Letter from Solicitor

Ames

Hi all.


I have an outstanding debt from almost six years go, it becomes statute barred in November I think. I made a note of various debts when I checked my credit rating a couple of years ago.


I asked for a copy of the CCA for all the debts not long after I defaulted haven't had anything in response to any of them.


Today I've got a letter from Drydensfairfax solicitors saying that they're acting on behalf of Cabot. If I don't contact by May 23rd they may take action.


I've no idea what the debt is for, I defaulted on quite a few back then (due to illness and being on benefits and unable to pay). The amount they're asking (1.2k or thereabouts) doesn't correspond to any of the amounts outstanding on debts when I defaulted. It doesn't say who the original creditor was, or what type of debt it was, just that I owe it to Cabot.


So I'm not sure what to do, ignore it or contact them, and if so what to say?


On a related note, is it possible to see my credit report without paying £15 for a month's subscription? I know you used to be able to get a written copy for £2, but can't see anything on Credit Expert's website.

Tixy

Hi Ames

Yes you can still get a £2 report - here for experian/credit expert's - http://www.experian.co.uk/consumer/statutory-report.html
Equifax and callcredit have similar links (although you can get callcredit for free through their noddle site).

If this is the first contact you could either try ignoring and waiting to see if they write again with more details - or you could send them the prove it letter - Letter when you know nothing about about the debt - AKA "Prove it" letter (this letter won't affect the date it would potentially become statute barred).

If they replied to the prove it letter and it did appear to be a debt of yours then you could then try requesting the CCA again (assuming it was a debt that would have one).

sourcrates

Treat solicitors as you would debt collection agencies, if they don't own the debt, you are not obliged to deal with them whatsoever, all they will do is "advise" there client, note the "may take action" ?, DCA/solicitors letters are full of "maybe`s" "mights", I would wait it out if I was you, or you could ask them to prove the debt, will keep them busy for a while, send them this letter :


https://forums.moneysavingexpert.com/discussion/2607247


cheers.

fatbelly

Ames wrote: »

Today I've got a letter from Drydensfairfax solicitors saying that they're acting on behalf of Cabot. If I don't contact by May 23rd they may take action.

Well all sorts of things may happen.

Ames wrote: »

I've no idea what the debt is for, I defaulted on quite a few back then (due to illness and being on benefits and unable to pay). The amount they're asking (1.2k or thereabouts) doesn't correspond to any of the amounts outstanding on debts when I defaulted. It doesn't say who the original creditor was, or what type of debt it was, just that I owe it to Cabot.

Really if they are asking for money they have a duty to explain themselves.

How do you know it's statute barred in November if you don't know what it is?

I think I would take the 'ignore' option. The 'prove-it' option isn't a bad one but you may encourage them by engaging with them.

If they do take court action, their particulars of claim should state what this is and this is likely to be something that you already did a cca request on, and so is unenforceable until they comply.. So you could ask for the claim to be stayed. OFT 1272 still seems to be available online and explains the law in the 'plain English' section as follows:

What does unenforceable mean?
This does not mean your debt is wiped out. You still owe the money, and if you don't pay you can be charged interest on what you owe, be charged for not paying (these are called default charges) and it could affect your credit record.
But if you haven't been given the information, they cannot:
• make you pay off your debt before you're supposed to
• get a court judgment against you
• take back anything you've hired or bought on credit, or take anything you
used as security (like your house) when you took out the agreement.
However, they can still:
• ask you to pay what you owe
• send you a letter called a default notice if you miss any payments
• pass your information on to a credit reference agency, which might affect
your credit record
• pass your information on to a debt collector
• sell your debt to someone else
• take your case to court, although they won't be able to get a court judgment
against you unless they give you the information you're entitled to.
Helpful tips
• You can't be asked to pay more than £1, so make sure you don't pay more.
• If your case is taken to court, you can ask the court not to go any further
(called a stay of proceedings) until you get the information you entitled to.

CKhalvashi

fatbelly wrote: »

Well all sorts of things may happen.

Although it seems that without the correct paperwork, they probably won't.

It's exactly the same as I may be about to drink a coffee, but at the same time, I may just allow it to go cold, then throw it away.

CK

Ames

Sorry everyone, I thought I'd replied saying thanks to everyone for their advice on this thread. I really appreciate you taking the time to answer, and I hope you don't mind me asking a couple more questions.

I've just left it so far, but I've had a follow up letter from the solicitors. More worrying, I've had a 'statement' from Cabot, which shows them adding around £10 a month fees for non payment. Can they do that? As far as I'm aware I have no agreement with them. Also, will it affect the debt becoming statute barred?

fatbelly

Ames wrote: »

Today I've got a letter from Drydensfairfax solicitors saying that they're acting on behalf of Cabot. If I don't contact by May 23rd they may take action.


I've no idea what the debt is for, I defaulted on quite a few back then (due to illness and being on benefits and unable to pay). The amount they're asking (1.2k or thereabouts) doesn't correspond to any of the amounts outstanding on debts when I defaulted. It doesn't say who the original creditor was, or what type of debt it was, just that I owe it to Cabot.

So they didn't start court action then.

Does the latest correspondence identify what this is?

harveybobbles

Ignore these goons.

Not real solicitors. Just a DCA using their headed paper.

As for your credit report, sign up to TopCashBack and get PAID to see YOUR credit report, BUT REMEMBER TO CANCEL

Ames

fatbelly wrote: »

So they didn't start court action then.

Does the latest correspondence identify what this is?

The statement from Cabot says it's for a Barclaycard credit card.

I was wrong about the fees, it's interest they're adding.

It says:

'This is your statement for your agreement with us covering 1st November 2013 until 30th April 2014. Please note that it is important that you make the minimum monthly repayments to avoid your account entering into arrears'.

There's also a notice of arrears letter with it.

harveybobbles wrote: »

Ignore these goons.

Not real solicitors. Just a DCA using their headed paper.

As for your credit report, sign up to TopCashBack and get PAID to see YOUR credit report, BUT REMEMBER TO CANCEL

I used my free cashback chance a couple of years ago, so sadly I have to pay now.

Thanks again for all your help and advice.

Ames

I've just signed up to Noddle and found this account. It's listed as default date November 2008, but has defaults against it every month. It should still drop off my credit file in November though, right?

If so I might just ignore the random requests for money rather than engaging by sending a prove it letter.

And then sign up for a law degree, get a copy of the phonebook and start sending random requests for money out to strangers...

fatbelly

Yes it will drop off your file in November.

If they do go for court action, the ccj stays on your record for 6 years from the date of judgement, if it's granted.

If it shows a default as Nov 2008, then that would infer (this is not guaranteed) that you stopped making the payments in May-Aug 2008. If you haven't acknowledged it subsequently, then it could already be SB.

I'd definitely leave it alone for now.