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Debt Demand
17 Answers
I have received a demand for payment of a debt going back to 2008!
I contacted the company call Cabot and asked for evidence of this debt, they have sent me an email with the amount on the dates and whom the alleged debt is for.
I do not recall this debt and I can't see how they can make me pay it without proof of what the debt is for .
Any advice or terminology I can use to write back to them with?
Thanks
I contacted the company call Cabot and asked for evidence of this debt, they have sent me an email with the amount on the dates and whom the alleged debt is for.
I do not recall this debt and I can't see how they can make me pay it without proof of what the debt is for .
Any advice or terminology I can use to write back to them with?
Thanks
Answers
1 to 17 of 17
useful stuff here Islay WITHOUT PREJUDICE Dear Sir/Madam Account No: You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/
13:59 Sat 11th Mar 2017
Thank you default date according to what they have sent me is 19/03/10 they purchased the debt in 2012.
I only found out about it when they started calling my husband on his personal number!!
When I spoke to the team leader he told me he would send what evidence they had - well its nothing more than a series of dates of when I apparently defaulted and when they bought the debt!
I only found out about it when they started calling my husband on his personal number!!
When I spoke to the team leader he told me he would send what evidence they had - well its nothing more than a series of dates of when I apparently defaulted and when they bought the debt!
useful stuff here Islay
WITHOUT PREJUDICE
Dear Sir/Madam
Account No:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".
I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I/we look forward to your reply.
Yours faithfully
(Your signature)
Expect them to suggest that the debt still exists, which it does, but they cannot enforce it or affect your credit record. Also expect the suggestion that you still have a moral obligation to pay. I personally wouldn't bother. These people buy debts for very little money and although they are well aware that it is not lawful to intimidate people into paying, thats basically what they do.
Do not phone these people as they will bully you over the phone, write to them and tell them that you will only deal with them in writing.
Hope that is of use to you.
WITHOUT PREJUDICE
Dear Sir/Madam
Account No:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".
I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I/we look forward to your reply.
Yours faithfully
(Your signature)
Expect them to suggest that the debt still exists, which it does, but they cannot enforce it or affect your credit record. Also expect the suggestion that you still have a moral obligation to pay. I personally wouldn't bother. These people buy debts for very little money and although they are well aware that it is not lawful to intimidate people into paying, thats basically what they do.
Do not phone these people as they will bully you over the phone, write to them and tell them that you will only deal with them in writing.
Hope that is of use to you.
"WITHOUT PREJUDICE"
Your ref ; 0000000000000
Dear Sir,
I DO NOT acknowledge any debt.
I will continue in my refusal to acknowledge any debt until you provide me with full details of the original debt, in writing.
I will only deal with your company by written communication.
Yours ........
If they persist or can provide you with details, use DTC's template to mug them off.
Your ref ; 0000000000000
Dear Sir,
I DO NOT acknowledge any debt.
I will continue in my refusal to acknowledge any debt until you provide me with full details of the original debt, in writing.
I will only deal with your company by written communication.
Yours ........
If they persist or can provide you with details, use DTC's template to mug them off.
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