Cabot/Welcome finance- is it statute barred?

[Les.H]

I had a loan originally from Welcome finance some 10 or 12 years ago for an amount I cannot even remember, but approx £1500.

 

I was making the normal payments until I got into financial difficulty and they let me pay a small amount of £20 a month

and they said interest would be frozen.

 

 

Some time later I moved house but continued to pay the £20 per month, right up until I changed banks and the direct debit was not set up again.

 

I have now started getting letters from Cabot demanding over £4500 for the debt.

 

Looking back on old bank statements I found that the last payment to Welcome was made on 17th June 2009

which means that I am a few weeks short of statute barred.

 

The latest letter I got from Cabot was telling me that they are going to instruct their solicitors to commence court action.

 

Should I still send an SB letter?

 

Can anyone advise me what to do.

[Sidewinder]

Have you ever asked for a CCA? That might be a better first option. Basically send them a 'prove it' letter clearly stating that you do not acknowledge the debt and ask for a copy of the credit agreement with a £1 postal order - also stating that the £1 is payment for the statutory fee to provide the agreement and is NOT a payment against the alleged debt.

 

If you send a SB letter the first thing they will do is to check dates and this might prompt them to issue a claim sooner than they otherwise would. If the last payment was as stated then you are at least three weeks or more away from being clear. You need to keep stalling for a while longer - especially as there is some dispute as to when the SB clock starts ticking and the DCA may be prepared to take a chance on being in time.

 

You say that Crapbot are threatening that they will instruct solicitors - is that a case of they WILL do so, or that they MAY do so?

[dx100uk]

then its not statute barred

 

 

CCA request to crapbot

 

 

I'd get an sar off to welcome finance too

 

 

theres bound to be heeps of PENALTY charges [late/over/letter/phonecall]

and ofcourse PPI etc etc

 

 

all can be reclaimed

 

 

it sounds like they might have done a re write

and I bet the agreement they then made was never signed by you

but by a member of the welcome staff.

 

 

I've moved you to the welcome finance forum

 

 

lots to read here.

[mikeymack2002]

CCA to welcome then wait, Cabot play daft beggars often, a well known trait of theirs. As is making you wait 40 days for a response to the CCA too.

 

 

With less than a few weeks before being SB you will need to be aware that if Cabot issue a claim against you always defend it. Also this will pause the SB clock as well..

[Les.H]

Thanks so much for your help guys. I will get a CCA off straight away. Also as dx100uk advised,an SAR to welcome.

[Les.H]

Since sending CCA to cabot along with the £1 postal order,which they received on 1/6/15, the 12 days have past with no response.

However I recieved a letter from their solicitors saying they are going to start court proceedings.

What should I do, a prove it letter, statute barred?

Any help gravely appreciated.

[Bazooka Boo]

Who have you received the letter from?

Can you scan and post it up suitably redacted of course?

 

Does it say WILL or does it say MAY?

[dx100uk]

willy waving.

 

 

dx

[Bazooka Boo]

[Les.H]

Who have you received the letter from?

Can you scan and post it up suitably redacted of course?

 

Does it say WILL or does it say MAY?

 

It's from Mortimer Clarke solicitors.

Here is the letter :

Edited June 17, 2015 by dx100uk
link removed

[dx100uk]

removed link as your name is on the folder

 

 

PDF it and post it up here

 

 

follow the UPLOAD

[Les.H]

Here is the letter

Edited June 18, 2015 by Les.H

[havinastella]

Did you get the SAR sent off?

[dx100uk]

yep def willy waving

 

 

dx

[Les.H]

Did you get the SAR sent off?

 

No not yet, I was more concerned with getting this sorted out and to stop them taking further action.

I really dont know what to do now as Cabot has ignored the CCA request. Should I send another CCA to cabot or mortimer, and when would it become statute barred?

[AndyOrch]

Cutting it close on the Statute Barred option ...couple of months to go yet...I would respond by stating that their client is in default of your section 77 request and pursuant to s77 of the CCA1974 until such time they are able to comply with this request they are not able to enforce or request any relief in connection to this account.Any intended claim will be defended vigorously and costs will be claimed.

 

That should delay it for a couple of months until it is safe to use the SB argument.

 

Regards

 

Andy

[Les.H]

Cutting it close on the Statute Barred option ...couple of months to go yet...I would respond by stating that their client is in default of your section 77 request and pursuant to s77 of the CCA1974 until such time they are able to comply with this request they are not able to enforce or request any relief in connection to this account.Any intended claim will be defended vigorously and costs will be claimed.

 

That should delay it for a couple of months until it is safe to use the SB argument.

 

Regards

 

Andy

Thanks very much, will give that a go.

[dx100uk]

sar to welcome too

I bet theres more to reclaim than you owe

 

 

was this the only loan too or was there one before or did this get a re-write if you advised the of 'difficulties'?

 

 

dx

[Les.H]

sar to welcome too

I bet theres more to reclaim than you owe

 

 

was this the only loan too or was there one before or did this get a re-write if you advised the of 'difficulties'?

 

 

dx

 

This was the only loan, and I will definitely get SAR off to welcome.