Cabot referral to solicitor in 1m

[Still Waving]

So by making contact with them to request my data I have reset the statute barred clock! Oh no....

Sending a DSAR (if you used the AAD one) does not acknowledge a debt. I asked, because in your previous post you seemed to have acquired some additional information. I was wondering where that came from?

EDIT: I hope you sent it by royal mail?

[Yellow33]

I assume that when they advise they will pass to their solicitors they always do?

[Yellow33]

So by making contact with them to request my data I have reset the statute barred clock! Oh no....

[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?

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.

[Yellow33]

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?

[Timewilltell]

What you will likely find is that if you do not defend it they will be awarded judgement by default. So it is important that you know your hand, which will also mean you will know their hand too!

[Yellow33]

I assume that cabot would not be able to take me to court znd win if they fo not have full documentation needed to provd the debt? Request is submitted, hopefully they give nothing lol

[Roger]

I assume they would need paperwork, contracts etc to enable them to take to court? Keep you posted on how I get on. Again, I appreciate the help.

Normally you would wait before asking for a DSAR. But here when you are so close to Statute Bar you need to know what if any documents and or details are available with Virgin. Because Cabot will have the same problem sic lack of paper work.
This is putting you in control of your Debts! You are a long long way from a CCJ! Tactics also play a part !!

[Yellow33]

I assume they would need paperwork, contracts etc to enable them to take to court? Keep you posted on how I get on. Again, I appreciate the help.

[Yellow33]

Thank you, I will do this today!

[Roger]

The card was taken out some years back. The debt has been sold on. There is a financial requirement to keep records for 7 years for statutory purposes - 6 years plus current - after which they may be destroyed.

Just wondering of the chances that the Virgin records are still available due to the time since the card was taken out and that the debt has been sold on.

Recently, I tried to SAR for a telecoms debt that had been sold on, as nothing had been received regarding payment/non-payment, default, assignment etc. Nothing until a debt collector sent a letter demanding money.

All that came back was a copy of the contract and some HTML. There were no bills or assignment documents. There was a workflow print, with links to documents which would hold some details of the actions taken and documents produced. All the data behind the links had been deleted and so was inaccessible. No documents could be re/produced.

The cherry on the cake was the fact that for some unknown reason, the service provider had changed from postal statements/comms to on-line. The "debtor" was a 98 year old with dementia.

When Debts are sold the DCA is given minimal information. This means that Cabot are limited to whatever is in the DSAR!
When and or if Cabot send a Letter Before Claim Yellow33 can talk to Colin G Quinn the initial interview is free!
So the sooner the DSAR is requested the better!

[julian]

The card was taken out some years back. The debt has been sold on. There is a financial requirement to keep records for 7 years for statutory purposes - 6 years plus current - after which they may be destroyed.

Just wondering of the chances that the Virgin records are still available due to the time since the card was taken out and that the debt has been sold on.

Recently, I tried to SAR for a telecoms debt that had been sold on, as nothing had been received regarding payment/non-payment, default, assignment etc. Nothing until a debt collector sent a letter demanding money.

All that came back was a copy of the contract and some HTML. There were no bills or assignment documents. There was a workflow print, with links to documents which would hold some details of the actions taken and documents produced. All the data behind the links had been deleted and so was inaccessible. No documents could be re/produced.

The cherry on the cake was the fact that for some unknown reason, the service provider had changed from postal statements/comms to on-line. The "debtor" was a 98 year old with dementia.

[Roger]

Well, the entire letter is designed to frighten you regarding what might happen "if legal action starts".

See what more knowledgable people have to say.

EDIT: But it would be a good idea to get that DSAR letter off to Virgin.

Spot On and the letter tells of guess what a Letter Before Claim!!
But see they could go straight to issue a Claim to avoid it becoming Statute Barred.

I agree with Still Waving !!

[Still Waving]

Well, the entire letter is designed to frighten you regarding what might happen "if legal action starts".

See what more knowledgable people have to say.

EDIT: But it would be a good idea to get that DSAR letter off to Virgin.

[Yellow33]

I assume I can do a program the debt letter once i hear ftombtheir solicitor. I also assume that if they do a before court action letter before it is statute barred then that is the equivalent of it never going statute barred and I would need to negotiate a payme plan?