Seahorse v Cabot

[Seahorse]

Story starts with Cabot phoning me yesterday to confirm "security details", ie Nmae, DOB, address, then put on hold to wait for an advisor. Eventually got fed up waiting, put the phone down, and did a Google for Cabot... loads of posts regarding this company, so I'm planning to fight whatever it is they are after.

Phoned again tonight by Scott from Cabot. Told him not to contact me by phone again, and communicate further by letter only. Maybe then I'll find out what this is all about, although I suspect it's an old Barclaycard account that I'm also planning to chase regarding unlawful charges. Can't think of anything else it's likely to be.

Just need to wait for their first letter so I can start contesting their so-called claim. Thank goodness for all the info here on this site. Time to start working out a strategy from the FAQ's, posts etc.

More as/when/if.

Seahorse

[sequenci]

hello!

some questions.

how old is the debt?
how much is it for? how much of the amount is made up of unlawful charges?
have you ever acknowledged the debt in writing?
when did you last make payment?

cheers!

[Seahorse]

If it is Barclaycard, it's from about 10 years ago, and indeed I did get into diffs with them then. I need to investigate further exactly what's what, but it would have helped if Cabot had written first rather than phoning up out of the blue. Early doors yet, but if I can find out exactly what and if I do still owe anything on the account, then at least I'll know where i stand. Until then, they can take a hike.

Seahorse

[tbern123]

Hello Seahorse..

Welcome to CAG and the Cabot Fan Club..... I would highly recommend you read the other Cabot threads.... then you will get a better understanding of how these guys work

[lookinforinfo]

In the meantime, might be an idea to read a copy of your credit file.

[sequenci]

Originally Posted by Seahorse

If it is Barclaycard, it's from about 10 years ago, and indeed I did get into diffs with them then. I need to investigate further exactly what's what, but it would have helped if Cabot had written first rather than phoning up out of the blue. Early doors yet, but if I can find out exactly what and if I do still owe anything on the account, then at least I'll know where i stand. Until then, they can take a hike.

Seahorse

thanks!

firstly, if you have not made a payment or acknowledged the debt in 6 years it will be statute barred under the limitation act 1980. the onus would be on them to prove to you that the debt ISN'T statute barred. you can send them the following letter.

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

WITHOUT PREJUDICE

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

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.”

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully
Mr A N Other




this should get them off your back!

[NailPost]

If the account is more than six years old you won't be able to chase the illegal bank charges either. But being statute barred, while the debt is still to be paid, it cannot be enforced by any means and by now will have fallen off your credit record.

If Cabot have reinstated the default then it is time to sharpen the knives out and write and tell them to remove it. If they refuse, or more likely ignore your demand, tell them you have already reported their transgression to the Info Commissioner and will start legal action to force its removal. In that event they will pay costs and may have to pay damages.

[payingonlyencouragesthem]

Cabot rang my work phone a few days ago. Hadn't heard from them for about a year before that. I suspect they have discovered I have got a new job and might be thinking about blackmailing me with a CCJ threat as a CCJ in my line of work could be problematic. Seahorse - did they ring you at home or at work?

[Seahorse]

OK, I've had a letter from them finally, and I suppose the delay (it is dated 22/12/06) could be blamed on the Christmas post. Originator is indeed Barclaycard, and I've quizzed the missus, who deals with all things financial in our house, who tells me we were paying a crowd called Mercers £50 a month to clear the Barclaycard thing up, up until about a year ago, never to have seen the balance ever reduce. She just stopped paying up to see what would happen, and I guess Cabot is what happened. Seems to me I must have paid back more than enough at that rate over the years to clear the outstanding default which she says was about 2.5K

Anyway, back to the Cabot letter, which was as a result of me telling them not to phone me again. Here's what they say. . .

"Whereas we much prefer to discuss matters, <I'll bet you do> we will accommodate your request, provided that you diligently cooperate with us.

If you do not, we will revert to telephoning any number that is available to us. <Oh no you bloomin well won't. Unless you want the police involved for harassment, that is>"

Some nonsense next about completing a budget plan to see how much to pay them, then. . .

"We do not wish to sound harsh, <that will be a first then from what I've read on the forum here> but if we do not hear from you within 10 days, our telephone procedure will be recommenced."

