Cabot on 6years Plus Debt

Evil_Ferret

Hi

Dec 27th 2015 MArked the 6 Year anniversary my ex wife left me and drained every fund i had. She took over all my money in the summer 2009 i never saw a penny.

I had bit of a break down as my entire life was upside down, as the bank/everybody accommodated her and left me homeless miles from home.

I ain't the brightest person but i have managed to rebuild and now i have letters from Cabot Financial demanding payment on all the debts from over 6 years ago which i had forgotten all about possibly didn't know about.

The letter advises that the account is now passed to Mortimer Clarke Solicitors.

What is the best way to deal with this, as i really don't know what to do as the debt is over 6 years old now all of them are and i have never acknowledged any of it as most of it i didn't know about.


Please help as i am literally just above water as it is without all this being added on.

sourcrates

Evil_Ferret wrote: »

What is the best way to deal with this, as i really don't know what to do as the debt is over 6 years old now all of them are and i have never acknowledged any of it as most of it i didn't know about.

Please help as i am literally just above water as it is without all this being added on.

Hi Ferret,

If what you say is correct, and there hasn't been any payment, or written acknowledgement by you, in six years, then most likely all the accounts should be statute barred, unless any of them have already been to court.

The law covering this matter is the "Limitations act 1980".
Basically a creditor cant chase you forever, they have six years to collect payment from you (ten for mortgage shortfalls), after this time, they can still ask you to pay, but are prevented from taking legal action against you to enforce the agreement.

Which, in a nutshell, means you wont have to pay it.

Template letter here, a copy of which, you should send to each creditor :


http://1534-presscdn-0-63.pagely.netdna-cdn.com/wp-content/uploads/Statute-barred-template-letter1.pdf

Evil_Ferret

My Ex wife was a bit on the abusive side she controlled everything

WHen i turned up on the doorstep after walking from Manchester to Cardiff i was about 7 stone. and not in a good way.

I will try the letter as 100% nothing has been paid/ Phone call answered/ acknowledged in anyway shape or form.

When i was rebuilding i opened a new bank account and the last 6 years have been nothing but traceable payments due to child support. As i heard they make fake payments on accounts.

I will report back with what they reply with.....

sourcrates

Evil_Ferret wrote: »

When i was rebuilding i opened a new bank account and the last 6 years have been nothing but traceable payments due to child support. As i heard they make fake payments on accounts.

I will report back with what they reply with.....

Its common for a creditor to "invent" a payment, but these can easily be challenged if they do resort to those kind of tactics.


Keep us updated, or if you need further help, just ask.

Evil_Ferret

Printed out and sent special delivery.

Hope this is the end of that part of my life.

I will post what they come back with as the mortimer people sent a letter with a ton of forms asking what I spent on milk and bread each month. However I had been getting letters from Lloyds bank and it turned out I over paid a loan 18yrs go and with 18years interest they are refunding me £40. So that will be a help with all the letters and special delivery costs.

Evil_Ferret

OK Cabot totally ignored my statute barred letter even tho I sent it special delivery and have a copy of the signature so I know they recieved it and have now pushed the debt through to restons solicitors. Do I also send them a statue barred letter as the date of the letter was after I sent the original?

nottoolate

yes copy to restons

Evil_Ferret

Do I need to state I also sent one to Cabot before they sent it there?

Evil_Ferret

Basically do I date it for the 21 days from the first letter I sent.

fatbelly

I'd just send the same letter to Restons. Today's date.

But I would not enter into a long correspondence about this.

You say it's statute barred.

They'll say it isn't.

Stalemate, unless they want to risk their money on a court claim.

Evil_Ferret

Well Cabot sent the letter 2 days after they recieved my letter.