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  • Cabot referral to solicitor in 1m

    Hi, I hope someone can assist me with some advice.

    I have An old virgin credit card debt which has been bought by cabot. It will be time barred in August (5 years in Scotland). I am wondering what to do? How likley is it that cabot will pass to a solicitor. My intention is to wait until I get a solicitor letter then request details of the credit agreement etc in the hope that they are missing some information or they rake so long I then goes over the 5 years.

    Any advice would be appreciated

  • #2
    write a diary such as:-
    Type of account -
    Date commenced -
    Approx balance -
    Date last paid -
    Are you on arrangement or not paying -
    Account owner -

    update events as happens, meantime Hello! as you state await next move by them then update diary only send CCA etc if told to on here as timings are relevant.

    Take a look around the site and get the feel how things are done on here.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      They don't give up.
      They use Mortimer Clarke who are in house and occasionally some firm to doorstep you.
      Wait patiently until they start sending letters before action.

      Comment


      • #4
        I always thought that Cabot never give up, however once they know they are defeated they only send the usual begging letters.

        Comment


        • #5
          Thank you for your input, I really appreciate it. I just need to not stress and hope by the time they get to me it will be statute barred. I will keep you posted!

          Comment


          • #6
            Originally posted by The Tech Clerk View Post
            write a diary such as:-
            Type of account -
            Date commenced -
            Approx balance -
            Date last paid -
            Are you on arrangement or not paying -
            Account owner -

            update events as happens, meantime Hello! as you state await next move by them then update diary only send CCA etc if told to on here as timings are relevant.

            Take a look around the site and get the feel how things are done on here.
            ".. I have An old virgin credit card debt which has been bought by cabot. It will be time barred in August (5 years in Scotland) .."

            There is a recent Court Case fought in Scotland where the five year rule was judged NOT to apply!
            It would really be helpful if you could provide Diary Details as per The Tech Clerk requested.
            Of especially importance is which Cabot Company was actually assigned the Debt


            Comment


            • #7
              Originally posted by Yellow33 View Post
              Hi, I hope someone can assist me with some advice.

              I have An old virgin credit card debt which has been bought by cabot. It will be time barred in August (5 years in Scotland). I am wondering what to do? How likley is it that cabot will pass to a solicitor. My intention is to wait until I get a solicitor letter then request details of the credit agreement etc in the hope that they are missing some information or they rake so long I then goes over the 5 years.

              Any advice would be appreciated
              Hi yellow33
              Am pretty sure there was a case in GLASGOW SHERRIF COURT quite recently, however although the person lived in Scotland, his credit agreement was covered by English Law, 5 years only applies if it is covered by Scottish Law, So his agreement was not statute barred

              Comment


              • #8
                Hi, I am wondering why the case referred to would not be covered by Scottish law. Was the person perhaps an English resident when the debt was taken, or specific to England like council tax? It would be interesting to get more info on this case.

                My case relates to virgin credit card who sold my debt yo cabot financialveutope in 2019, only just started writing to me this year, threatening to pass to their solicitors next month, 11 june. I gave not acknowledged the debt or paid anything since approximately August 2017.

                Comment


                • #9
                  Originally posted by Yellow33 View Post

                  My case relates to virgin credit card who sold my debt yo cabot financialveutope in 2019, only just started writing to me this year, threatening to pass to their solicitors next month, 11 june. I gave not acknowledged the debt or paid anything since approximately August 2017.
                  Hi

                  Can you set this out in the diary format, as requested above, itemising all correspondence received (and any sent), with approx dates and gist of the content of each letter - eg "Please get in touch to arrange repayment schedule".

                  This helps the forum when it comes to making suggestions as to how to deal with the situation. The less information you provide, the more difficult to advise.

                  And to clarify - do you live in Scotland, and were you living in Scotland when you opened the CC account?

                  Comment


                  • #10
                    Sorry, yes I will update with diary content as suggested. I lived in Scotland at the time of taking out the credit card and have continuously.

                    Comment


                    • #11
                      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

                      Comment


                      • #12
                        Originally posted by Yellow33 View Post
                        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
                        Thank you thats a good starting point
                        At some point a DSAR to Virgin might be useful to confirm whom was assigned the debt and when! Also this issue over whether Scottish or English Law might apply! Also when and or if a Default Notice was issued and when! Default Notices again a recent CASE are a determinant of the Statue Bar clock!

                        Back ground work here and filling in details will help you and AAD

                        Comment


                        • #13
                          DSAR... would that be a request to virgin on what information they hold? I have no paperwork.

                          Comment


                          • #14
                            they are th originator who hold such.
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • #15
                              Originally posted by Yellow33 View Post
                              DSAR... would that be a request to virgin on what information they hold? I have no paperwork.
                              Yes my thinking is this! If you are this close to Statute Bar it is permissible for Cabot to issue a Claim without a Letter Before Claim (LBC) to stop Statute Bar in August!
                              So a DSAR starts to fill in the missing paperwork doesn't it! Knowledge and a good Diary leads to good decisions! When these DCA's purchase a debt they have little or no paperwork! So they can only use or work with what Virgin Have on record!!!

                              There is no fee for this!

                              Send Virgin a DSAR request
                              Just a request! Tell them nothing! You want SNail Mail response NOT Email
                              Data Subject Access Request (DSAR) | Credit Reference File
                              use this one keep proof posting also keep copies of everything. and update on here.

                              Comment

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