Cabot statute barred debt

goldengirl1384

hi all, im new to this but could really do with some advice. i read a thread or two on here a few weeks ago and so wrote to cabot with the following email

Dear Sir/Madam, without predjudice
Account No:
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".
I would also point out that the 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 correspondence/payment/acknowledgement or payment of this debt was made over six 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 in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court 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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I look forward to your reply.
Yours faithfully

i recieved a phone call within an hour of them recieving me email, which was rather abusive and so i informed them i was recording them.
i then recieved a letter from them saying they would be looking into it and that they required 28 days to send me the information, nothing recieved as of yet.
this debt is on my credit report for £600
they have since sent me a letter telling me i need to pay £780
this was with barclaycard in which i owed something stupid like £19, and this dates back to 2004, according to the bloke who originally contacted me its statute barred with barclays, but not with them (cabot) until 2013??? this i really dont understand.
i'll hold my hands up and admit i 'borrowed' the template letter because to be quite honest it looked great and pretty much like i knew what i was saying, to be perfectly honest now im not so sure and dont know where to turn. i cant afford a solicitor, and i cant pay off £780. any advice you could give me will be greatfully recieved

fermi

goldengirl1384 wrote: »

according to the bloke who originally contacted me its statute barred with barclays, but not with them (cabot) until 2013??? this i really dont understand.

The reason you don't understand it is that he is talking a complete load of horse manure.

Cabot buying the debt makes no difference whatsoever.

A follow up letter is here.

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

fermi

You can also add that as they have admitted the debt is statute barred with Barclays, then you will be reporting their false claims that it is not barred with them to the OFT and trading standards.