Caboot financial. Help!!!

ditsydoris_2

I am being chased for £3500 by Caboot Financial for a debt i know nothing about. I asked them in previous correspondence to tell me when this credit card was supposedly taken out and over the phone they told me over 10 years ago. I asked them to provide me with details of the card and when it was taken out and to what address it was registered to. They sent me a letter saying all the info was enclosed but there was nothing in the envelope. They have now sent me a letter saying they will move my account to the next stage of their collection process. This is a Bank of Scotland credit card and I have never in my life had a credit limit into four figures nevermind £3500. They want me to contact them urgently but I have no idea of this card. Am I being had? ( so to speak ) or can they chase me for something I know nothing about from 10 years ago? How do they prove I had this card or more importantly, how can I prove I didn't?

sutton111

ditsydoris wrote: »

I am being chased for £3500 by Caboot Financial for a debt i know nothing about. I asked them in previous correspondence to tell me when this credit card was supposedly taken out and over the phone they told me over 10 years ago. I asked them to provide me with details of the card and when it was taken out and to what address it was registered to. They sent me a letter saying all the info was enclosed but there was nothing in the envelope. They have now sent me a letter saying they will move my account to the next stage of their collection process. This is a Bank of Scotland credit card and I have never in my life had a credit limit into four figures nevermind £3500. They want me to contact them urgently but I have no idea of this card. Am I being had? ( so to speak ) or can they chase me for something I know nothing about from 10 years ago? How do they prove I had this card or more importantly, how can I prove I didn't?

You don't have to prove that you owe the money, the DCA, in this case Cabot will have too.

It's upto the DCA to prove that you owe the money not the other way around.

Send them this letter. Edit it to meet your needs.

Never ring up a DCA, send all correspondence by letter, and never ever sign the letter.

If you need anymore help there are some great people on the Debt-free boards like rog, fermi and 10past6 to mention a few.

Also the National Debtline can help you further. See Here.

HTH.

confused_of_cardiff

I was most interested to read your posting since I have also this week been contacted by Cabot Financial regarding a debt with Barclaycard totaling around £3500 in 2005 which was transferred to Cabot in 2007. I know nothing about this debt. I do have an account with Barclaycard but there has never even been a late payment on the account. Sutton111's suggested letter of response looks like a good starting place to resolve this matter but I'd be most interested to know the outcome of your dilemma. Did you determine if your credit rating was adversely affected by you dealings with Cabot Financial and if so was this subsequently put right?

Confused of Cardiff

confused_of_cardiff

p.s. this may be a stupid question but I forgot to ask in my original reply, many postings advise not to sign any letter sent to a DCA - why is this? Are some DCA's sufficiently devious to copy your signature? If you don't sign a letter will it still be considered as part of your formal communication should your case need to rely on it later on? Is it also advisable to send letters by recorded delivery? I note that the address given by Cabot is a PO Box!

Confused of Cardiff

aj2703

Sutton's letter is a good one, But i'd send the STATUE BARRED template letter as the debt is over six years old. First do a check on your credit file and make sure there is no CCJ against it. If not then send the statue barred letter off to them.:D

aj2703

confused_of_cardiff wrote: »

p.s. this may be a stupid question but I forgot to ask in my original reply, many postings advise not to sign any letter sent to a DCA - why is this? Are some DCA's sufficiently devious to copy your signature? If you don't sign a letter will it still be considered as part of your formal communication should your case need to rely on it later on? Is it also advisable to send letters by recorded delivery? I note that the address given by Cabot is a PO Box!

Confused of Cardiff

It has been said that they have done this yes, although i have not seen any proof of it myself, but as a precaution i wouldn't chance it. If i did sign it, i'd put a line through the middle and if they are stupid enough to copy it you'd have proof basically that they are commiting an offence, maybe fraud or something like that

confused_of_cardiff

Thank you for this aj2703, another useful piece of information. Can a debt be Statute Barred even if it never existed? I'm 100% convinced that this debt never existed though Cabot don't seem quite as convinced. I fear that claiming this time limitation may be seen as an acknowledgement that the debt did exist.

never-in-doubt

confused_of_cardiff wrote: »

Thank you for this aj2703, another useful piece of information. Can a debt be Statute Barred even if it never existed? I'm 100% convinced that this debt never existed though Cabot don't seem quite as convinced. I fear that claiming this time limitation may be seen as an acknowledgement that the debt did exist.

No - it is to be removed from your file. Send this letter, its fine you are not accepting any liability for anything....

http://forums.moneysavingexpert.com/showpost.html?p=21394517&postcount=69

aj2703

Cardiff i was actually advising ditsydoris as her debt is 10 years old. You say yours was in 2005 so statue barred would not come into it for another 2 years. In your case if you are sure the debt isn't yours do as sutton said and send the letter off he refered too.:D

never-in-doubt

aj2703 wrote: »

Cardiff i was actually advising ditsydoris as her debt is 10 years old. You say yours was in 2005 so statue barred would not come into it for another 2 years. In your case if you are sure the debt isn't yours do as sutton said and send the letter off he refered too.:D

Or go straight in with a CCA and dispute and s.10 notice all in one which will really p!ss them off due to all that work and in essence, they know you aint gonna pay (regardless of whether you actually owe it - strike that, you can't owe it cos its statute barred lol) and have no legal right to publish data so they will simply remove it anyway - OR - they get forced as the debt isn statute barred and is illegal to therefore publish account data.

Easy life

confused_of_cardiff

thanks guys, I'll let you know how I get on