Hmmm.

Seahorse

[Seahorse]

Originally Posted by payingonlyencouragesthem

Cabot rang my work phone a few days ago. Hadn't heard from them for about a year before that. I suspect they have discovered I have got a new job and might be thinking about blackmailing me with a CCJ threat as a CCJ in my line of work could be problematic. Seahorse - did they ring you at home or at work?

Rang me at home. I suspect they don't have my new work number, and I just get called out from home anyway, so there's no point trying to get hold of me in the office as I'm never there anyway. Early days yet, but I'll just have to be firm from the start about no telephone contact. I'm at sea half the year as well, so I can see this dragging on a while.

Seahorse

[NailPost]

If you have written them telling Cabot (or whoever) not to contact you by phone then they must comply. The letter you ahve received which suggests they are doing you a favour and that they will not call only if you co-operate is nonsense.

keep that letter safe and keep a log of any calls from Cabot. If they do call refer to the letter only nature of your discussions and that you are terminating the call. Try and get the name of the monkey on the other end of the line, and ask if the call is being recorded.

If they continue to harrass you on the phone write to them (by recorded delivery) stating if one more call is received you will report them to the authorities for harrassment.

And if they do call after that then report them

[Seahorse]

OK, i've just got my online credite report from Experian. Makes rather interesting reading from a totally different point of view... It lists people I've never even heard of. Suggest EVERYONE gets hold of theirs. I'm now going to have to try to get these associations removed. But that's for another thread.

Anyway, turns out Barclaycard have registered me as defaulting on January 2006. No mention of Cabot who, as it is supposedly now their debt since they bought it from Barclaycard, should be listed? And Barclaycard should surely have marked my file as satisfied?

First mention from Barclaycard appears to be in Feb 2002 (about right as I was off work ill for several months around then). However, as all dealings from then I think were with Mercers, I've had no statements of account since way back.

So do I deal solely with Cabot now? Or should I still try chasing up Barclaycard, who have apparently sold the debt on?

Seahorse

[NailPost]

You should have received a letter from both Barclaycard informing you they had sold the debt on and a separate letter from Cabot welcoming you into their clutches. This is known as the deed of assignment. A debt that is not properly assigned doesn't exist and need not be paid.

If there are certain matters that need explaining I would write first of all to B'card and insist on an explanation. Bear in mind that B'card a and Mercers are the same company.

[Seahorse]

Just knocked up a quick angrygram to Cabot, and letting them know I will be writing to Barclaycard. The missus has dug out a default notice from Mercers from way back in January last year. The outstanding balance was just over 2K, which is roughly what it was way back at the start.

Bearing in mind that Barclaycard originally sent me an invitation to take on a pre-approved credit card at a time when I was going through several redundancies and had a terrible credit rating and grabbed this "lifeline" with both hands, and then they got all upset when I fell ill and couldn't keep up repayments, and you'll maybe understand why I'm a little peeved with them. Especially when it would appear now that despite passing the account on to Mercers (yes, I know, Barclaycard too) Debt Collection Agency, they merely kept taking my 50 quid every month without suspending the interest, so the debt never got settled.

Anyway, time to bang off a letter to Barclaycard. Maybe that will calm me down.

Seahorse

[tbern123]

Hello Seahorse...

If I was you I would CCA Cabot....

This is were it gets confusing.... Cabot Financial (Europe) Limited DO NOT buy debts. You will find following the CCA request that the debt has been assigned to a company called Kings Hill No1 Limited.

I would not waste your time with Barclaycard, from a business point of view they don't care about you and your debt. As this has been sold to Kings Hill, even if you repaid it in full Barclaycard would not recieve a single penny.

I have been dealing with Cabot and Kingshill partly in relation to an alleged Barclaycard debt. Following my CCA request I discovered that the agreement was not signed by Barclaycard, thsi it was not properly executed and unenforcable. I have just start legal proceedings against Kings Hill, in relation to the way they have behaved regarding another matter.

As for the phone calls... Strange response from them since they are fully aware of the legal position. I would keep that letter in a very safe place. If you read my Cabot phone call thread, it only took one email for them to stop.. Suggest you send it to kmaynard@cabotfinancial.c om (he is in charge of Cabot & Kings Hill)