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davie_falkirk

Fake statement of account supplied by Cabot / Marlin

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Hi all,

 

I'm being chased by Cabot / Marlin for an old credit card debt (originally an egg card).

 

The amount is in excess of £3500 however I know for a fact that the debt is statue barred because I fell into arrears with all of my creditors in 2008/2009 after being made redundant and haven't made any payments since then. I had six credit cards back then with total debts of £30k+ and managed to get rid of five of them down the CCA route. One took me to court and eventually conceded on a technical point and two were eventually statute barred due to the time it took the DCAs to get their act together.

 

All that remains is Cabot / Marlin.

 

I sent them the standard statue barred template a few days ago and they responded two days later with a letter insisting that the account cannot be statute barred because the statement of account shows payments as recently as 2014. This is news to me because as I said I know that I haven't ever given them any money and haven't acknowledged any debts since 2008/2009.

 

They included a "copy" of the statement account showing numerous payments from 2011 - 2014.

 

This document has to be fake in an attempt to make it look like the debt is still active. The original account number doesn't match my original credit card and the opening balance is the same as the closing balance?!

 

I'm wondering if anyone has any advice on how to proceed? My feeling is that I will need legal advice and take them to court to get this cleared off my record once and for all.

 

Documents attached.

 

Thanks in advance.

 

davie_falkirk

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Complain... Ask for how the payments were made, what date, and who they were received from?

 

But it says Stepchange? Did you not have an account with them?


 

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Seems to indicate a debt management or token payment arrangement through StepChange,

the switching to token £1 payments in 2013 either via them or directly to a collecting DCA.

 

If you have never been with StepChange or made those payments then my guess would be that they have made a BIG cokk up

and got that history mixed up with someone else's.

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Par for the course TBH.

 

Although this is the first time I've physically seen a document purporting to be payments made?

 

IMO it's pretty pointless playing letter tennis with them, if you know it's SB and it's not on your CRF then let them play their silly games.

 

Only respond too them if they can muster the funds to try legal action, they're not bailiffs and never will be, just a tin pot DCA too big for their boots!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ask them to provide more details about the payments made, who they were being made by - from what account.

 

This is information you will need if they issue a claim.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Note the reference along side the payment of £1 3PDM (Third Party Debt Management)

 

A Third Party Debt Manager (3PDM) refers to a third party designated by a debtor to assist him or her to repay his or her debt. In the UK, a 3PDM can be a CAB or other not-for-profit free-to-client advice service; a free-to-client debt management provider such as StepChange Debt Charity, Christians Against Poverty orPayPlan; or a commercial fee-charging debt management firm.

 

Regards

 

Andy


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Contact the DMC (s) to see if any such payments have been made.

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Thanks folks.

 

I contacted StepChange today and confirmed what I already knew - they have no record of any dealings with me or anybody at my address.

 

Unfortunately this debt is still showing on my CRF which is why I'm keen to get this dealt with. I'll let you know how I get on...

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Formal stern worded LBA and formal complaint direct to the CEO of Cabot/Marlin.

 

However, dont tell them that the dmp said they have no dealings at your address. Cabot have already slipped up once, let them dig their own grave. They could change dates etc saying admin error. However, get that full complaint in so you can put the debt into deadlock.

 

Remember the golden rule. 99.9% of cabots debts are unenforceable. There are some that are enforceable but they are few and far between.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just called them to discuss. They conceded that there had been a mistake and that the debt was statue barred and they would be closing their account.

 

Result :)

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Well now there is a surprise ! Well done anyway.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Please get that confirmation in writing. You called their bluff because they know they would have been in a colossal amount of trouble i they didnt. get that confirmation, and they cant even sell it on.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just called them to discuss. They conceded that there had been a mistake and that the debt was statue barred and they would be closing their account.

 

Result :)

 

Not surprised. Cabot are (edit), so nothing surprises me with them now.

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