A letter asking (in a very aggressive way) for me to pay a Credit Card that had long since defualted

Grodney49

I recently applied for and got a decent(ish) mobile phone. I had to have a smartphone for banking and for anyone who has worked at Amazon, you will know that awful app that decides when you are allowed overtime and when you're allowed off etc. 
No sooner than I chanced my arm and got a decent contract phone I started getting letters for debts I'd had when I was Ill.
I'm not lying, I had a good job as a Warehouse foreman working 13-hour days meaning I was in overtime after starting on Friday, by Monday I was free for a week or I could work a couple of more 13-hour shifts and literally make 3 months money in one month and still have a full weekend off.
Life was good, I took out a credit card and decided the only other card I would have would be a debit card and an overdraft.
My life fell apart as I was at work and started vomiting an obscene amount of blood.
It turned out I had liver cirrhosis, burst varices (varicose veins in the stomach) that came close to killing me, and a few other conditions I won't explain with medical jargon here.
I lost pretty much everything and had to live hand to mouth. With three kids to feed as well, I felt like a letdown to my wife and a failure as a provider.
I did what a lot of men would do, I hid a lot of the bad health and used my savings as money I said were wages.
This lasted until I had a proper mental breakdown, and admitted everything (to my amazing wife) who helped me by looking after me at my worst and even went to work to provide.
Nearly 15 years later I am now getting these debt letters with one in particular. The Credit Card.
The debt is now owned by some vultures called Cabot Financial.
Now I don't know about these things but I'm not too stupid to work a computer and the one thing I keep hearing a lot is that if the debt is over 6 years old it is defaulted and can be in a state called "statute barred" meaning they can't do much legally ( I would pay it if I had the money but I am living hand to mouth after my physical and mental breakdown.)
Anyway, these letters are claiming they can send people round to my house. The kind of people who get things settled.
The house is in my wife's name yet they're also claiming they can pretty much walk in and take what they want.
I'm hoping someone can help me with the syntax of these letters and for anyone who knows what they have the power to do when the credit is in default.
P.S The Credit Card provider sent a very short email to me (I have not got in touch with Cabot yet) which simply says:

Dear Matthew

 

Thank you for your email. This account defaulted on 30/09/2016.

 

Kindly,

Vanquis Bank

Can anyone tell me what this means, please?
Sorry for the life story.

grumpy_codger

Ask experts on Debt-free wannabe  board. That's if you really want to know the answer. Otherwise just ignore the emails.

fatbelly

It means that, if you did not acknowledge the debt by payment or in writing after that date

And neither did anyone instructed by you as your agent

And no court claim was started

And you live in England or Wales

Then the debt became statute barred under the Limitation Act 1980 s5 on 1/10/22

RAS

Let's start with the basics.  Get all three credit records (for free) and just check in case there are any CCJs you don't know about. One favourite is to send the letter before action to an old address. Unlikely but do check.

There are a number of stickies at the top of the first page on the subforum. The bottom one has template letters. I'd suggest you start with the Prove-it letter unless there is a CCJ. 

Even if there is a CCJ, bailiffs are most unlikely. There are some companies that employ people to visit and they have as much power as next door's car, although I don't advise using a water pistol on them.

And even bailiffs can't allowed to enter through a locked door, or force entry.

It is of course a lot cheaper for these companies to programme their computer to send out letters suggesting consequences that might just happen, even if they are legally unlikely or impossible, and let the receivers' brains run riot. 

Grodney49

RAS said:

Let's start with the basics.  Get all three credit records (for free) and just check in case there are any CCJs you don't know about. One favourite is to send the letter before action to an old address. Unlikely but do check.

There are a number of stickies at the top of the first page on the subforum. The bottom one has template letters. I'd suggest you start with the Prove-it letter unless there is a CCJ. 

Even if there is a CCJ, bailiffs are most unlikely. There are some companies that employ people to visit and they have as much power as next door's car, although I don't advise using a water pistol on them.

And even bailiffs can't allowed to enter through a locked door, or force entry.

It is of course a lot cheaper for these companies to programme their computer to send out letters suggesting consequences that might just happen, even if they are legally unlikely or impossible, and let the receivers' brains run riot. 

Thank you. My banking app has a free TransUnion credit checker. And I've checked with Experian. There is no CCJ from Cabot at all.
I sent them a letter telling them they have made a mistake, as though I do not acknowledge any credit for that time, Vanquis have said it's been default since July 2019.

I can say with certainty that Cabot does not have a CCJ against me ( in the last 6 years as it is not showing on any credit check places. However, this is the email I got from them today:

I note you mention the account is nearly 10 years old, your account was issued a county court judgement in 25-05-2018. As a result of this, your debt will remain outstanding until paid.

So they are saying they have a CCJ, but it's now been over 6 years and not showing on any credit checks, but they can still send doormen etc.
Although Vanquis has said it was fully in default and has never seen a penny. Cabot is claiming they can do what they want.

I don't know what a prove-it letter is, but if anyone can link me to one I'd be grateful.
Thank you so much.
Grodney49

fatbelly

So you have no knowledge of a ccj issued May 2018 and of course it would no longer show on credit file or Register.

It would also be out of time to be enforced, except with specific court permission. In this case it is s24 of the Limitation Act that applies.

Strange they didn't mention this earlier. I wonder if they are lying. If you want to check you will need them to give you the court ref, then check with the court. 

Currently taking 34 working days to answer an email.

Grodney49

fatbelly said:

So you have no knowledge of a ccj issued May 2018 and of course it would no longer show on credit file or Register.

It would also be out of time to be enforced, except with specific court permission. In this case it is s24 of the Limitation Act that applies.

Strange they didn't mention this earlier. I wonder if they are lying. If you want to check you will need them to give you the court ref, then check with the court. 

Currently taking 34 working days to answer an email.

I gave you a thumbs up but an actual thank you seemed more appropriate.

RAS

More weasel words.

Crapquest refer to debts being unenforceable, but collectable. 

Cabot obviously prefer "outstanding until paid". Bl**ding obvious. If a debt hasn't been paid it is still outstanding. Which has nothing to do with whether it a statute barred, enforceable etc.