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Dear All, I need your advise, I was taken to Court 4 years ago by Cabot Financials and I won, the case was dismissed. Now Cabot is back writing threatening letters demanding payments and even passing on the accounts (the same ones they were defeated on) to external collection agency. What I want to know is can I drag Cabot back to County Court and claim compensation for harrassment and possibly contempt of court? is there a provision in law for this type of action? Thank You
im not sure whether this i the right forum ..maybe someone can assist if not. i have a debt on which a ccj was granted sometime ago. The debt has recently been acquired by Cabot Finance and although I have not missed a payment and the debt will be fully cleared within 10 years, Solicitors for Cabot wish to review the payments and have asked me to fill in an income and expenditure form. Do I have to complete this. ..am i legally bound to do so? and surely any changes in payments (which incidentally i cannot afford) would have to be agreed and subject to a court order. Views..comments please. Thanks
I have recently run into Cabot Finance, an experience that I would not wish upon anyone . The problem I have is as follows: 1. Following the sale of my house due to mental illness in 2001, I asked Barclays to close the current acount associated with my mortgage. 2. In 2009, whilst checking my credit file I was made aware that there was a default against my name logged by Barclays. (I have a copy of this credit record). The debt had arisen, not because of a credit agreement per se, but because Barclays had made an error. The debt was the accumulation of account fees that had been charged against my account, even though the account should have been closed. The statements had been subsequently sent to the house that I had sold. I had not given a forwarding address because as far as I was concerned, the account was closed and the house not longer mine. 3. Barclays acknowledged that they had made a mistake and cleared my account and any mention of it on my credit file. I even have a hand written fax from a Barclays manager requesting that their debt recovery department remove the debt because of Barclays error. 4. In July this year Cabot Finance started calling every day, sometimes twice a day for over a month. (I am still recovering from a 3rd bout of mental illness so this only added to my problems) 5. I complained to the CSA and the FSA as I stated there was not any grounds to contact me. 6. The CSA stated that there did not 'appear' to be any breach of their code of practice as Cabot 'claimed' that they were legitimately chasing a debt that was outstanding. 7. In September 2011 I received a letter from Cabot restating that I owed them (they had bought a debt written off by Barclays) the sum that had been previously written off by Barclays - a total of £186. Not sure how this had happed 8. Having checked my credit file again, Cabot have now logged a default on my credit record, thus making it impossible to even have a modest bank overdraft 9. After reading the advice on this site (thank you) I wrote the following letter; Please note that I do not acknowledge any debt to either Cabot Financial nor Barclays Bank. I require you to supply the following documentation in order that I may correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement in relation to the debt to which you refer. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account for such debt. I enclose a postal order made out for a £1 in order that you will supply a copy of such agreement and statement of account. 2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted by me to the relevant statutory authorities, including the FSA, The Financial Ombudsman and the Credit Services Association. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court regarding the claim that is issued. I have also noted that you have placed a default against my credit record. On the basis that there is not any basis for your claim I would respectfully ask that this is removed with immediate effect as there is not any justifyable reason that such default has been logged, which would also be contrary to the CSA Code of Practice and the FSA regulations. 10. Today (7th November 2011) I received a letter from Cabot asking me to CALL them. Other Facts It should be noted that I have not informed Cabot of the evidence I have (re Barclays fax above) as I was hoping that the onus or burden of proof was upon them to demonstrate by way of a statement etc that I owed Barclays money i.e. Cabot had to prove there was a legitimate reason for making demands upon me. QUESTION I WOULD LIKE ANSWERED A. Even though the debt relates to an alleged debt relating to bank charges, is this covered by the CCA and does my letter (see above) hold water? B. Should I write back to Cabot and state that they should refer to the letter I sent (see above) and reiterate my demands for proof of the debt. C. Even in the absence of the CCA not being applicable are Cabot obligated to provide me with proof of any alleged debts and the reason for them being outstanding. If so, is there any legislation or consumer law I can quote? D. In relation to the default, and on the basis that I can provide written evidence, should I write to the Information Commissioner to enforce the removal of the default by Cabot? If so, should I bring the following CCA paragraphs to their attention (from advice on this website): Removing a Default s159 Correction of Wrong Info provides, etc (1)Any individual (the “objector ”) given— (a)information under section 7 of the Data Protection Act 1998 by a credit reference agency, or (b)information under section 158, who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency (in this case Cabot Finance) requiring it either to remove the entry from the file or amend it. do note the rest of s159. in sum, they have 28 days to respond. either removing, editing, or taking no action. after, a further notice of correction can be requested to be added to the file. again, 28 days to respond. if refusing they should apply to the ICO for an order. an 'objector' can also apply to the ICO. failure to comply with an Order is an 'offence'.