Cabot referral to solicitor in 1m

[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]

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?

[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]

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

[Yellow33]

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

[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?

[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.

[Yellow33]

Thank you both. I emailed my data request.

[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]

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!

[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.

[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

[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.

[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.

[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.