Cabot Financial Help

protosaurus

Hi and hello to everyone I am quite new to this site and was directed here by a friend who said that It is great to get advice from.

Around 3 weeks ago my girlfriend was sent a letter from a company called Cabot Financial who stated that she owed the sum of £1266,95 to ARG Card services Ltd, apparently an Argos store card, she does remember having such a card years ago, but states that in no way was the debt that high on it.

Anyway I proceeded to send a template letter from this site, wont let me post a link to it so I have copied and pasted it:

Dear Sir/Madam

Ref: xxxxxxxxxxx

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

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.



We then waited on a response to the above letter from them which came this morning, the response was as follows:

"We have been in contact with ARG Card Services Ltd and have asked them to supply a copy of the original Credit Agreement. We expect to recieve a response within 28 days, however if the information we require is in their archived files this may take longer.
Meanwhile whilst we are waiting for their response please forward us proof of residency for August 2002.
We look forward to receiving your response."

Just wondering what to do next, as we don't know why they want to know where she lived in 2002, nine years ago!
Any help is much appreciated, looking around this website has been an eye opener to me so thanks for reading this. :T

fermi

protosaurus wrote: »

Just wondering what to do next, as we don't know why they want to know where she lived in 2002, nine years ago!
Any help is much appreciated, looking around this website has been an eye opener to me so thanks for reading this. :T

Ignore the request.

You have nothing to prove to them.

It is up to them to prove the debt to you.

Also, assuming that this debt is from 2002, then it has more than likely gone more than 6 years since she last acknowledged or paid the debt.

That means it would be statute barred.

See this link:https://forums.moneysavingexpert.com/discussion/2606811

If or when they provide some proof of the debt, and if it turns out to be statute barred, then you can use one of the letters in that link.

I would wait for now and see what they come up with first though.

protosaurus

Thanks Fermi, So we don't have to send the 12+2 days letter. I will say to her to ignore the letter and see what they manage to come up with. :money:

fermi

protosaurus wrote: »

Thanks Fermi, So we don't have to send the 12+2 days letter.

No. That doesn't apply here.

protosaurus

An update to this post, Cabot finally got back in touch and supplied a photocopy of a credit agreement dated 08-08-2002.
My girlfriend doesn't remember when she last paid this debt but we reckon it was over five years ago as this all happened when she caught pneumonia and as she was off work for a few months was not getting paid and so she defaulted. Reckon this was around 2004 or 2005.
Just here for some advice and to ask whether this can now be replied to with a statute barred letter, we live in Scotland.
I can scan the photocopy if required.
Thanks for any help.

fermi

Well you would have to think whether there has been 5 years during which she neither acknowledged or made a payment.

If the was, then you could send the letter.

If I was you I would have a word with National Debtline.

Free on 0808 808 4000

See this link: http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

They can go through it with you to see if that is appropriate in your case.

protosaurus

Thanks Fermi, I will ask her to give them a phone and see what to do from here. :beer:

protosaurus

Wow sent the statute barred letter and had no reply for two years and they have recently began pestering her again with more letters for the same debt, saying if she does not pay then it will move to the next stage of the collections process, there must be a law against this level of extended, unending harassment.

bottleofred

If the debt is Statute Barred, there should be a letter somewhere that your friend can send reminding the debt collectors about trying to collect statute barred debts. Check near the top of page 1 to see if anything is available. There is also a letter about harassment, which I have attached below.

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully

protosaurus

Thanks bottleofred, they aren't phoning though just sending out their threatening letters again.

fermi

May be of help: http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4