CABOT Financial chasing 14 yr old debt

teffers

Back at university in 1997 I signed up for a Barclaycard (in a tent on freshers week, encouraged by the offer of a free inflatable South Park 'Kenny' chair - who could resist).

I got into financial difficulty and this is one of the debts that for some reason never got paid ( I was stupid I know). No default from this remains on my credit report and over time it was simply forgotten.

Just before Christmas I got a letter from Scottcall chasing the debt. I sent the CCA request and within a couple of days got a reply saying they were no longer dealing with it and it had been passed back to CABOT.

I sent the CCA request to CABOT and again, a few days later received a reply advising they would contact Barclaycard to try and find the CCA (they also returned my £1 postal order).

So am I correct in thinking that even if they can find a 14 year old credit agreement the debt is Statute Barred as I have had no contact chasing this for at least 12 years, nor have I acknowledged it.

Any advice very welcome...

fermi

Assuming that no CCJ has been obtained on it, then yes it would be statute barred.

(If there was a CCJ I can't imagine Cabot would fail to mention it or use it to up the scare tactics)

Links, info and letters to send here:

https://forums.moneysavingexpert.com/discussion/2606811

If it is statute barred, then the CCA issue is by the by really.

teffers

Thanks fermi

No CCJ is listed on my credit report as in the last few years I've set about sorting my credit worthyness out. I genuinely had forgotten it even existed.

Interesting to note it seems the resaon I received the letter from Scottcall in the first place was that I changed one of my bank's home address details and this seems to have generated a contact letter from them.

Really surprised me actually.

teffers

Ok so I've now received the 'we haven't found it yet but still pay us letter' from Cabot after my CCA request (12+2 days now expired).

So should I just fire off the letter in post #2 from the thread I was given ?

I realised it wasn't necessary for the CCA request with it being so old but I just thought I'd wait seeing as though I'd already sent it.

downnotout

I had a barclay card too i haven't paid on it since my daughter was born, she is 6 in march no dca letters no chasing and no ccj for it it's on my file still but I guess this will be sb soon

fermi

teffers wrote: »

So should I just fire off the letter in post #2 from the thread I was given ?

If it's statute barred, then I would.

If it's SB then Crapbot can take a long walk off a short pier.

teffers

Thanks fermi - I'll get it sent out.

They threatened to damage by credit reference in the letter too but I'm guessing that due to the default being long gone that's just a bluff ?

fermi

They seem to put that as a standard phrase in most of their letters.

If they try to place a new default where one has already come off due to the original being more than 6 years old, then you have ground to complain and get redress against them.

teffers

Received a further letter today advising the original debtor is still looking for the CCA information.

No mention of the 'Statute Barred' letter I sent just under a week ago. I guess they're still digesting that one.

teffers

Thanks for all your help fermi. :beer:

Just had the confirmation letter from Cabot accepting the debt was statute barred and while still 'legally' owed, collection of these debts must mot be contrary to section 40(1) of the administration of Justice Act 1970.

The account is now withdrawn from their regular collections process.

I guess their gamble never paid off this time.

I know there wasn't really any doubt but your help really is appreciated.

fermi

Thanks for the update.

Glad that all helped.