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dave829

Cabot still chasing me for unenforceable debt

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Hello,

 

I have a disputed Cabot debt of between 5-10k which was sold on to them by my former bank a few years ago.

 

I had previously written to my original creditor with a CCA request, allowing them 12 (+2) days to provide the requested documents, then received a letter from them saying they were going to comply with my request and get back to me.

I didn't hear anything from them again.

 

The bank then sold the disputed debt to Cabot. I wrote to Cabot earlier this year with the following:

 

I refer to previous correspondence in relation to the alleged agreement, copies of which are attached. The letters refer to a formal request under the Consumer Credit Act 1974 sec. 77-79 for a true signed copy of the alleged agreement referred to in the above account number. I would like to point out that this alleged account is formerly in dispute.

 

The original creditor failed to comply with my statutory request within the allowed time limit of 12 (+2) days and have defaulted in respect of this alleged agreement. Additionally, this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. Under FCA rules it is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.

 

Please be aware that I will not hesitate to report the unlawful sale and collection activity of this alleged debt to the appropriate regulatory authorities including, but not limited to, Trading Standards, Information Commissioner’s Office, Financial Ombudsman Service, if further demands for payment do not cease immediately.

 

However, after blocking their number I am still getting text messages from them asking for me to call them quoting their reference number.

 

After the last text, I phoned them to ask what they wanted to speak to me about, and they reminded me that I still owe the debt. I said that I do not acknowledge the debt and that it was unenforceable.

 

They then gave me some rubbish saying by confirming my name and date of birth I am acknowledging the debt is mine.

 

They have my old address and have probably been sending demand letters there.

 

Would it be wise to write to them, asking them to stop harassing me, and give them my new address just in case they decide to issue a court summons as I don't want to risk getting judgement by default.

 

I should point out that the debt is now 6 years old so doesn't appear on my credit file.

 

Thank you for your help.

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Send them a cca request

You cant stop the comms, they've every right to in E&W to chase

 

Whats the debt

Who was the oc?


..

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I've already carried out a CCA request but that was made to Westcot who were acting as a collection agency on behalf of their client (a high street bank) for the alleged debt before it was sold to Cabot.

 

When Cabot started chasing me I informed them that the alleged debt was already statute-barred. They acknowledged this but continue to chase me for it.

 

Cabot are regulated by the FCA.

I thought that for debts which are regulated by the FCA,

if the debt is statute-barred and you've told them you won’t be paying the debt,

they should stop contacting you.

So why are they still trying to contact me about it?

 

Should I write to them again to explain that I won’t be making any further payment and ask them to stop contacting me about the debt?

Edited by dx100uk
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did wescot acknowledge and state they forwarded to owners?

 

did cabot acknowledge statute barred in a letter?


:mad2::-x:jaw::sad:

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Please answer the questions asked

 

Who was the original creditor

What type of credit

Last payment date

 

You say now its sb'd

Did you send our sb letter mentioning fca conc rules??


..

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Yes,

both Wescot and Cabot confirmed by letter that they did not have a copy of the original credit agreement and that the debt was unenforceable and they would not be able to take court action,

 

but said that the debt still exists and that I still owed the money.

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Is there a difference between statute barred and unenforceable?

 

The default is 6 years old but I was making repayments until about 3 years ago.

 

The OC didn't respond to my CCA request within the allowed timeframe and to date the current owner of the alleged debt has not provided sufficient evidence that the debt exists and has written to me confirming that the debt is unenforceable.

 

Under FCA rules,

can a DCA still chase for repayments when the debt is unenforceable?

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This is why we advise our members never to contact these people by phone.

They can say things they would never put in a letter and they then feel free to phone and text you ad nauseam from then on.

 

First thing is to block their number on your phone and any subsequent numbers they try and call you on.

 

If you are feeling particularly vindictive/ aggravated/annoyed etc at the same time as giving them your new address you could complain about the number of texts they are sending you as they are already well aware that your CCA requests have gone unanswered

 

plus they have been told that the debt is Statute Barred and you have asked not to be contacted.

 

In addition you could say how insulted you were to be told that simply by providing your name and date of birth was sufficient to acknowledge a debt and ask them to provide the relevant Regulation.

 

Send a copy to the Financial Ombudsman and advise Cabot that you have done so.

One would think that they might want to harass someone else.

Edited by dx100uk
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Thankyou

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Can you please answer the question s in post 5!!

 

So its not sb'd and they are quite entitled to chase you

Just ignore them


..

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So I will have to wait another 3 years when it's sb'd for the text messages, phone calls and letters to stop then.

 

Would a DCA ever try to take me to court if they have already acknowledged the debt is unenforceable?

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the debt is not SB, they cnat take you to court if they havent provided the information required in a CCA request and they probably dont own the debt so cant take you to court anyways, just tell the organ grinder to consider this.

If the debt has been sold on you will have received a letter telling you this and who actually now owns the debt. wetcloths never buy debts, they are rentathreats, Cabot do both so if they sued it would be as the creditor, not as a DCA so find out in what capacity they are bothering you. If they are a DCA how did your number get into their hands?

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No they brought the debt from the OC.

 

I will just write to them from my new address and tell them that I have no intention of paying them a penny unless they provide proof that the debt is mine.

 

Hopefully that will stop them bothering me.

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the debt is not SB, they cnat take you to court if they havent provided the information required in a CCA request and they probably dont own the debt so cant take you to court anyways, just tell the organ grinder to consider this.

If the debt has been sold on you will have received a letter telling you this and who actually now owns the debt. wetcloths never buy debts, they are rentathreats, Cabot do both so if they sued it would be as the creditor, not as a DCA so find out in what capacity they are bothering you. If they are a DCA how did your number get into their hands?

 

Cabot are a DCA...one that buys defunct debts...but they are not a creditor.


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Please answer the questions asked

 

Who was the original creditor

What type of credit


..

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