Cabot - wanting more!

bodybag_2

I got a letter today, stating that the debt is unenforceable as they can't find the original documents from the lender..but may find it at a later date.

What shall I do? Continue with the small payment or tell them to go away...

RAS

Stop paying.

If they don't find it some time in the next 6 years, it become statute barred as well.

bodybag_2

Thanks for the quick reply...I will do this 

DisabledDan

bodybag_2 said:

Hi 

I have been paying a debt to cabot, for many years.  The debt is probably 12 to 13 years old. 

The debt has passed through many debt collectors in that time, however recently cabot have sent me letters asking me to increase the monthly payments, which I admit is not a great deal.

The letters are increasing, I'm getting 1 or 2 a month now, and honestly I just throw them in the waste. My question is can they take me to court over this? The letters are not saying they will, however they are saying they May send an agent - I'm not too bothered about that, I know they have no powers.

I'm making regular payments, and to be honest I'll prob die before the debt is paid off....i have had letters from them in the past asking me to make a final offer...and I did make a cheeky one of 100, which was ignored....oh and I didn't get a CCJ for this.

Thanks in advance for your replies!

I wonder how many people read that about being passed around many different companies, it seems they all had a crack at me.

Just to add that there is another option, which is whether the debt ever had a period of 6 years where you did not make any payment or acknowledge the debt, after it being defaulted.  If that is the case then they will be statute barred. 

Once you have your reply you can look into whether the debt was statute barred, if it was and they enforced it them make a complaint to the Financial Ombudsman for them to repay you as they will have had no right to enforce the debt. 

The new FCA consumer duty is also a drum to beat if they are behaving outside Conc regulations, it can't be in your interest to pay a debt that you are not obliged to pay.

Rob5342

bodybag_2 said:

I got a letter today, stating that the debt is unenforceable as they can't find the original documents from the lender..but may find it at a later date

Even if they know for certain that it's not possible to produce it they will still say they may find it to try and fool people into making payments.

stu12345_2

let me summarise what debt company PRA wrote to me last month. your debt is currently unenforceable as we do not have all the relevant paperwork. the debt is still legally owed , but we cannot take you to court to pursue it. we will put your account on hold and will not contact you. we can update your credit report where required.
 if the original creditor supplies the necessary paperwork , then the debt will become enforceable and we will then write to you.

basically I give them nothing and that is the way it will be at present.

bodybag_2

Thanks for the replies, I got another letter today offering me a 75% discount, they have mentioned again the account is unenforceable.

Think I'll hold out...

RAS

I think the only response might be a formal letter of complaint about them chasing a debt they know is unenforceable.

RAS

@Louthom Might be best to start a new thread as your circumstances are different to the OP. The red circle in the righthand corner. No CCJ?