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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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Cabot and historic barclaycard debt

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Hi

 

I had a debt with Barclaycard in 2004/05 for £476 and then facing financial trouble, I have an IVA in 2007/08 which failed because of emigrating to Australia for 4 years. Since 2006/07, I had no contacts with any financial companies and didn't pay any money to anyone, other than GE. I have come back to UK and since then paid off GE. But, I have no communications from any financial companies.

 

I checked my credit history and there was nothing showing from any financial debts from 2006/07.

 

I did get in touch with Barclays but that was for a PPI claim which they paid up.

 

I am now suddenly being chased for that debt with Barclaycard from 2006/07 by a company called Cabot Financial. In the letter they sent me, it says they'll send a company called ResolveCall to visit me and discuss the debt, if I don't call them within the next seven days.

 

My question is I am sure the debt is statute barred. I have never made any payments to Barclays since 2007.

 

What are the next steps - bear in mind, I haven't contacted them and I have never admitted to the debt to them.

 

Thanks for your help

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Give barclaycard a ring and ask for the last date of payment.

 

Cabot have bought a ton of bad debts and will try anything to cash them in. They do not enforce legit debts. They only go after unenforceable ones, as they know the vast majority of debtors are totally uneducated and ignorant of their rights and debt collection procedures.

 

If its statute barred, barclaycard will tell you.

 

Remember, cabot wont tell you, nor will they care or even have ANY paperwork whatsoever on the debt apart from your name address and amount allegedly in debt.

 

relax, and give them a quick ring tomorrow morning :) If it is Statute barred, send them out statute barred letter and then ignore everything they send unless theyre dumb enough to try and issue a court claim ( yes, they really are that dumb sometimes).

 

regarding resolvecall, totally ignore the muppets. They have absolutely no authority over anything, and if they come to your house, tell them in whatever way you like to leave you alone, or youll call 101 and say some random person is at your door demanding money and harassing you.


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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relax, and give them a quick ring tomorrow morning

=============

 

Thanks.

 

I can call Barclays, but hope this doesn't constitute any sort of admission to the debt. Therefore, if they say is it the account where you had owed some money, I'll have to say no or I don't admit to anything being owed?

 

I'd rather not liaise with Cabot at all. If I send them a statute barred letter, what if they ignore it and chase the debt. Can I ask them for the original contract?

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Nope. They dont own the debt any more so no need to worry about admission. You just give them the account number and ask for the date of last payment to the account.

 

If they chase you for a debt thats SB, come back here and we will give you a letter to make them go away for good. Dont worry about contracts etc etc. They have nothing to do with it.

 

Again, just give barclay card a ring tomorrow and come back to us :)


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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Again, just give barclay card a ring tomorrow and come back to us

===============

 

Will do and thanks :yo:

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if you've not paid since 2007 its statute barred

 

send the SB letter from our debt collection section of our library.

 

as I will guess that its a phishing letter as you've never told them in writing where you live now...?

so protect against a backdoor CCJ..end of the matter


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Well, I haven't moved in 20 years - except for 4 years in Australia. So they just had to send the letter to the address pre-Australia.

 

But I do feel like they are trying to bait me and see if they get lucky :razz:

 

if you've not paid since 2007 its statute barred

 

send the SB letter from our debt collection section of our library.

 

The SB, in this link?

 

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=65092&d=1476888386

 

 

I read here that if a debt is statute barred, I don't have to do anything at all? So can I just ignore this whole saga?

 

I called Barclays but they have no way of verifying the details and asked me to give them details of the debt company to which I said I'll get back to them. I didn't want to give them those details until I understood the ramifications fully.

 

If the link I have included here is the template, I am happy to print it off, amend it and then send it off tomorrow. Thanks for all the help.

Edited by dx100uk
quote

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no need to print off the PDF just use the text from the post.

it doesn't hurt to send it and nails your colours firmly to your flagpole as once told they must stop ALL comms.

else off to the relevant authorities as they are have broken the FCA CONC code it states.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Fair point, about nailing the colours to the mast! Will do.

 

Thanks

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