Cabot financial hassling me non stop

[emsibop]

I have an outstanding balance on a capital one card from years ago

 

. I was recently contacted by Cabot financial saying that they want to work out a repayment plan.

 

My partner said that as it was from years ago I should send a statue barred letter to Mortimer Clarke the solicitors working on behalf of Cabot.

 

Have been waiting weeks for a reply and a letter has come today from Cabot saying that I made a payment on 25th August 2011.

 

I honestly don't remember making this payment but now they say I have to repay the debt.

 

Is there anything more I can do?

 

The capital one debt is not on my credit file

do you think that Cabot will get this put on there?

 

I am working hard to rebuild my credit file after some stupid decisions from years ago.

 

Thank you in advance for any help

[obiter dictum]

The infamous Llowell/ sorry Cabot phantom payment

 

déjà vu

 

You maintain it is statute barred and the onus is on Cabot to prove it is not.

 

Ask them how this phantom payment was made, date, cheque, plastic etc.

 

What accoun number it was paid into and from what account number the payment originated from

[obiter dictum]

The Compliance Manager

Cabot.

 

Ref: as on their letter.

 

Dear Curr,

 

I am in receipt of your letter dated xx xx xxxx in which Cabot allege that I made a payment of XYZ to a debt originally owed to ORIGINAL CRDITOR, please note I do not acknowledge any debt to Cabot and refute the claim that any such payment was made by me.

 

Having now had the opportunity to research the Cabot group and its' dealing with Statute Bared debts and i find that it is not unusual for Cabot to allege that a ''payment'' has been made at some convenient point, I have also note that in a numerous case no unequivocal proof has been provided as to the origins of the alleged payments in view of this I must insist that Cabot provides unequivocal proof of:

 

1. The method of payment ie: Cheque, Postal Order, Bank Transfer, Debit/Credit Card Cash.

2. If a cheque payment was made Cabot MUST provide the name of the drawer, the name of the bank on which the cheque was drawn, the sort code of the bank, the cheque number, the account number, and nothing less is acceptable.

3. If a Bank Transfer was made detail as 2. Above must be provided.

4. If a postal order was used Cabot must provide the number of the order, the ID of the post office issuing the order, the signature on the order (if signed) the date the order was cashed.

5.If a debit or credit card payment was made Cabot must provide; The Name on the face of the card, the 16 digit card number, the 3 digit security number, the issuing bank ID, the type of card i.e.: Visa debit, Visa Credit, Master Card or other issuer.

6. If Cabot allege a cash payment was made to whom was the payment made.

 

I state formally that the alleged debt is statute barred and I will not be paying at any time.

 

You are reminded that the onus of unequivocal proof that the alleged debt is not statute barred lies entirely with Cabot, vague claims of alleged payments will not be accepted, and continued contact from Cabot will be treated as harassment and suitable action WILL be taken.

[emsibop]

Thank you I'm so worried I can hardly sleep. I keep thinking did I didn't I it's driving me crazy as 4 years ago is such a long time ago. I will send them the letter you have suggested and see what they come back with. Thank you again

[obiter dictum]

Do not worry

 

Phantom payments and statute barred debts are custom and practice with a couple of DCA

 

SEND RECORDED DELIVERY

 

Cabot have a habit of losing things if you know what i mean:-)

[SabreSheep]

No im sorry I would not send that letter.

 

I would hold that card if and when they issue court proceedings.

 

I would not engage in letter ping pong with them at all.

[obiter dictum]

Once that letter has been sent the onus is then on Cabot to prove it is not statute barred

 

If Cabot instigate litigation after receipt of that letter then they open themselves up to being a vexatious litigant and open themselves up to a wasted costs order

 

You do not have to enter into any further correspondents with Cabot after that letter has been sent and received by Cabot

[SabreSheep]

Again I disagree.

 

*IF* they initiate litigation after that letter then you have revealed your planned defense.

 

CAG do not advocate a non stop game of ping pong with DCAs

 

Ignore them unless you receive an N1 claim form.

[obiter dictum]

That is the decision the OP will take

 

The overriding objectives are to avoid a county court claim in the first place.

 

Even if a claim was issued Cabot will still have to substantiate a payment was made when at the case management stage to prove the account was not statute barred

 

Getting confirmation now or through CPR makes no difference as Cabot are actively chasing the debt at this time and are well known for being Litigious

Edited October 22, 2015 by obiter dictum

[Andyorch]

Once that letter has been sent the onus is then on Cabot to prove it is not statute barred.

 

No its not.... they do not have to prove anything as they have not litigated yet...and so the harassing will continue

 

If Cabot instigate litigation after receipt of that letter then they open themselves up to being a vexatious litigant and open themselves up to a wasted costs order ...Never seen it yet the court just dismisses the claim

 

You do not have to enter into any further correspondents with Cabot after that letter has been sent and received by Cabot

 

You dont have to anything anyway...with or without letter

 

Should the OP decide to use your letter...then they must be made aware that its not this Forums policy nor has that letter been approved or part of our Library

 

Regards

 

Andyorch

[obiter dictum]

That letter originates and approved from a past forum moderator so it does not originate from myself

 

If the site feels it to be inappropriate then might i suggest the forum moderators remove the source of that letter

[Andyorch]

Provide a source

[obiter dictum]

Brigadier

[Andyorch]

Brigadier

 

As above then.......not one of CAGs template letters or part of our Library.If you dont see it in our Library do not suggest to posters to use it.