Capital One/Cabot

[Never-In-Doubt]

Re: Capital One/Cabot

Good luck

[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 .

[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

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.

[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

[IF]

Re: Capital One/Cabot

To join our Main site and to view templates as posted above please see this post -- > Accessing Our New Templates

[MrsD]

Re: Capital One/Cabot

personally I wouldn't be mucking around with SARs and CCAs, you are sure it's SB then it is SB

Cabot are taking the piss, I would be sending the second SB letter http://www.all-about-debt.co.uk/inde...statute-barred

it doesn't matter about anything else, this is the crux

[nightwatch]

Re: Capital One/Cabot

Just one further question. Is there any point in sending a subject access request to Captial One, asking for copies of the agreement, statements, any default notices, etc. or would the CCA request, in theory, cover all of this information?

the CCA request is the main template to use. it asks for a copy of the executed (original)signed agreement, t&C from inception and T&C as varied so it covers all the bases.
they don't always have a copy of the default.

[nightwatch]

Re: Capital One/Cabot

to see the template you need to register on the template site using the same details you have used to register here. the template is worded so you don't admit the debt but looks like you have knowledge of the technical facts xx

[hello_people]

Re: Capital One/Cabot

Just one further question. Is there any point in sending a subject access request to Captial One, asking for copies of the agreement, statements, any default notices, etc. or would the CCA request, in theory, cover all of this information?

[hello_people]

Re: Capital One/Cabot

Sorry, it appears I missed SA Gold's edit to the post.

I shall sit back and await the standard 40 days letter from Cabot regarding the CCA request that seems to be common practice with them. Not sure how they continue to get away with it though if the legislation states 12 working days.

[hello_people]

Re: Capital One/Cabot

• You are not authorised to view this resource.

Although I have already sent them a statute barred letter, if that is what the template was for?

Dear Sirs,

Statute barred debt

I don’t admit liability for this debt. The last payment to this debt was made over 6 years ago and since then I have not acknowledged this debt or made any further payment to it.

As this debt is statute barred, you cannot take court action unless you can provide evidence of payment or written contact from me within this period. This is stated in s5 Limitation Act 1980, and any court claim will be defended on this basis.

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days.

The Financial Conduct Authority state in CONC 7.15 that a firm must not attempt to recover a statute barred debt where they haven’t been in contact with the customer during the relevant period. And that a firm must stop demanding payments to a statute barred debt where the customer has stated they won’t be paying it.

Please confirm in writing that you won’t pursue me further for this debt and that you will pass this information to any other company that is interested.

To clarify, please be aware that this letter does not constitute acknowledgement of this debt.

Yours faithfully,

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

That's what they've had so far, to which they replied:

Dear Sir/Madam

Re: Cabot Financial (UK) Limited
And: XXXXXXXXXXXX XXXXXXXXXXX

Ref: XXXXXXXXX

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 the debt is not statute barred and still remains payable. If you disagree please explain why.

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

And then I sent them (Cabot, the first one was sent to Mortimer Clarke Solicitors as they were the ones who demanded a response within 14 days prior to court action):

Dear Sirs,

I do not acknowledge any debt to your company or its clients.

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you, or your solicitors, further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of any credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be used to set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

To clarify, please be aware that this letter does not constitute acknowledgement of this alleged debt.

I look forward to hearing from you.

Yours faithfully,

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

And that is where we are up to now.

[nightwatch]

Re: Capital One/Cabot

then possibly this template would be best http://www.all-about-debt.co.uk/inde...barred-england

[hello_people]

Re: Capital One/Cabot

I would go with the advice of SA Gold,
the letter you have come across was for a SB debt that the DCA was trying to say wasn't SB because the default was registered with the Credit Reference agencys much later. the date the default was registered has nothing to do with SB it is when the last payment was made.
If you are certain no payment has been made since 2008, and you have not written or phoned the Original creditor or Cabot to acknowledge the dept, then it is indeed SB as of Nov/Dec 2014
If they continue to insist it is not we will find you a suitable letter to send them
for now wait and see what they send next

Ok thank you. Although they have put the ball back in my court now with the "if you disagree please explain why" line at the end. My response, so far, has been a CCA request to Cabot, but I don't want to leave it with me not disagreeing and then that being an admission due to not disagreeing, if you get what I mean.

In terms of payment of debt, I'm 100% certain that the last payment date was October 2008. I double-checked with my bank too (the only method of payment I ever made to them) and have all payments listed on a letter (from the bank).

[IF]

Re: Capital One/Cabot

Hi and welcome to AAD from me too, moved your thread to the Formal Debt Matters section

Best wishes
IF