Cabot on 6years Plus Debt

poppasmurf_bewdley

Bottom feeder debt collection agents buy many thousands of these debts every week knowing full well that they are statute barred. They buy them so cheaply simply because of that fact.

They know the debts are statute barred but hope you do not, and that you will be frightened into paying up.

Keep up telling them, and they will soon leave you alone.

Gordon_Hose

If you must make a final statement along the lines of; Any further correspondence will be classed as harassment which can be discussed in court where you suggest they take you as that is the only way you are willing to sort it out. In front of a judge, if needs be.

Then ignore them completely.

Evil_Ferret

Thanks for the help so far, the plot thickens again.

I sent Restons a copy of the letter i sent Cabot as to not reset the 21days they have to prove it is not statute Barred.
The same day i sent Restons the letter i got a letter from Cabot saying they have the letter and the matter is on hold. However today i got a letter from Restons saying if i dont pay by the 01/02/2016 then they will take me to court however Cabot only have until 02/02/2016 to provide proof this debt is still valid.

Do i need to sent another letter to Restons ? of Cabot saying they are checking the account and its on hold.

fatbelly

You don't need to send another letter - you've made your position clear.

Restons will be instructed by Cabot, not taking the initiative on court action themselves. So if Cabot say it's on hold it probably is.

Evil_Ferret

Hi

Thank you so much for your help so far.

I had a letter back stating that although I may not have made acknowledge or payment in over 6 years they will only go off the default day which takes the debt to valid in sep of this year.

How do I respond to this. As I thought it went from the last payment date?

National_Debtline

Hi Evil_Ferret


The six-year "clock" starts ticking when the lender is first entitled to take action to recover its debt. For most simple contract debts, such as credit cards and loans, this will be after one or two missed payments. It doesn't matter if the creditor takes a lot longer than that to actually mark the account as being in default.


What Restons/Cabot have said in their response is a very common tactic. At this stage it is up to you how to proceed - you could elect to sit tight on the basis that they have not successfully countered or refuted your Limitations Act defence. They will then have to decide whether they believe their own argument strongly enough to sue you for the debt.


Dennis
@natdebtline

Evil_Ferret

Thanks Dennis. Do I need to send another letter as the debt is way over 6 years. Sorry but I am not very intelligent. I only got into this mess because of the ex wife. I do want them to leave me alone as its stirring up a extremely bad time.

sourcrates

Evil_Ferret wrote: »

Thanks Dennis. Do I need to send another letter as the debt is way over 6 years. Sorry but I am not very intelligent. I only got into this mess because of the ex wife. I do want them to leave me alone as its stirring up a extremely bad time.

As the others have said, you've made your position clear, it's up to them to risk taking it further, wait and see what they do.

National_Debtline

Evil_Ferret wrote: »

Thanks Dennis. Do I need to send another letter as the debt is way over 6 years. Sorry but I am not very intelligent. I only got into this mess because of the ex wife. I do want them to leave me alone as its stirring up a extremely bad time.

Personally, I would sit tight at this stage. Writing further letters will probably just encourage them to do likewise in return.


Dennis
@natdebtline

fatbelly

Probably not worth getting into a legal argument with them about the irrelevance of the default date at this stage.

CAB and National Debtline are very clear that the default date does not constitute the cause of action on simple contracts and there is plenty of case law to back that up, should you need it.