Debt recovery letters for old credit card debt.

by MGB10 Fri Sep 02, 2022 8:32 pm

Hi,
I have received a letter from Cabot Financial about a credit card debt which is over 6 years old and is not on my credit record anymore. Cabot are saying that they have passed the account to Global debt recovery.
Global have sent me three letters the last one informing me that because they have had no response they are escalating it to the collections department.
Back in the day I have done the 3 letters process with Cabot and I thought that the account was now done with.
Should I just ignore the letters or is there a template letter to send to debt companies about this. I don't want to start corresponding with them and start the whole process off again.
Thanks.

by **daveiron** Sat Sep 03, 2022 8:06 am

Presuming you have not made a payment in over 6 years (5 in Scotland)
it should be SB.

You only need to ask them 1 question. Is this alleged debt enforcable.

by flyingfish Sat Sep 03, 2022 5:11 pm

First see if you can check whether it truly is Statute Barred. Did you receive a Default Notice? If so then the clock starts from the expire of the notice period given, or date of last payment which ever is later.

Personally I think if it is Statute Barred, I'd ignore everything except a Letter Before Claim. If it gets to that stage just reply spelling out that it's SB. In England then strictly a debt collector is still allowed to ask you to repay a SB debt, so for that reason I wouldn't discuss it with a DCA.

by MGB10 Mon Sep 05, 2022 10:39 am

Thanks for your replies,
I will check all the dates to make sure it is statute barred.

by **Mrblue2015** Mon Sep 05, 2022 7:15 pm

Here you go (includes a template letter to respond with):

https://goodf.forumotion.com/t3635-statute-barred-dates-and-template-letter-please#38070

NOTE: personally, I would remove the following paragraph from the template:

“Please do not contact me again unless you can provide me with clear written evidence, such as a credit agreement signed by myself, or written acknowledgement of the debt from myself from within the past six years.”

by waylander62 Mon Sep 12, 2022 12:40 am

be careful with cabot in respect of statute barred, they are notorious for paying £1 to themselves to avoid SB

my way of approaching this initially would be to find the original notice of assignment if you have saved it, or to request a copy from Cabot as soon as possible, this can tell you a lot.

It would also determine what my next move would be.

by **Mrblue2015** Mon Sep 12, 2022 8:25 am

Totally agree with Waylander62. And there is an implied message here too: ALWAYS keep your original creditor paperwork, from the moment you receive the credit agreement and thereafter. This will all become evidence for the future…

by brownowl Wed Nov 23, 2022 11:48 pm

What does a default notice look like? Is it just a letter saying that you have missed payment or is that different?

by flyingfish Thu Nov 24, 2022 7:28 am

A Default Notice should tell you in what way they believe the account has defaulted, what needs to be done to address the default, and a time limit. They can only take court action after the expiry of that time. See
https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/default-notices

by brownowl Fri Nov 25, 2022 12:05 am

flyingfish wrote:A Default Notice should tell you in what way they believe the account has defaulted, what needs to be done to address the default, and a time limit. They can only take court action after the expiry of that time. See
https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/default-notices

Thanks, I imagine it says DEFAULT NOTICE at the top? I've never received any of these. I am assuming you only get these when you don't pay anything for a substantial amount of time and have not started the NEW GOODF APPROACH?

by **daveiron** Fri Nov 25, 2022 10:05 am

Every 'lender' produce their own. They are easy to miss as you will
probably have several letters 'notice of sum in errears' the default notice
is often very similar ,so i would suggest you go through your received
paperwork and take a closer look.
If you find one read the dates on it . It will give a date for you to pay usually
about a month.The expiry of that date is when the cause of action starts.
( the date the statute barred clock starts)

by brownowl Fri Nov 25, 2022 12:42 pm

daveiron wrote:Every 'lender' produce their own. They are easy to miss as you will
probably have several letters 'notice of sum in errears' the default notice
is often very similar ,so i would suggest you go through your received
paperwork and take a closer look.
If you find one read the dates on it . It will give a date for you to pay usually
about a month.The expiry of that date is when the cause of action starts.
( the date the statute barred clock starts)

YES, i got one of those. Thanks.

I recently sent a DSAR to an old credit card debt. They emailed back to say, "hopefully we have the information you requested." HOPEFULLY! HA! I Bet they don't

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Debt recovery letters for old credit card debt.

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