cabot starting chasing me

by Gary Lineker1 Mon Sep 14, 2020 8:24 am

Hi,

I took out a cc with RBS in 2012, following a divorce and redundancy defaulted £5.5k in 2013 (off my credit file), paid a small monthly fee via a debt agency acting for RBS until early2015.
I moved address and stopped paying early 2015 so anticipate debt will be statue barred in approx 6 months.

Thought I was going to be home and dry but then received a welcome letter from Cabot in Sept. I spoke to step change and there advice was to acknowledge the letter confirm my address and make an offer to payment. That is obviously something I wont be doing, however wanted some advice how to try and delay their progress to try and get to the Statue barred date.
Or will they be aggressive and go for legal action before this date?
And/Or when should I ask for a CCA?

And last question, Stepchange told if I didnt acknowled the letter and my address they will use my oldaddress to register a backdoor CCJ.

Appreciate any advice
Thank you

by **daveiron** Mon Sep 14, 2020 12:21 pm

Hi & welcome.

Start by sending these to Cabot.
https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers

Also send a SAR (subject access) request to RBS.

' This is a subject access request please supply any and all data you hold for
myself John Doe. ' They have 28 days to respond.

Regarding statute barred , When RBS supply your info make sure there is a copy
of the default notice, that should tell you they are giving you (usually) a month
to pay from the date of the notice. The 6 years will start from that date.

by Gary Lineker1 Mon Sep 14, 2020 1:26 pm

Thank you Daveiron
on the statue barred, is as you say based on the default notice served in 2013 or my token payment via a agent acting on behalf of RBS in 2015

appreciate your help

by **daveiron** Mon Sep 14, 2020 2:27 pm

It will be from the date of last payment + 1 month if you were paying monthly.
Sorry I forgot that part of your post.

by waylander62 Fri Sep 18, 2020 11:29 pm

do you have the details from the acting agents you were paying ? letters or statements to verify the date of the last payment made and outstanding balance at the time ?

this could be important

by Gary Lineker1 Sun Sep 20, 2020 9:43 am

Hi
I don't have any letters but I had a spreadsheet with the outstanding balance and my last payment to Robinson way was March 2015.
I do appreciate the advice on the forum but I haven't starting the three letter process or confirmed my address yet. I was going to give it until the end of the month to see what other letters I received before I decide on further action.
I am to save the 3 letters for a later stage as I run the clock down on the statue barred route. And the longer I leave it the less time the debt collector will have to collect the information to substantiate the debt.
I know a risky strategy but I'm worried if I go 3 letters now it will get them excited, however at the moment they have had no communication for 5.5 years and must be thinking is it worth them paying £400 to issue a CCJ claim etc
Again appreciate your advice

by waylander62 Sun Sep 20, 2020 4:06 pm

i dont disagree with your strategy, dont get them over excited at this stage.

if this is a welcome letter from Cabot does it contain a notice of assignment ? or are they introducing themselves as the new owner of the debt ?

in what way are they 'welcoming' you ?

In addition to this you could always send a SAR to robinson way for all of the data they hold on you as they are not part of the Cabot group.

by Gary Lineker1 Mon Sep 21, 2020 7:59 am

Hi,
Yes it contains a general notice of consignment and the welcome letter tells me welcome to Cabot with a telephone or website to contact to organise a payment schedule. At the same time of the letter I started receiving phone calls but I haven't answered.
Not received any further letters since so will have a decision to make end of month whether to confirm contact or not because not keen on getting a back door CCJ.
If I have a welcome letter hopefully assume all letters will now arrive at my home address so I can monitor the situation and react if they start threatening the legal route.
again advice appreciated

thank you waylander62

by waylander62 Mon Sep 21, 2020 8:51 am

i think you may mean a general notice of assignment ? telling you that cabot are now the new 'owners' of the debt and control your data ?

this is important at this stage because it will help you decide what to send them in your reply letter.

by Gary Lineker1 Mon Sep 21, 2020 9:23 am

Hi Sorry yes you are correct general notice of assignment
I'm going to start with a SAR to Robinson and will let you know when the next letter from Cabot says

again thank you

by waylander62 Mon Sep 21, 2020 9:35 am

yes information is key at this stage you need to check the figures, check the amounts alleged to be outstanding

how much was owed when you stopped paying

how much you owed on assignment

and how much cabot say is still outstanding

all of these should be the same but often are not especially when statute barred is looming.

as a matter of interest what date was the assignment ? a month and year will do

by Gary Lineker1 Mon Sep 21, 2020 1:23 pm

Hi
the amount is the same at £5400 when I stopped paying and the letter from cabot earlier this month
I have looked at the notice of assignment and it is just a generic 1 page sawing Cabot now own my account.
There is no mention of RBS or my name or any dates accounts numbers etc
Thanks

by waylander62 Mon Sep 21, 2020 1:35 pm

then that is not a real notice of assignment

it should be from RBS with account number and dates and also contain the full name of the company which purchased the debt cabot have multiple companies but only 1 can be the assignee.

in my opinion your first letter to cabot should be to

acknowledge their letter
and simply ask them to fully clarify their standing in this matter ( i will bet the company chasing you is not the same company that bought the debt, same group yes, but not the same company )

we should play dumb and ask reasonable clarification requests keep the front line staff busy for a few weeks even months.

by Gary Lineker1 Mon Sep 21, 2020 1:41 pm

will do
again thank you for your help

by Gary Lineker1 Mon Sep 21, 2020 2:14 pm

Hi Waylander,
just to be sure I dont acknowledge the debt and start the clock running, any dvice on how to word the letter

thankyou

by waylander62 Mon Sep 21, 2020 2:23 pm

para 1: acknowledge receipt of their letter

para 2: in order for you to correctly ascertain your position in this matter you require cabot ( the company who actually wrote you the letter ) to clarify their standing in respect of the above account number.

para 3 you look forward to their response

that is all i would send/write

nothing admitted and a perfectly reasonable request

a polite who the f*ck are you and what gives you the right to contact me asking for me to pay you ?

by Gary Lineker1 Tue Sep 22, 2020 8:49 am

thank you Waylander you have been a great help

by **Mrblue2015** Tue Sep 22, 2020 4:54 pm

waylander62 wrote:
a polite who the f*ck are you and what gives you the right to contact me asking for me to pay you ?

If ONLY we could get straight to the point! Laughing

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