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So Cabot have simply taken the date a DN was supposedly issued and recorded that as the date of default? Unbelievable.

 

Just call the OFT for the email.

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This is the only one I have enquiries@oft.gsi.gov.uk

 

IMO, as this has been going on for far too long and they clearly are never going to go anywhere near a court or take any legal recovery action against you, I would stop playing the game of letter tennis, each and every time they send you one of their puerile missives full of lies, untruths and misinformation simply lodge another formal complaint with the OFT&TS.

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This is now the situation. TS were not much help and consumerdirect said even though cabot are in breach of the Administration of Jusice Act they do not get involved with individual cases.

 

In the meantime I am being bombarded with letters from cabot who I received a letter from yesterday saying they would pass the debt to an external debt collector. They are still insisting that statue barred runs from the date a deafault notice was issued I am getting so many letters it is now bordering on harrassment. And I am not sure what to do next.

 

This what they have now sent me.

 

We would advise you that we have set our position clearly and we re-iterate to you that the limitation period runs from the default date. Since your account defaulted on 28 April 2006, your account will not go statute barred until 28 April 2012.

 

We would also like to add that if someone has informed you that statue barred runs from the last payment then whoever is giving you that information is wrong.

 

We can also advise you that we have now escalated your account within our collections process.

 

We trust this clarifies the matter.

 

Yours sincerely

 

Cabot Financial

 

They are quite simply wrong. DonkeyB has already posted up the Swansea City Council -v- Glass [1992] reference.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Simple as that.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

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  • 1 month later...

Cabot have recently passed the debt to clarity. I sent them a statue b arred letter and in return they have written and said they have closed the file and sent it back to cabot. Does this mean that cabot will now pass it on to someone else?

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Cabot have recently passed the debt to clarity. I sent them a statue b arred letter and in return they have written and said they have closed the file and sent it back to cabot. Does this mean that cabot will now pass it on to someone else?

 

Possibly, just send the stat barred letter as soon as they contact you.

 

S.

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They shouldn't do but they well. If they do complain to Trading Standards via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

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back on the phishing list

waiting forthe next dca to buy the debt and try.

 

best bet is to not respond

 

your bug off letter will not be recorded on the phishing list

just a marker that you responded.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

as in 183 its started

 

dx

time to ignore them

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yep agreed, send them the SB letter and then complain to the OFT&TS via consumer direct, if any other clown chases this, ignore them and just complain to the OFT/TS.

Keep an eye on your CRF and if they are so foolish as to leave any false data on their then issue them with a claim for damages in court.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

Following a statue barred letter to ruthbridge. I then got a letter from clarity I sent them a SB letter and now cabot have instructed Scottcall so a SB letter has gone to them. I am not sure how to get cabot to stop.

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this has been going on since 207

 

the more you fire off letters the more they think they can spoof you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yep agreed, send them the SB letter and then complain to the OFT&TS via consumer direct, if any other clown chases this, ignore them and just complain to the OFT/TS.

Keep an eye on your CRF and if they are so foolish as to leave any false data on their then issue them with a claim for damages in court.

 

As said above complain to TS and OFT - and letter of complaint to Cabot mentioning that you have done this

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this has been going on since 207

 

the more you fire off letters the more they think they can spoof you.

 

dx

 

Agree

 

As said above complain to TS and OFT - and letter of complaint to Cabot mentioning that you have done this

 

Also agree

 

My instinct would be to ignore their demands (obviously complain). Cabot are taking the pi**. If they were going to do court, they would have done so by now

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