Cabot referral to solicitor in 1m

[Roger]

What about emails ?

Proof is on the balance of probabilities!!

Evidence can be raising a dispute over a Credit Reference Agency report!!
What if the phone Call is recorded! A Transcript made etc.. Your word against theirs!

NO THE SAFEST IS SILENCE!!! SIT ON YOUR HANDS
Build up a Diary of Facts (backed by evidence!) this leads to good decisions!

[Still Waving]

I only thought you could acknowledge a debt if you wrote to them or made a payment and phone calls are irrelevant this is from step change

The following do not count as written acknowledgement of a debt:

• A letter from you to the creditor clearly stating you don’t owe the debt
• A letter from the creditor to you
• Speaking to a creditor over the phone

https://www.stepchange.org/debt-info...companies.aspx

What about emails ?

[Yellow33]

'Acknowledging the debt has to be in writing. If you haven’t done this, it doesn’t matter if the creditor has written to you, or you have discussed the debt on the phone – this won’t stop the debt being statute barred. If you have reclaimed PPI, this is likely to have acknowledged the debt'.

I am sure the experts on this wonderful forum will have caselaw on this but wanted to stare.

[Yellow33]

Very interesting ... I was worried I said too much on the phone and they has somehow tricked me by getting me to call. I liked someone else's comments in relation to another person/case where they sent a prove the debt letter and were anxious about the responsr.. if the debt is sold on to cabot the original debtor has washed their hands and they have no motivation to cooperate with the debt collector.

[Mrreese6018]

Have you had contact with them apart from sending the DSAR? If you did you might be deemed to have admitted the debt, which would reset the Statute Bar. Regarding paying - that would definitely restart the clock.

See what others think about the situation.

EDIT: Just reading back - it seems they threatened to pass to their solicitors on 11 June. If that is correct, I would not be paying at this point anyhow.

I only thought you could acknowledge a debt if you wrote to them or made a payment and phone calls are irrelevant this is from step change

The following do not count as written acknowledgement of a debt:

• A letter from you to the creditor clearly stating you don’t owe the debt
• A letter from the creditor to you
• Speaking to a creditor over the phone

https://www.stepchange.org/debt-info...companies.aspx

[Yellow33]

I now understand what you mean by a diary having read quite a few today. I also have sond other debts to add for the full picture as you say. I will wait to see I the thread xsn by moved before starting z new diary.

[Still Waving]

I think one of the mods can probably moved the entire thread for you. In the mean time you really need to bring forward an updated diary. So far all it contains is -


19 May 2022, 13:52


Type of account - credit card
Date commenced - 2009?
Approx balance - £13000
Date last paid - Aug or September 2017
Are you on arrangement or not paying - no arrangement, not paying
Account owner - cabot financial europe


You need to keep it updated with all correspondence sent and received, and copy the entire thing into a new post when there are new developments. That way we have a complete picture at a glance. If people can't be bothered to maintain a proper diary, they really can't expect others to spend their time trawling back through several pages of posts.

[Yellow33]

Wondering if I should move my thread over to the diaries page? Taken some time to navigate this forum now and starting to understand how it works. It really is so helpful to get advice like this and to see I'm not alone.

By way of an update, still waiting on my data request from virgin and anything from cabots solicitors.

[Yellow33]

Thanks still waving... I couldn't find a postal address, I was directed to email. At least cabot don't know at this stage that I have requested anything. I will update you again shen I receive the data.

[Still Waving]

It's difficult to say for sure, but you ought to have heeded what Roger said here https://all-about-debt.co.uk/forum/d...51#post1544951

[Roger]

They responded by email asking me to call, which i did to confirm my request and confirm my identity. The person who I spoke to then confirmed my request and advised that they should respond in 30 days. I didn't think this eould be an issue as they have sold the debt to cabot. I guess I have made mistake!

Ok so that is to evidence who you are. Not an admission of anything. The DSAR covers everything.
However you are starting to get a better and factual picture of where you are relative to Statue Bar.

[Yellow33]

They responded by email asking me to call, which i did to confirm my request and confirm my identity. The person who I spoke to then confirmed my request and advised that they should respond in 30 days. I didn't think this eould be an issue as they have sold the debt to cabot. I guess I have made mistake!

[Still Waving]

Hi, bit of an update. I sent my daya request and confirmed that I want all information they hold. I was able to find out that the last payment to the account was Nov 2017, so not as close to Scotlands 5year statute barred time limit as thought. Full data to be sent to me within 30 days. I am also worried now as they certainly seemed to still have access to the accoubt. This means the likleyhood of them not being able to prove the debt or it going time barred are slim. Should I just pay?

I was trying to ascertain what caused you to make the comments highlighted.

When sending a DSAR we do not normally mention any specific account reference, as the DSAR covers EVERYTHING an organization holds about you, no matter how many accounts. In any case, a debt purchaser's reference is usually different from the original creditor's reference.

[Yellow33]

Thank you both. I emailed my data request.

[Timewilltell]

Referring to solicitors is generally a big boy threat, however if said big boy doesn’t have the necessary weapons then big boy is nothing but hot air.
if they had something concrete then they’d be sure to proceed without hesitation. Wouldn’t you?
if they hesitate then they’re gambling as far as my experiences tell me.

I have lost count of how many times I’ve been referred to the ‘solicitors’ and I’m yet to have any go to court??
the whole point of this is so that you can learn the law, now you’re playing on a level playing field with them and more often than not they score the own goals!

interpret as you wish.