cabot finance statute barred

ollie75

well I finally got a response from Cabot. No apology for lying to me about the default date, no surprise. They say that my account is not statue barred as there was a payment made on the 26th October 2006. There letter was dated the 3rd of November, but only arrived today? So based on this information I stopped payments on the 26th November 2006, meaning that by 26th November 2011 the account is 5 years old and thus statute barred? I have worded all letters appropriately to ensure that I have still not acknowledged any debt, and they have still to prove that its actually mine.
So do I wait until after the 26th and respond? Thanks

ollie75

Hi can anyone give me some advise on the above? Many Thanks!

Clifford_Evans

You must ask them to provide proof of payments, also proof that it was indeed you that made the payment, also0 ask for the original agreement signed by yourself and the lender, without this they have no case. I have just reported Lowell and Experian to the Information Commissioner for trying to mislead me with wrong dates and indeed registering wrong dates, they could be in a great deal of trouble. If I win, it will open a whole new ballgame for people using this forum.

fatbelly

ollie75 wrote: »

well I finally got a response from Cabot. No apology for lying to me about the default date, no surprise. They say that my account is not statue barred as there was a payment made on the 26th October 2006. There letter was dated the 3rd of November, but only arrived today? So based on this information I stopped payments on the 26th November 2006, meaning that by 26th November 2011 the account is 5 years old and thus statute barred? I have worded all letters appropriately to ensure that I have still not acknowledged any debt, and they have still to prove that its actually mine.
So do I wait until after the 26th and respond? Thanks

I think you are correct, and as long as they do not commence court action this week (!) you can use their statement against them as a defence should they try it later.

But for actually sending the SB letter, I think I'd leave it till Feb as you know how they are going to respond (default date blah blah) and it's tiresome to get into an argument about when the 'cause of action accrued'.

But I think you are correct that, under Scottish Law, the debt becomes extinguished next week

pauletruth

use the prove it and cca aggreement to delay things if they try it on that should delay them a couple of months with the account in dispute they have to sto recovery action until its resolved. then to get a court date would easily go beyond the barring date. generally contest every little thing