Cabot have sent me a statement? Help please.

[brewgriff]

Cabot have sent me this today. Do i just ignore it? See post below for bigger picture. sorry

Edited May 1, 2015 by brewgriff
started again

[brewgriff]

Cabot have sent me this. Do i do a CCA request or just ignore it? [ATTACH=CONFIG]57348[/ATTACH]

[Chipmeister]

Please can you scan and post the document as it's too small to read properly :@)

[brewgriff]

sorry see second post for bigger picture thanks

[mrcooper]

They did the same to me and then transferred the account to Marlins

[Bazooka Boo]

OK so what is the problem?

 

All they have sent you is a statement of account, which they are legally required to do on an annual basis.

 

When was this defaulted with Sharklaycard?

And when did they hand it over to cabrot?

 

Have you been paying them anything?

When did you take this agreement out and how?

[brewgriff]

Hi Bazooka . The default with Sharkley card was back in about 2008 ( i would need to check my bank account for when the last payment was made. i dont know when it was handed over to cabrot as i moved house nearly 3 years ago. I have not paid anything since approx 2008 and that would have been to sharkleycard. I have no agreement with cabrot.

[Bazooka Boo]

First things first then, check your credit files and see if this is on there.

 

If you have NOT paid OR admitted owing this IN WRITING, to the bank or powerless DCA then it is likely statute barred.

 

But do your homework, and check when your last payment was, and you credit file.

 

Did sharklaycard send you a default notice, then a termination notice, and a notice of assignment, usually the NOA will be in the same envelope as the missive from cabrot who will claim they are entitled to demand money with menaces from you.

[citizenB]

You need to establish exactly when the last payment was made to the account - if as you say it was 2008, then you can stop worrying.. period.. as it will almost certainly be statute barred.

 

You can either check on your Credit file - it might still be on there, or send a Subject Access Request to Barclay/shark for all data, to include statements.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

[brewgriff]

Hi, the last payment nade to sharkleycard was 18 december 2008. I have checked credit file and Cabrot are on there. they say the date of default was 10/09/2009 with a default balance of

£ 2874.00 , The file says it was updated on 28/02/2015. If sharkleycard sent a default notice, then a termination notice, and a notice of assignment, I really dont know , because at the time i was in a right mess. and for the record i have paid no monies to anyone since dec 2008 nor have i admitted owing this. thanks for the help

[citizenB]

So Barclay/shark delayed nearly 9 months before defaulting the account ! You breached the contract the minute you missed your first payment, IMHO, if you add 2 months onto the date of the last payment you missed, that should give you a starting point to count down to Statute barred. So perhaps February/March 2009 which would make your account statute barred.. about now.

[Bazooka Boo]

Agreed.... IMO I would let them run away with it for a while yet, technically ignoring them and their puerile threatogrammes until such time they either serve you with a summons, at which point your defence will be the top trump card that it's SB, OR you get bored with them and want them to stop harassing you, by which you tell them it's SB.

 

They might claim the 'phantom payment' was made therefore it's not SB, to which they will have to provide you with unequivocal proof that it was you who made the payment, and not another of their 'admin errors' which is what they all say when you mention the word 'fraud'.

 

I wouldn't give this anymore thought TBH, just get on with your life until such time as they threaten legal action.

[brewgriff]

Thanks very much i will keep you up to date if i get anything else through the post.

[AndyOrch]

Unsure why this is in the Financial Legal Issues?...thread moved to appropriate forum.

 

Andy