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

[notodebt]

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.

[AndyOrch]

Yes you are correct...so ignore them.

[notodebt]

Thanks for the conformation..happy days.

[London1971]

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

[dx100uk]

a telephone call is not admittance.

 

dx

 

 

Thread title amended

[notodebt]

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 

[AndyOrch]

Quote

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.

[notodebt]

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

[AndyOrch]

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 

[London1971]

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.

 

 

[notodebt]

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

[AndyOrch]

Default Notice date + 14 days

[London1971]

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.

[AndyOrch]

Is it no longer showing on your credit files ?

[notodebt]

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

[London1971]

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

[notodebt]

Cabot

[London1971]

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

[notodebt]

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.

[London1971]

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

[notodebt]

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.

[dx100uk]

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.

 

[London1971]

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.

[notodebt]

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

[London1971]

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