FrenchvCabot

[frenchgg123]

Can you confirm that the Limitation Period is from the default date 21 September 2001. What do yo suggest I do?

[42man]

Ahhh a bit small to see Frenchgg123....apparently using Photobucket is a good way of getting it pictured larger (can anyody assist ?)

[pmhcfc]

Can you confirm that the Limitation Period is from the default date 21 September 2001. What do yo suggest I do?

 

Well, you haven't acknowledged the debt have you ? If the answer is 'no I haven't' then just wait 18 more days and it's statute barred anyway. Besides, I doubt the OA you've received is what you've asked for anyway.

[frenchgg123]

here is another copy hopefully bigger this time.

the original is tiny not even halt the A4.

[frenchgg123]

sorry cant do this bit.

[frenchgg123]

One more go.

link for CCA.

[Seahorse]

If the 21 September was the last date that you made any sort of acknowledgement of the (alleged) debt, then that is when you can safely say the date runs from.

 

However, if you know it was earlier than this and can back it up with proof, then that's even better. You may have paid something before the default, but they delayed placing the default by some time. I assume they wouldn't default you on the day you made a payment, and it would be on the next due date. So I'd say you were fairly safe in any case. But only you know for sure. And if they have supplied any sort of statements, that would do, I think.

[42man]

Hi unfortunately I still can't see the details French...apparently using Photobucket is a good way, I have tried saving it and then opening it but it is still blurred.....

[frenchgg123]

Hi, I have received a final response from cabot please give your opinions what to do next.

The copy of CCA is very small and unclear is it worth requesting a better copy.

 

Thanks

[djdave]

Definately use Photobucket - but consider using a false name as it can appear as part of the URL

 

I honestly wouldn't bother requesting a clearer copy. Cabot should know that they are required to send a legible copy, and if they cannot be bothered to obey the law then that's their lookout.

[Jeff2000]

Hi, I have received a final response from cabot please give your opinions what to do next.

The copy of CCA is very small and unclear is it worth requesting a better copy.

 

Thanks

 

 

Hi frenchie,

 

 

Did you ever find out for definite when the limitation period starts?

 

 

Jeff.

[frenchgg123]

Hi, its me again still trying to sort this lot out.

 

The letter states " I note that you have stated that the above account is statute barred by way of virtue of the limitation act 1980 an dthat you have mentioned the OFT deby collection guidance which highlights action on statute barred accounts. Please be advised that the OFT dEbt Collection Guidance remains a guidance which is follwed by the industry and should not be confused with actual law. Please be advised that the Limitation Act only applies to th edebt being pursued through court action. Notwithstanding, Cabot shall always have a right to claim the monies owed as the debt legally remains."

 

are they correct? what can I do?

[ScarletPimpernel]

As usual, Cabot seek to mislead; they are partially correct.

 

It is true that the Limitation Act only applies to Court action. It is also true that the OFT guidelines are not law. It is not true that it's guidance 'followed by the industry', which implies that it's some worthless voluntary code (e.g. the banking code). Failing to comply with the OFT guidelines calls into question their fitness to hold a Consumer Credit Licence, without which they cannot operate as a DCA.

 

In other words, if you tell them that you won't be paying a debt which is barred by statute, and they continue to try to collect, they will be liable to censure by the OFT. In addition, given that all they can do is write letters and phone you, such actions could also put them in breach of s.40 of the Administration of Justice Act, and possibly other legislation concerned with harassment.

[frenchgg123]

can anyone help with putting copies on the forum of the docuements I have received.

[frenchgg123]

have been trying to work out how to paste these letters on the forum hope this is correct I opologise if not. Thanks for any help.

Hope this works. here it goes.

 

 

 

 

[frenchgg123]

the copy is so unclear it does not even fill a A$ page.

 

Link to Credit agreement. I hope it works.

 

Thanks

[ScarletPimpernel]

About the only thing I can read on the 'agreement' is APPLICATION FORM.

[frenchgg123]

I have recieved my new credit file report. Cabot appear as search information and not as credit agreements, should/can I be requesting this information to be removed.