out to them.

 

S78 of the Consumer Credit Act sets out the obligations and the statutory fee of £1

 

http://www.legislation.gov.uk/ukpga/1974/39/section/78

[trianglehead78]

Thanks for the reply. I've got my letter all typed out so will let you know the outcome.