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    • Hi,   Stumbled upon this website and I see the general advice is ignore CRS and that they can't do anything but thought I'd make my own post as I'm still anxious and don't want debt collectors to turn up at my parents home.   Facts: - Joined Xercise4less in June, 2017. I paid £11.99/m - Finished uni in July 2019, so I wanted to cancel membership as I was moving back home and the closest X4less gym would be 50miles away.  - I initially put in a freeze request (thinking it's to cancel). When I told my friend he said I need to fill in a different form to cancel the contract. - I was confused so I confirmed this with someone working at the gym. They explained even though my 12m contract has finished, in order to cancel the contract I would have to give 30 days notice using a form online and cancel my DD. - So I completed this online form that same week and canceled my DD a few days later.   * Fast-forward to 20th January 2020 *   - Received a letter (to my parents address) from CSR yesterday (20th). Asking me to pay £213.47 including their fee of £102.50. - I was at work when my parents send a pic of letter. Return address said HGC - a quick google search shows them as Hutchison Global Communications aka Three.  - What did I do next?  Since I didn't have the letter in front of me I asked my parents for the number & reference on the letter. - Then stupidly called CRS thinking its Three and it's regarding my recently cancelled phone contract.   What I told CRS on the phone: - When I found out it was about my cancelled gym contract I explained in detail several times how I correctly cancelled my contract back in July 2019 and I will not be paying the outstanding amount. I didn't even use the gym. I did say I may be open to paying the monthly fee. - Advisor said Harland got my freeze request but nothing else, no proof = you must pay or they will continue to purse me. He also said outstanding amount is not negotiable and me not using the gym is irrelevant. - I asked for Harlands contact details, CRS refused to give it to me because Harlands will not discuss this matter with me.   After 15mins of going around in circles, me explaining what happened and advisor saying I must pay, I finally I said I am not in the wrong here. I filled the form correctly, and it said 'submitted. If their system didn't receive my request it is not my fault and I cannot be held accountable for an error on their part. So I don't agree with the charges and will not pay it and ended the call.   Other info: - CRS said the charge of £213.47 is for membership from October 2019 - Dec 2019 + late fees + CRS fees. - Told the advisor I no longer live at the address they sent the letter to. He asked for new address and I refused to give this out, so they will add an additional £36ish for tracing my new address. - Apparently they sent several letter to my old address but I know they didn't because I still have friends living at that address who would have told me if anything addressed to me came through. - I believe the system didn't acknowledge my cancellation request since a freeze request was in place but that doesn't mean I owe them any money and definitely not £213.47.       Thanks in advance!      
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notodebt

Cabot and halifax debt - cabot say telephone to setup a payment arrangement makes it not Stat barred?

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Can I get some advice on an old Halifax bank account debt sold on numerous times ,

been with Cabot for about 2.5 years. Bal £669..

..full of charges and fees etc which I have not claimed yet.

After a recent SAR the last payment on the acct was £20 in Mar 2013.

 

The accompanying letter from Cabot states that last contact with Halifax was Feb 2014 for a verbal payment plan apparently from myself.

If i have the dates correct this will make the debt stat barred with that last payment?

 

I guess Cabot will say it is not due to the verbal communication of Feb 2014 but as far as I can see unless they can prove that it is just a veil threat.

 

The SAR documentation I received were just a number of printed pages of account transactions no default letters or assignment letters etc so pretty confident Cabot do not have all the relevant paperwork anyway. 

 

So I am correct on the stat barred status of this account.

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Yes you are correct...so ignore them.


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Thanks for the conformation..happy days.

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Does the SAR state what date the Default Notice was sent out?  You might have to look a bit.


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a telephone call is not admittance.

 

dx

 

 

Thread title amended


..

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Sar does not contain any other documents,  I was hoping to get the default notice. I know this is being reported on CRA so can check to see what is listed. 

 

I thought a phone call would not be sufficient to prove ownership 

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I thought a phone call would not be sufficient to prove ownership 

 

 

Not sufficient to acknowledge the debt ...not ownership...thats by way of a Notice of Assignment.


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Well I reckon Cabot do not have that either Andy..

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Possibly not but you wont know unless they submit a court claim or comply with a PAP....but you do know its statute barred either way :wink:


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Phone call means nothing,

 

I had one with a last payment date of 1st March 13, However the default Notice was sent out on July 25th, adding 14 days to that made it around the middle of August, when it  was statute barred.  Yours is probably on a similar timeline to mine, but all the same it would be handy if you knew when that was issued.

 

 


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So to clarify it is 6 years from the default notice to make it stat barred? 

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Default Notice date + 14 days


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Take a really good look through your SAR, it's probably hidden away in there. Maybe they use a code for it even.  Mine said 'DN Sent' next to the date went it went out.


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Is it no longer showing on your credit files ?


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OK you guys were right , Cabot did include a sheet with default dates ..

So this acct was opened 16th Oct 2012 

Defaulted - 21 March 2014

Last paid - 29th July 2013 

 

Hang on that is incorrect.

 

Cabot have 4 accounts , this is in relation to one of them all now closed and two with resolvecall.

 

So checked the paperwork and there are only around 10 pages of statements from the account I posted about.

Cabot also said they have included payments made to the account which they have not.

There are no other docs.

 

I have a letter dated 20th Nov stating that I need to send proof of ID after I sent council tax bill as proof previously.

Cabot have stated this proves address but not who I am ..

 

This explains why I have probably not got all the documentation requested yet they have sent me some scraps of paper statements on A4 ??? 

 

I guess they are stalling as this is the only live account I now have with Cabot

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Hang on, who did you SAR Cabot or The Halifax?


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I would take any info on a Cabot SAR with a pinch of salt.  This is why you must always SAR the original creditor ie the Halifax


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As the owners they should have all the documentation I would assume. 

 

Yes i know what you mean,

the other accounts they have ,

two of them I have made payment to apparently yet they did not state the date of that payment ..

 

.the others all had a default date and last payment made.

 

I will SAR Halifax, Cabot are obviously wasted my time going back and forth asking for ID... 

 

I will also check my credit file today as I am sure this account has been registered in the past.

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If the account is still showing on your credit file it will also give a default date.


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Ok here we go :

 

 

Account start date
16/10/2012
Opening balance
£ 739
Repayment frequency
Monthly
Date of default
21/03/2014
Default balance
£ 739
 
This coincides with the account details that Cabot have. So stat barred April 2014 allowing for the 2 weeks on default.

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not sure why you sent an SAR to cabot?

its always a waste of time sending a DCA an sar.

 

it should always goto to the OC..

 

as for the defaulted date

it should be within 3-6mts of your last payment or YOUR last use of the bank AC [debit/credit]

 

if the OC took several months to default it you are quite within your rights to complain.

 


..

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I'll bet when you receive the SAR from Halifax you will find that the actual default date was earlier than that. More like November '13.


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I think you may be right on the default date..

 

I am going to get that off Halifax.

I believe the account was kept open by Halifax and they just kept adding on charges. 

 

Checking the copy statements from Halifax ,account closed 18th Mar 2014 , last payment July 2013 , so 8 months after last payment.

 

Cabot state default date 21st Mar 2014...so I think they are BS me...

 

Hang on I cannot be defaulted after account closed!

I bet that is Cabot's default date in which case I can challenge it with the CRA's

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Before you do that you must SAR Halifax to find out the correct date.


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