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Debt from HSBC 1989?

11 replies

ageratum1 · 27/05/2024 09:44

A company called Cabot have contacted me to say I owe £7k on a card I took out on 1989.
I know I did have some credit card but paid everything off but the mortgage about 20 years ago.
I have asked for a copy of the agreement and a list of transactions, which they have not provided.Now I have a court summons?
Surely they should have to be able to prove the debt?

OP posts:
ageratum1 · 27/05/2024 09:45

ageratum1 · 27/05/2024 09:44

A company called Cabot have contacted me to say I owe £7k on a card I took out on 1989.
I know I did have some credit card but paid everything off but the mortgage about 20 years ago.
I have asked for a copy of the agreement and a list of transactions, which they have not provided.Now I have a court summons?
Surely they should have to be able to prove the debt?

Not a summons, a notice of claim from the County court

OP posts:
Taciturn · 27/05/2024 09:48

This sounds like there is already a county court judgement against you. Made without your knowledge or presence.

tribpot · 27/05/2024 09:52

I googled Cabot and this seems to be a standard tactic for them. I think the MoneySavingExpert forums will be able to provide specific letter templates, based on this very old thread which looks similar.

beefmassaman · 27/05/2024 11:57

It's statute barred. As long as you do not accept responsibility or make any payment they can't do anything.

ageratum1 · 27/05/2024 12:26

Taciturn · 27/05/2024 09:48

This sounds like there is already a county court judgement against you. Made without your knowledge or presence.

No the letter isn't a judgement , it is asking me if I want to file a defence

OP posts:
Towerofsong · 27/05/2024 12:39

As long as you have not admitted to the debt in any way there is nothing they can do, it is over 6 years old.

Have you had papers from the court or is it a letter before claim from Cabot?

Towerofsong · 27/05/2024 12:45

Just reread your OP. Assuming you have not admitted the debt to Cabot, (either in writing or on phone call where you have been told it's being recorded), then respond to the court to enter your defence - explain you don't know anything about the debt, have not been sent any information on it, that this is the first you have ever heard about it and they appear to be saying you owe money from 30+ years ago which is way out of statute.

If you don't respond with a defence you don't get a chance to say that, and they can get judgment entered against you in your absence...which means a CCJ.

If you HAVE recently admitted the debt....I am not sure so check on money saving expert website, but I think you would have had to admit it in the 6 years after it happened and at regular periods since, to stop it becoming statute barred. So admitting it now doesn't matter as it passed out of statute 6 years after your last admitted it.

ageratum1 · 27/05/2024 13:26

Towerofsong · 27/05/2024 12:39

As long as you have not admitted to the debt in any way there is nothing they can do, it is over 6 years old.

Have you had papers from the court or is it a letter before claim from Cabot?

Papers from court.
I have made a SAR to see what they have on me

OP posts:
Towerofsong · 27/05/2024 19:09

ageratum1 · 27/05/2024 13:26

Papers from court.
I have made a SAR to see what they have on me

You will likely have to reply to the court before you get the results of a SAR through

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