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cabot financial and related companies

onlyme78
onlyme78 Posts: 2 Newbie
edited 24 April 2011 at 8:16AM in Debt-free wannabe
recieved a phone call the other day from a DCA acting on behaf of cabot financial for an unpaid credit card bill dating back 10 years at least, now i did acknowledge the debt over the phone and i was told that the conversations were recorded but after being woken up at 10 in the morning after being on the nightshift i clearly wasnt thinking straight . i told them that the debt was over 10years old although cabot bought the rights to it in 07 and that i wasnt paying it. i havent acknowleged the debt in writing or made payments for this debt in over 10 years is this debt statue barred and if so whats course of action do i take. i aslo asked the girl on the phone where she had obtained my mobile number and i was told that equifax had given it to there company!! is this legal and the DCA has made 3 credit checks in the last month too surely thats not right too

thanks in advance

onlyme 78

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Yes, it would be statute barred.

    a) To be legal, any acknowledgement of the debt must be in writing and signed by you.

    b) The debt would have already been statute barred. Once is it, then any later acknowledgement or payment cannot undo that.

    Debts collectors will lie and try to make you believe that a telephone call counts as acknowledgement.

    The law is clear. It does not. Even if the call is recorded.

    Info and letters to send Crapbot in this link.

    https://forums.moneysavingexpert.com/discussion/2606811
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • with the debt being statue barred how would i go about getting the credit checks removed from my credit file as they are having an effect on my credit score
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Check with the credit reference agency.

    Debt collection checks will normally be 'unrecorded checks', meaning that you can see them but any creditor checking your file would not.

    If anything has been recorded that prospective creditors can see, then you can complain to the CRA/Crapbot to have them removed.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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