Cabot referral to solicitor in 1m

[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.

[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]

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.

[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.

[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 ?

[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!

[Yellow33]

Hi, I have received my data request today. I will get the diary done this week but wanted to post. They have sent me all correspondence including monthly statements and default notices. They caution on the attached letter that they nay not have everything and they have sent me all they have. No credit card application form or credit agreement contained, nothing with my signature electronic or otherwise- I assume this is good news? Last payment to account or communication from me was Nov 2017. 5 years to statute barred in Scotland so this is also good to know. Still no correspondence from cabot solicitors.

[The Tech Clerk]

did you send seperate CCA1974 request with it incl a £1.00 postal order? if not do not send yet unless advised to on here keep diary up to date

[Roger]

Hi, I have received my data request today. I will get the diary done this week but wanted to post. They have sent me all correspondence including monthly statements and default notices. They caution on the attached letter that they nay not have everything and they have sent me all they have. No credit card application form or credit agreement contained, nothing with my signature electronic or otherwise- I assume this is good news? Last payment to account or communication from me was Nov 2017. 5 years to statute barred in Scotland so this is also good to know. Still no correspondence from cabot solicitors.

did you send seperate CCA1974 request with it incl a £1.00 postal order? if not do not send yet unless advised to on here keep diary up to date

Completely Agree with The Tech Clerk


I remind ".. When Debts are sold the DCA is given minimal information. This means that Cabot are limited to whatever is in the DSAR! .."

Now this is really useful!
".. They caution on the attached letter that they nay not have everything and they have sent me all they have .."

[Yellow33]

No I haven't done a CCA request. Only the DSAR because I wanted to know if statute barred and what info they hold. Now I wait. I guess my next move would be a prove it letter if and when their solicitor advise they are about to take action.

[The Tech Clerk]

do not get into letter ping pong with them, keep a diary update and others will advise next move

[Yellow33]

Hi - advice on how to deal with debt collectors calling at your home required. I had a strange guy tuna up when I was out, seen on my ring doorbell, no name badge but nocked for ages and had a bag. I have had resolveacall come before and they wore a badge and left a card. I am guessing he will come back tomorrow. Also wondering if it could be court papers or this would ve be post??

[Yellow33]

Edit - my spelling is not this bad, I struggle typing on my phone!!

[The Tech Clerk]

if in then they state resolve call or other (if debt collectors) no powers., give card shut door end of:-

[Timewilltell]

Court papers will come via post.
perhaps he was a throw back to the 70’s as in a doorstep seller?