Cabot chasing HSBC OD - all fees

[iamgnome]

Thanks it's been over six years now since the default with no court proceedings. Guess this is the end of it?

[renegadeimp]

As long as you haven't paid or admitted the debt is yours, then they can't go to court.

You have an absolute defence.

Of course they'll threaten and Try, but there will be nothing they can do

[dx100uk]

poss .

in strict legal speak, its DN+14 days but if you made or used the AC after that date or never well before DN then its arguable the DN is faulty.

i would take the latest of the above

 

if it is SB then fire them off our SB letter from the debt collection section of our library

but you must be 1000% sure and sometimes its better not to kick pram wheels till they do ...

 

dx

 

[iamgnome]

Thanks guys very helpful.

I'll assume I'm in the clear but will keep a SB letter handy.

Donation coming your way, this site has been a godsend...!

[dx100uk]

pers id nail them in their box

 

dx

 

[honeybee13]

Thread reopened.

HB

[iamgnome]

Thanks for reopening this old thread! I'm back with an update.

Cabot's lawyers have sent me the below letter:

We are instructed to start legal action within 26 days if we do not hear from you regarding your outstanding balance.

We will obtain a CCJ if we do not hear from you. 

As mentioned, I'm certain that the debt is now SB'd. Likewise, I haven't paid anything to Cabot or admitted that the debt is mine.

They MIGHT claim that I made a payment after the default. If you remember, I did an SAR with Cabot and they tried to bluff a phantom payment. 

So, I'll aim to fire off the SB letter and if it goes to court then I'll defend that a) it's definitely SB'd and if needed, b) any payment Cabot are claiming is false and can be proved by xyz.

Does that sound about right? Thanks as always, for your help with this long running saga!

 

[dx100uk]

yea just fire off the SB letter by 2nd class stamp

get free proof of posting from any po counter.

and as per the CONC in  the letter, start a diary now.

dx

 

[iamgnome]

Thanks DX, will aim to do that asap.

A thought that came to my mind.

The letter they sent doesn't have a 30 day deadline and I received it by email.

Is that against the rules or have I got it wrong?

 

[dx100uk]

so this was an email not a royal mail letter.

they use email as a free way to p'haps scam mugs that know no better.

not sure what this 30 days is you are going on about?

send the SB by surface mail get free proof of posting.

dx

 

[iamgnome]

Alright DX, will do.

Re 30 days, I thought that was the standard for these letters i.e. giving you 30 days to reply before court action?

[dx100uk]

cant send a letter of claim by email, even if that what was attached to it. .

you are confusing yourself.

dx

 

[iamgnome]

I probably am haha. Thanks for clarifying DX.

[AndyOrch]

30 days is in respect of completing the Pre Action Protocol forms pre litigation which should be attached to the LBC.

See my topic post#1

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126

 

Andy

 

[iamgnome]

Cheers Andy, that makes perfect sense.

Edited February 21 by iamgnome

[iamgnome]

Just an update on this.

Turns out they did send a physical letter, but it had a completely different date to their online one.

They also sent a chaser to their email, threatening to apply for CCJ.

Have ignored the emails and replied to the physical letter.

Will let you know what happens next...

[dx100uk]

with the sb letter nothing else no?
dx

 

[iamgnome]

That's correct dx, nothing more!

[iamgnome]

Update:

Cabot's lawyers have responded to my letter.

Their response was on email.

They claim I made a payment in 2018.

I've checked my bank account and there's nothing that was paid at the time that they claim.

As expected, this is the phantom payment scam they tried before.

If this is the best they have then I'm 100% sure the debt is now SB'd and they're desperate.

Is it worth replying i.e. you're wrong and I'll contest this at court, so don't contact me any further. Or shall I wait it out until LBC

Cheers

 

[dx100uk]

emails can be ignored.

dx

[iamgnome]

Thanks DX, I'll ignore unless they send an actual letter.