Argos Debt

alliballi

Hi

Hope someone can help. My husband received a phone call from a company called Caboot about an argos credit card debt from 2001. They said they bought the debt over in 2006. My husband told them he didnt have an argos card and asked for info to be sent out to him, but they said no he would have to post them his signature, yeah like that will happen when we dont know who they are or what it is about. Any help or advice on this would be appreciated. Sorry if I have posted this on wrong forum new to this.

McKneff

they are trying it on.

Debts from 2001 would be statute barred anyway (after 6 years) so they cant pursue it and they are probably hoping you are not aware of the law.

there are statute barred letters on here which i hope someone will provide a link for.

Just a reminder though, and I'm sure you know this already, dont sign the letter just print the name so that they cant copy it.

evanjonesaber

Right to stick to your guns - they should be able to send something as proof! Do some googling and research on this 'caboot' too as it may tell you more about what they're like.
DON'T GIVE THEM ANY PERSONAL DETAILS!

Moggles_2

Yes, if you don't acknowledge a debt in writing for 6 years, it will become statute barred and Caboot would not be able to collect.

Has he looked at his credit reports lately? If not, might be an idea. For help, see page 1 of the *How to obtain credit reports* sticky

fermi

Probably Cabot, rather than Caboot.

You could continue to dispute the debt, but as said it is statute barred and unenforceable regardless.

Probably best to just rely on that for now.

In the unlikely event that it turns out not to be "time barred", then you can still diectly dispute the debt itself if needed. The "statute barred" letter specifically does not admit liability, so you will keep that option if needed.

alliballi

Hi everyone, can I just say a massive thank you for replying everyone and for the brill advice feel better now, thanks also for the letter which I will send to them, probably right it is cabot sorry, funy thing is just seen address they want to send signature to and it is a postal box one as if you would send signature to that, hubby also said they asked to send a photocopy of his driving licensense may aswell just send my bank details to (NOT). I live in Scotland so is it 6 years for statue barred forgot to say that.
Thanks a million :T

NickX

alliballi wrote: »

I live in Scotland so is it 6 years for statue barred forgot to say that.

"Statute Barred" is 5 years within Scotland. HTH

fermi

alliballi wrote: »

Hi everyone, can I just say a massive thank you for replying everyone and for the brill advice feel better now, thanks also for the letter which I will send to them, probably right it is cabot sorry, funy thing is just seen address they want to sned signature to and it is a postal box one as if you would send signature to that, hubby also said they asked to send a photocopy of his driving liscense may aswell just send my bank k details to NOT. I live in Scotland so is it 6 years for statue barred forgot to say that.
Thanks a million :T

Asking someone to provide a driving licence/passport or other identification to prove you are not the debtor in question is strictly against the debt collection guidelines set down by the Office of Fair Trading.

The OFT expect these companies to keep to those guidelines and risk losing their license from the OFT to collect debt or a fine if they don't.

So they are VERY much out of order to make demand like that. :mad:

Debts in Scotland are "statute barred" after 5 years rather than 6.

There is a slightly different letter becasue the legislation to quote is different.

Back with that in a sec......

fermi

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished..."

I/we would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that:

"It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last written acknowledgement/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Part 1 Section 6of the above Act, I/we suggest that you are no longer able to take anycourt action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that:

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully






Mrs A N Other

alliballi

I cant believe what they asked us to do is so illegal,crooks they are. I just want to clarify they said the debt was from 2001 but they bought it in 2006, so is it statue barred from 2001 or 2006, sorry to be a pain so confusing and just want to be correct in what I am doing, thanks for letter and advice fermi,

BASFORDLAD

when you send the letter do not sign it with your usual signature, either leave it blank or print DCA's are known to lift signatures and place them on unsigned credit agreements