help with Cabot asking for an Associates account 'debt'

[dazza1011]

apologies if i have posted in the wrong forum but im new

 

my wife has recently started receiving letters from Cabot Financial asking for payment for a debt ( the original lender is Associated Capital Corp and it is a classic account:confused: ) but she has no knowledge of the debt. ( we suspect it may have been taken out by her first husband who was a smackhead ).

 

well the other week she talked on the phone and agreed to make some payments but i said that if she didnt run up the debt why should she pay. she sent a letter asking for details of the account but has received no reply ( it wasn't sent via recorded delivery ).

 

so i have decided to take some action, what im basically asking is which letter should be sent and where should i go from here.

 

i have had a look at the letter templates but im unsure which one to pick.

 

this debt must be over 6 years old at least as we have been together for 6 years.

 

thanks for any help

 

daz

[havinastella]

Hi and welcome to CAG.

 

Send this one.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

 

And if they send a load or rubbish back, send this one

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

 

JOgs

[dazza1011]

cheers for the help

 

it says in the letter that ' The last payment of this alleged debt was made over six years ago ' but we have not made any payments ( infact i would be surprised if any payments were made at all ) does this matter ?

[babybear39]

cheers for the help

 

it says in the letter that ' The last payment of this alleged debt was made over six years ago ' but we have not made any payments ( infact i would be surprised if any payments were made at all ) does this matter ?

 

Can you scan and post the letter please? And also confirm that you have made no payment or written acknowledgement to the alleged account in the last 6 years.

Edited June 1, 2009 by babybear39
made for ease of reading

[make them aktiv runners]

Not really. If you are unhappy, you can always change it to something like "no payments have been made within the last 6 years".

[dazza1011]

Can you scan and post the letter please? And also confirm that you have made no payment or written acknowledgement to the alleged account in the last 6 years.

 

i think ive confused you

i was talking about the letter template as refered by the second poster which reads " The last payment of this alleged debt was made over six years ago " but i shall alter to read " no payment or written acknowledgement to the alleged account in the last 6 years "

 

thanks for the prompt replies guys ( or girls )

[dazza1011]

i have now found out that the wife has made a payment just the other week but did not admit that the debt was hers ( they threatened her with the baliffs etc )

 

Do we have any other way of not paying this debt or are we stuck with it.

 

all help appreciated

[NailPost]

Cabot must prove the debt is hers, it isn't up to her to prove it isn't. Cabot must be able to provide documentary proof this debt exists on request. If they can't then there's no debt to chase. Unless they can put up they should shut up. You could even demand the money already paid back as it was obtained under false pretences.

[dazza1011]

is there a letter template for this ( asking for proof of the debt )

 

and is it the letter template N ?

[sam614]

i have now found out that the wife has made a payment just the other week but did not admit that the debt was hers ( they threatened her with the baliffs etc ) if there was a six year period of none payment before she payed the other week.

it is still statute barred,no amount of payments re start the clock

 

Do we have any other way of not paying this debt or are we stuck with it.

 

 

all help appreciated

SAM:pLOWELL DETESTER

[dazza1011]

SAM:pLOWELL DETESTER

what does that mean

 

cheers for info though, regarding not restarting clock

[sam614]

what does that mean

 

cheers for info though, regarding not restarting clock

 

what does what mean ?

SAM:pLOWELL DETESTER

[dazza1011]

what does what mean ?

SAM:pLOWELL DETESTER

 

oh i see its your sig

[Blondmusic]

This debt is Statute barred. Send them the letter by recorded delivery and don't sign it. They will get the message sooner or later.

[sam614]

oh i see

yes not too fond of the lowlifes.

SAM:pLOWELL DETESTER

[42man]

Once you state that you have no intention of paying towards a debt that is statute barred they CANNOT continue to harrass you. And even if you had made a payment recently as long as there is a gap of 6 years (5 in Scotland) anywhere in the life of the debt then nothing can stop it becoming unbarred......once you send the statute barred letter (send recorded) and they continue to harrass, then you report them to the OFT...

[dazza1011]

thanks for all the advice we shall see how things turn out

[dazza1011]

well ive copied the letter but made some adjustments to counter the fact that the wife made some payments is this ok i've highlighted what has been altered.

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

There has been 2 payments made to this alleged debt and I feel I was pressurised into paying this by false information given by your representative but prior to that no payments were made in the last six years and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

should i also send a letter asking for the CCA just to back myself up ?

[2Grumpy]

Alternatively you could tell them that you know that the debt is not yours, you only made the payments because they bullied you over the phone with threats of bailiffs, and to refund the money that you paid & disappear otherwise you will be contacting Trading Standards & the OFT

[dazza1011]

Following on from my previous thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/202380-help-cabot-asking-unknown.html

 

( thanks to everyone that helped me ) Cabot have now find another alleged account that they say is my wifes.

 

yet again it is for a Vanquis classic card ( how many can one person take out :?) but this time after they have rung numerous times we have told them to contact us via mail.

 

we have now received 4 letters in 2 days:D

 

Letter 1 welcomes me to Cabot ( i never wanted to enter:D ) and says the wife owes £306.05

 

letter 2 says they have been unable to contact us via phone ( because we asked them not to ) and says the wife owes £306.05

 

letter 3 says that they would really prefer to discuss our account over the phone but agree to our letter request as long as we fill a budget form in within 28 days or they will resume to telephone procedure using any number available to us and says the wife owes £306.24 ( the amount owed has gone up )

 

and letter 4 threatens us with an external debt collection agency or court action if we do not take any positive action OH!! and says the wife owes £288.74 ( i wonder if this carries on will the amount owing decrease with every letter:D)

 

any ideas on what to do ? i was going to go down the " statute barred " road but i also want to see proof of the CCA should i ask for this in a seperate letter or put this in one letter

 

cheers for all help

[clemma]

If it's definitely Statute Barred, then send that letter off to them. It'll get rid of them much quicker. I can understand you wanting to have a nosey at the CCA though.......

[NailPost]

Send the statute barred unless you can P-R-O-O-O-O-O-V-E otherwise letter. If they can't and the continue to harrass you then report them to all and sundry. Its the only treatment they deserve and the only one they understand.

[dazza1011]

cheers letter is going tomorrow

[Bazooka Boo]

Dear Crapbot,

After accusing my wife of spending money we never had, that you say she has spent, it resulted in a monumental argument, the neighbours all gathered round outside one of our bay windows, (we have 11 on the ground floor) unfortunately our hired security operatives were watching with them.

 

I did however note, out of the corner of my eye, our chauffeur had moved our stretched Humvee to allow some of the neighbours to sit on the roof to get a better view of me and the wife throwing the ming vases and Claude Monet paintings at each other.

 

The Police were eventually called and the Chief super (a personal friend of ours) suggested that one of us should leave to cool off, so whilst I arranged another garden party with chiefy baby, the wife left in the helicopter with our pilot, and I've not seen or heard from her since!

 

I can only hope that the money you claim she owes is not now going up her nose, as I do know she likes a little of our friend charly!

 

Toodlepip crapbot!