Capital One/Cabot

[SXGuy]

Re: Capital One/Cabot

MrsD is correct. They are twisting facts to suit.last payment is when the clock runs from not the termination sate, otherwise they could stop the limitations act from working ever just by refusing to terminate the account. If I were you I'd follow MrsD's advice

[hello_people]

Re: Capital One/Cabot

Thank you all for the input .

I will sign up for the template site, take a look and then likely send. I will post any further updates here, as and when they occur.

[hello_people]

Re: Capital One/Cabot

Ok signed up over at the other site, once active I will take a look.

[hello_people]

Re: Capital One/Cabot

Thanks for the quick confirmation of account. I've taken a look at the template and will send tomorrow. Many thanks .

[Never-In-Doubt]

Re: Capital One/Cabot

Good luck

[hello_people]

Re: Capital One/Cabot

Just one quick question regarding the template letter.

My last letter received came from Mortimer Clarke Solicitors. Yes, I know they are basically the same company as Cabot but they may say otherwise. Should I simply send the template letter to Cabot, or should I modify the text to refer to Cabot whilst still replying to Mortimer Clarke?

Edit: Or maybe I could just send the template as is to Cabot, with a copy of the Mortimer Clarke letter enclosed and refer to that?

Re-edit: And just to clarify, before I pull the trigger on this, I am correct in thinking this debt is Statute Barred as no payment or written acknowledgement since 1st/2nd October 2008? Just want to make double-sure before I send.

[MrsD]

Re: Capital One/Cabot

I would send to Cabot with a copy to Mortimer Clarke, then you've covered all the bases

[hello_people]

Re: Capital One/Cabot

Hi again

Finally received a reply today (from their "solicitors", Mortimer Clarke) in response to the template letter that was sent.

The reply is as follows:

================================================== ======================================

Dear Sir/Madam

Re: Cabot Financial (UK)
And: XXXXXXXXXXX XXXXXXX

Ref: 1234567890

You have alleged that the claim is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

The six year limitation period runs from the latest date on which:
1. A payment was made towards the debt; or
2. The agreement was terminated; or
3. You acknowledged the debt in writing.

We are instructed that in this case the cause of action accrued when the agreement was terminated on 22/03/2009. Therefore proceedings were issued within the 6 year limitation period, and so the claim is not statute barred. If you disagree please explain why.

Alternatively, please complete the enclosed income and expenditure form, together with an offer of repayment, so that our client can assess your financial circumstances.

We note that you have requested documents from our client and these will be forwarded to you upon receipt. Please be advised that your account has been placed on hold in the meantime.

We look forward to hearing from you within 7 days.

Yours faithfully

Mortimer Clarke Solicitors

================================================== ======================================
So, basically, they've sent me another copy of the same letter the first time I told them it was statute barred, albeit with a little added at the bottom.

The template letter makes it pretty clear that, a. I know the debt is statute barred and b. if they continue to harass me I will make complaints to the relevant bodies.

They have continued to harass me by, a. not acknowledging the debt is statute barred and b. continuing to send me the same letters repeatedly.

I am not usually one to make idle threats so, as stated within the letter, does anyone have any advice on who to contact next in terms of escalating this complaint to the relevant bodies?

I am not going to carry on writing and receiving the same letters over a debt that is statute barred.

Any advice would be truly appreciated .

[oscar]

Re: Capital One/Cabot

They are correct on points 1 & 3, but not on point 2 - I will try and find the info before someone beats me!

[hello_people]

Re: Capital One/Cabot

They are correct on points 1 & 3, but not on point 2 - I will try and find the info before someone beats me!

I was under the same impression, and based on the fact last payment was October 2008, it has been statue barred for a couple of months now. GAME OVER as far as I'm concerned.

[PlanB]

Re: Capital One/Cabot

Finally received a reply today (from their "solicitors", Mortimer Clarke) in response to the template letter that was sent.

The reply is as follows:

================================================== ======================================

Dear Sir/Madam

We are instructed that in this case the cause of action accrued when the agreement was terminated on 22/03/2009. Therefore proceedings were issued within the 6 year limitation period, and so the claim is not statute barred. If you disagree please explain why.

Alternatively, please complete the enclosed income and expenditure form, together with an offer of repayment, so that our client can assess your financial circumstances.

We note that you have requested documents from our client . . . . We look forward to hearing from you within 7 days.

Yours faithfully

Mortimer Clarke Solicitors .

I'm sorry to have missed this thread which was not posted in the Legal Section where I tend to hang out.

Are you saying that you have already received a county court summons from Mortimer Clark solicitors?

We can definitely help you if that's the case but we need to move fast.

Please update your thread as a matter of urgency. Or email me using planB@all-about-debt.co.uk

Please confirm the claim is for £1,450.00.

PlanB xx

[hello_people]

Re: Capital One/Cabot

No need to panic on that front....I think.

I've never received any summons to court or whatever you call it from the courts regarding this. I noticed that earlier in the letter also but put it down to a simple "copy and paste" error as all of these letters seem to follow the same format. They obviously have templates and just change the names and addresses.

But to answer the question, I have not received any official documentation from the courts stating that someone is making a claim against me.

And to confirm, debt was approximately £1450.

Edit: Forgot to add, there is currently a CCA request outstanding which is preventing them from taking any legal action until fulfilled.

[PlanB]

Re: Capital One/Cabot

I've never received any summons to court or whatever you call it from the courts regarding this. I noticed that earlier in the letter also but put it down to a simple "copy and paste" error as all of these letters seem to follow the same format. They obviously have templates and just change the names and addresses.

But to answer the question, I have not received any official documentation from the courts stating that someone is making a claim against me.

And to confirm, debt was approximately £1450.

Edit: Forgot to add, there is currently a CCA request outstanding which is preventing them from taking any legal action until fulfilled.

Email me a copy of your letter from Mortimer Clarke Solicitors which sates categorically that "proceedings were issued".

Email me the letter from them which states this was a "copy and paste error" (you say that disclaimer was in the same letter which seems weird ).

A CCA request doesn't prevent them from taking legal action (as much as the FCA would like that to be the case). It may (if not complied with) prevent them from getting a CCJ. It won't prevent them from issuing a county court summons.

This is going to sound rude and I assure you that's unintended but this is no time to act blasé. Mortimer Clarke solicitors do issue court proceedings.

Plan B x

[hello_people]

Re: Capital One/Cabot

I was under the impression that should any court proceedings start, I would be notified by no one else other than the courts themselves? Otherwise, if you allow the claimant's solicitors to notify, they could simply not do it and say they did.

With regards to "copy and paste" error, that was simply my guess when reading the letter.

At no time have I been issued any court proceedings and all letters received with regards to this matter are written word for word, with the exception of name, address and reference numbers removed, on the two pages of this thread.

[hello_people]

Re: Capital One/Cabot

So for those that are familiar with the template letter, does that in itself constitute a formal complaint with Cabot, or do I still have to go down that route before contacting the financial ombudsman?

I am thinking of complaining on the grounds that:

a. I've told them twice now that the debt is statute barred, stop pestering me.
b. They are including information within their letters to deliberately mislead me and pressure me into paying a statute barred debt, namely point 2 in the latest letter from them posted above.