Cabot Financial

[h8them]

Hi Guys,

 

I have been receiving letters and telephone calls from Cabot for the last few weeks. I had a barclaycard account about 8 years ago.

 

I went through a bad patch and missed a few payments, this lead to charges upon charges.

 

To cut a long story short they defaulted me.

 

Now my last payment was back towards the end of 2003 so I am guessing that it will soon be statued barred. Is there anyway to find out when the last payment was made

[debt4get]

yes you can send an sar letter this cost 10 quid but will give you all the information you need, failing that send them the statute barred letter and see what they come back with

[NailPost]

If Cabot ring again tell them to send you details of whatever it is they want from you. Tell them you want written proof of this debt and details of all payments made. Then write to them and tell them you will deal with them only in writing and any further telephone calls will be logged in case of a complaint of harrassment. That should tie the cretins up for a couple of weeks and by early New Year any payments made in 2003 would make the matter clearly statute barred - if probably is now - and you can tell them to naff off.

 

Cabot are currently shasing every single account in their cupboard. It matters not that they are unenforceable, there is a £6m loss to be turned around. You don't have to feel charitable towards them.

[ScabHunter]

If you are absolutely sure that you last made a payment in 2003 then I would personally not spend £10 on a Subject Access Request. The reasons are twofold -

 

1) It is only just over a month before you reach a point where the issue of when you made a payment in 2003 will be irrelevant, just as long as you are sure that it was 2003.

 

2) Sharklycard, in fact any part of the Sharklys organization, is not renowned for complying with Subject Access Requests. You will almost certainly have to waste more money beyond the £10 to get anything you need.

 

As for Crapbot, I strongly advise saying absolutely nothing to them on the telephone. Just follow the advice given in the BT Phone Book for dealing with nuisance calls.

 

If the telephone is an important part of your life, consider getting a trueCall. Not just for Crapbot, but for every other serial abuser of the telephone system.

 

As NailPost says, ask Crapbot for evidence of the alleged debt and details of any payments made towards it. I would definitely do this in writing.

 

Crapbot have been known to invent phantom payments and go to court even on statute barred debts. Have a read of this instructive thread -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/152289-cabot-say-debt-not.html

 

In your case, you have another layer of defence. You could send a request for your CCA under 78(1) of the CCA 1974, because a Sharklycard agreement from that era will not be enforceable. At least, I have never seen one that is.

 

What I would do is write to Crapbot demanding evidence of the alleged debt and payments made. If they only try to fiddle the books a little bit, by claiming you made a payment in 2004, I would send them the CCA request. Crapbot hardly ever respond to a CCA request within months, and this is a very old account with a provider which is notoriously bad at keeping records.

 

The chances are very strong that they will be over the six year limit, even of the time they allege a payment was made, before they come up with any paperwork. Whatever they do come up with is likely to be unenforceable even if it wasn't statute barred.

 

If they create a fictional payment out of nowhere in a more recent year, I would still send the CCA request. You would then have a situation where they would have to prove the fictional payment just to have a chance in court, and that chance would be severely diminished by the unenforceable CCA. Add on the fact that the penal charges will render the default notice inaccurate, and you would have a cast-iron case even if Crapbot could somehow CONvince the judge of your fictional payment.

 

Sometime in 2010, you will be able to hit them with the statute barred letter. Unless Crapbot are completely insane, that will be the end of the matter.

 

By the way, make sure that any letter which is sent to Crapbot is headed "I acknowledge no debt to your company, nor any company you purport to represent", or similar wording. Don't even give them a sniff of hope of a written acknowledgement.

 

SH

[hungrybear]

Hi Guys,

 

I have been receiving letters and telephone calls from Cabot for the last few weeks. I had a barclaycard account about 8 years ago.

 

I went through a bad patch and missed a few payments, this lead to charges upon charges.

 

To cut a long story short they defaulted me.

 

Now my last payment was back towards the end of 2003 so I am guessing that it will soon be statued barred. Is there anyway to find out when the last payment was made

 

As others have suggested, keep your mouth shut on this until January. Then in January or later is good, spin it out a bit more with a dont know what your on about letter followed by a cca request. That should spin it out until at least easter by which time they will have probably decided there is no agreement anyway. At which point you can then safely say thats ok 'cos its statute barred bye!

[NailPost]

This website is not about debt avoidance but stresses to all posters that any ****** debt collector who writes or calls demanding money from anyone must be made to provide all relevant documents upon request. If that is in order then a properly considered offer of repayment can be made.

 

Such actions serve to stress to ****** debt collectors that sticking to the letter fo the law is preferable to empty threas and hotair.

[hungrybear]

This website is not about debt avoidance but stresses to all posters that any ****** debt collector who writes or calls demanding money from anyone must be made to provide all relevant documents upon request. If that is in order then a properly considered offer of repayment can be made.

 

Such actions serve to stress to ****** debt collectors that sticking to the letter fo the law is preferable to empty threas and hotair.

 

not sure what you are getting at here

[h8them]

thank you everyone.

 

i have been getting a couple of letters a week and anywhere between 3 and 6 phone calls per day including saturdays.

 

i sent them a cca request back in august and still no response.

 

i think i will sit tight until january.

 

I have some problems with my mortgage lender that i really need to concentrate on at the moment

[ScabHunter]

thank you everyone.

 

i have been getting a couple of letters a week and anywhere between 3 and 6 phone calls per day including saturdays.

 

i sent them a cca request back in august and still no response.

 

i think i will sit tight until january.

 

I have some problems with my mortgage lender that i really need to concentrate on at the moment

 

If you have already sent the CCA request and they are in default of it you don't need to do anything. Hopefully, they will still be in default of it when the alleged debt goes statute barred.

 

If they aren't, it is almost certain that a Sharklycard agreement will be defective.

 

As for the telephone calls, get a trueCall if you can. If not, just pull the plug out of the wall or ride out a few weeks of giving them the silent treatment.

 

They are the ones in the desperate position, not you.

 

SH

[Huff&Puff]

You can also report them to Trading Standards and the OFT for chasing an alleged debt while it is in dispute. That sometimes makes them go away.

[h8them]

thanks again guys, i have stopped answering withheld number calls on my mobile. I will look into true call.

[ScabHunter]

trueCall only works with landlines and not cell phones.

 

We, or at least the people who use cell phones, need another solution.

 

SH

[h8them]

i have seen an application for my mobile it only costs a couple of pounds, i will give it a try