Scotcall - Cabot

[WILKINSS208]

Hi

I have a letter here saying they are calling for £381.81 - this debt is from 1996 - what do I do?

When I ring, they never ring me back

[Bailiffchaser]

Deny it . when was the last time you actually contacted them about it ? when you do state clearly that i am not acknowledging this debt. just enquiring. If your last contact was over 6 years ago it is stat barred. Write to them using the template from the templates section and see what they say.

[lookinforinfo]

Have a look at your credit file to see if a payment, default or ccj has been

registered on that account since 1996. Indeed, if no movement has occurred on your file since November 2000, then the debt is unenforceable in Law.The ball is in your court now.

You can totally ignore their letters etc safe in the knowledge that they can never take you to Court, so they are completely wasting their time.. Or you

can go to the "sticky" part of this section and send them letter M which is

the letter that tells the DCA that you know the debt is out of date. And

if they write after that tell Trading Standards and that will stop them.

[WILKINSS208]

the last payment i made was probably 3 years ago. i have no ccj for case. where do i stand - can i do a claim for charges they have added to my account or can i get rid of debt?

[Bailiffchaser]

If you made contact with them 3 years ago the 6 year period started from then. The debt is not statue barred.

[WILKINSS208]

sorry what does that mean

[Bailiffchaser]

ITs if you owe me money and i and you do not make contact in six years after our last contact then i cannot chase you for this debt(mortgages etc are diffrent) but if there is 1 day left and we make contact then the 6 year period starts all over agian.

[WILKINSS208]

so other words, i have to pay as made contact with them in past 3 years. its not a lot of money so do you think i could agree a smaller amount to clear this debt. what sounds fair for £381??

[WILKINSS208]

bump

[Bailiffchaser]

Tow ways. either agree a payment or let them take you to court and then advise the judge that they would not accept £XXX of you when you offered.

[lookinforinfo]

I would try and avoid going to Court since you will have to pay their costs

in taking you to Court and I have seen no mention of any offer by you to repay them.

You don't say what the original debt was for. If it was a bank account or

a credit card, then inevitably you will have incurred unlawful charges, which

you can reclaim. If you incurred those charges, read the FAQs on the first

page to find how to recover them, though you can only claim them back six tears from now.