VERY NASTY Letter From Cabot For Unenforceable Debt

Want2BeDebtFree

Hi Guys.

So, I am now nearly 2 years down the line with CABOT and this unenforceable debt of £2.7K. I've already had the letter from them in writing stating the debt is UNENFORCEABLE as of March 2018, and that they

"are NOT permitted to obtain a judgement or decree against me in court". However I do receive letters from them each and every month. And this months letter is VERY threatening & scary: (QUOTE) - "This could involve an agent visiting your property to discuss the situation if you don't respond within 9 days. If I actually "RESPOND" to this letter in 9 days, then it breaks my 18 month "no contact" with CABOT, and then my "Six Year Statute Barred No Reply / No Contact / No Acknowledgement" of the debt would begin all over again as of Oct 2019... So I don't want to **acknowledge** the letter unless I truly have to. I wrote to them last in March 2018 advising I would cease all payments from that date, and allow the debt to go Stature Barred in six years time, as they cannot find the contract. The letter was sent signed for delivery.

However, if a debt collector DOES indeed come to my door, what am I to do? I am very worried? And also -- could CABOT stick on any more charges to my account for Debt Collectors Fees?

I should also add that the default on this debt was more than six years ago and no longer appears on my credit file. I have nothing in default on my credit file any longer and can now get credit cards again... And HAVE indeed got new credit cards this year.

Thanks in advance guys...

foxtrotoscar_2

Paying what you owe would solve the problem.

Want2BeDebtFree

I have been down that road! I made them a "Full & Final Settlement Offer" in Feb 2018 which was turned down. It was then discovered in March 2018 that the debt was UNENFORCEABLE. Plus, the debt is ALL made up of Interest to the credit card company. It IS NOT luxury goods! They were charging me £200 to £300 pounds per month interest back in the early 2000's

Willing2Learn

Have you sent Cabot a letter stating that the account is statute barred?

https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx
or
choose the appropriate letter from the MSE sticky thread:
https://forums.moneysavingexpert.com/discussion/6027755/statute-barred-debts-and-the-limitation-act

sourcrates

Hi,

Calm yourself down, no they cannot add further charges once an account defaults.

I believe its scotcall/resolvecall that Cabot use as doorstep collection agents, although I could be wrong, however, they are just self employed people who get paid by results, which is why they can get shirty if you ignore them, but that is the best advice to give you, look on youtube, most people just film them on their phones, they don`t like that and soon disapear,

Cabots 9 day timeframe is meaningless, don`t engage with them, they have admitted its unenforcable, and are trying a last ditch attempt to scare you into paying by threatening doorstep agents as they cant threaten you with legal action, its laughable.

If the debt is statute barred as well, then send the letter linked too above, 99% of the time debt collectors letters are all bluff, you can also edit the letter to say that you have removed the right of implied access to your property, so any trespassers will be reported to the police.

Karonher

As the 6 years are not up you still owe the money regardless of whether or not it can go to court. Do you want another few years of contact? If not why not come to an arrangement to pay it off?

As for threatening and scary I am not sure about that. They have said someone will visit your property and they do have the right to try and collect the money.

I don't understand why you are complaining about the debt being charges as long as they are legal ones added as a result of the way you ran the account.

Want2BeDebtFree

Hi Sourcrates, Thanks once again for your amazing advice, which I respect so greatly, and you have put my mind at rest many many times during this 2 year journey... (I was hoping bigtime you'd reply)

Can you tell me; is a debt statute barred, if it has dropped off my credit file? [Or] Is there any other way of finding out if (or when) a debt is [or was made] statute barred?. Cos I would just LOVE to know if this is Statute Barred or not??

The reason I ask is because I was still paying this debt (monthly) in Feb 2018 via installments as recently as March 2018, but then advised CABOT via [signed for] letter that as the debt was now unenforceable I would be stopping/ceasing ALL PAYMENTS forthwith for 6 years till 2024 when it would supposedly become Statute Barred.

Thanks in advance, once more.

PS... I LOVE the notion of filming the Debt Collectors at my door!!!! And if that happens I will have my phone ready and waiting for them to film them!!!

Willing2Learn

Unsecured debts, including most loans, credit cards, catalogues and overdrafts will normally be statute-barred in England and Wales if you can say YES to all the following four points:

• it had been more than six years since you last made a payment; and
• the creditor has a cause of action more than six years ago; and
• you haven’t acknowledged the debt in writing during this time; and
• the creditor hasn’t already gone to court for a CCJ.

The 'cause of action' should be the date of default.

Since you have been paying toward the account up to March 2018, then I believe the SB date would be March 2024.

You can still be chased for a debt that is unenforceable, just not through the courts.

sourcrates

WTL has covered that angle for you above, so unfortunatly its not SB, but it is Unenforcable, I remember from your previous posts the trouble you have had in the past, I have found when dealing with companies such as Cabot, its best to just be blunt with them.

I would write and tell them that as they themselves have deemed this account to be unenforcable, you have more pressing debts that are enforcable to be dealing with, and therefore you have taken the decision not to pay any further sums to this account, please update your records and do not contact me again in regard to this matter.

Karonher

I know this is not helping the OP but is just for my information. Can you just write to someone who has the legal right to ask for the money not to contact you and expect them to stop? They will know as well as everyone else that the money is still owed albeit not enforceable.

Willing2Learn

Karonher wrote: »

I know this is not helping the OP but is just for my information. Can you just write to someone who has the legal right to ask for the money not to contact you and expect them to stop? They will know as well as everyone else that the money is still owed albeit not enforceable.

They can still chase the account. The account is still due but simply cannot be enforced through the courts. The creditor should not send out misleading letters threatening court action or other enforcement of the debt or imply that the debt is enforceable when it is not. They can send you a statement showing the outstanding balance due. They can send a simple letter requesting payment.