The old Statute Barred dilemna Cabot Chasing

[Ho Chi Min]

Hi

 

Can someone clarify if one should or should not send the SB letter before receiving a claim form. There appears to be some disagreement over which course of action to take.

 

I have received a 'nice' letter asking me to start talking to them about repaying a debt that I last acknowledged at least 8 years ago.

[BankFodder]

Yes, is not a bad idea to put them on notice that it is statute barred and that now that they are on notice, if they continue any action then they will be breaking the FCA CONC rules and that you will bring it to the notice of the FCA. Tell them furthermore that if they do decide to start an action that not only will you defend on the basis that it is statute barred but also you will bring their breach of the FCA statutory regulations to the notice of the court.

[dx100uk]

but the letter is not from BT?

[Ho Chi Min]

but the letter is not from BT?

 

BT??????

[dx100uk]

yea why did I think that

must have previously read another thread

 

 

ok so whose the fleecer writing

and what the debt all about

and why are you sure its SB'd?

 

 

you do realise in E&W they can ask for payment

as even if SB'd the debt atill exists

just that they cant enforce through court or threaten court

[AndyOrch]

Only send the letter if you are 1000% sure its Statute Barred otherwise you may just prompt them into actually issuing a claim form..dont poke the bear unless your sure.

 

 

Which DCA has contacted you ?...we have a good idea which litigate and which dont.

 

Andy

[Ho Chi Min]

It's Cabot

 

I'm 110% sure. I've lived at my current address for 6 1/2 years, the previous one for a year, and I stopped paying the previous DCA at least a year before that.

[AndyOrch]

Okay as per post# 2 above...but be prepared to get into letter tennis...they will swear blind its not SB.

[Ho Chi Min]

Okay as per post# 2 above...but be prepared to get into letter tennis...they will swear blind its not SB.

 

Well that should be interesting. The previous DCA gave up when they couldn't provide any documentation whatsoever, no agreement, no default, no accounts, nothing.

[AndyOrch]

But this is Cabot...

[ericsbrother]

the debt is still due to whoever owns it but they cannot enforce its payment nor can they harass you to remind you about it. That means Cabot should not be saying or doing anything once you have told them it is SB and to refer it back to the originator.

[Ho Chi Min]

....and today they confirmed they are closing the account with no further action.

[renegadeimp]

Push and make sure that the account will not be sold on. Cabot won't let it go without selling it on