Cabot and me

[Theo Ccupier]

I have to laugh. I'm now a Cabot Customer. But my son is applying for a job there. I wonder if he'll get to handle my account? Staff discount maybe?

[Theo Ccupier]

Have read some threads and looks like my best bet is to ignore them. I had an account with Barclaycard in the mid 90s and lost my job so couldn't pay more than minimum amounts Mercers got involved and even paying the amount I owed was going up so I wrote to say I wasn't going to pay any more. I have kept all my statements and taking off charges, I have overpaid by nearly 1000 pounds that was back in 2000. So looking around I can't be chased since it was over 6 years ago anyway plus I have more than paid them back what I borrowed plus interest.

 

I have already said no pone calls and they have stopped. Just waiting for Ruthbridge or whoever to get involved now cos it seems Cabot use them for really old debts from what I've seen

[Seahorse]

You are correct Theo. Your debt is way past being statute barred. If Cabot insist on harrassing you, just collect all the letters and keep them in a safe place. Assuming your last payment was in 2000, they can't touch you. Of course, if they DO get Ruthbridge involved, expect the phone calls to get threatening and abusive, as well as any letters they write. Again, keep them as evidence, use everyone's complaints procedure, and if they fail to stop, report to all and sundry. If that happens, let us know, and we'll help with letters etc.

 

Even Cabot wouldn't be stupid enough to take a statute barred debt as far as court. I hope. But they can make life miserable all the same. Reporting them seems to be the only answer to their "business model."

[Theo Ccupier]

Thanks Seahorse. So far they haven't been in touch except a letter saying they will just write so at lwst I dont have to worry about the phone ringing.

[Seahorse]

Whatever you do, NEVER talk to them. I suspect some of them have been getting additional training in being sneaky on the phone. Remember, their bonus is probably dependant on YOU agreeing to an unrealistic payment, even if in reality they can't lawfully ask for anything.

[djdave]

It's also interesting to note the following from the OFT guidelines on unfair practice in debt collection:

 

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.

 

Wait until you get something in writing from Cabot, then write back informing them that as the debt is statute barred you do not expect to hear any more from them. Then if they're stupid enough to keep trying, report them to the OFT et al.

[Unforgiving]

Thought: I'm not sure precisely how the law stands on this but I would re-iterate the point about NOT talking to people phoning about alleged old debts. Even if a debt hasn't had any payments made against it in over 6 years and appears statute barred I would worry that admitting that there WAS EVER a debt could override the 6 years of no payment and re-start the clock!

 

Fun dealing with 3rd party debt collection companies:-

 

If someone asks for personal details (date of birth, mothers maiden name, place of birth, in fact anything even including your full name), ask them for theirs first! They won't want to give you theirs but what's good for the goose. Completley flumoxes the half-wits.

 

Ask if the conversation is or might be being recorded. Presumably you don't have that technology so if it is you'd be disadvantaged and therefore couldn't possibly continue the conversation. Leaves them beautifully dumbfounded.

 

And when someone gets even slightly rude just politely explain that you are offended and will be writing to the alleged creditor to tell them how you have been mistreated and that you will never deal with that 3rd party collection company (in other words pointing out that they have effectively lost the account). This really works and is immensely pleasurable.

 

Meanwhile: What's happening with Cabot lately? Has there been a crisis? They've just written to me to notify me that they are discontinuing their two Court cases against me. (Wanted me to agree to no costs and no counterclaims first but I was having none of that!) Have they had their wrists well and truely slapped in COurt by any chance for failing to supply documentary evidence and/or comply with CCA 1974 requests? Anyone know anything. PARTY TIME!

[Unforgiving]

It's also interesting to note the following from the OFT guidelines on unfair practice in debt collection:

 

 

 

Wait until you get something in writing from Cabot, then write back informing them that as the debt is statute barred you do not expect to hear any more from them. Then if they're stupid enough to keep trying, report them to the OFT et al.

 

I would suggest that first you ask Cabot to tell you the date of the last payment made to the ALLEGED debt. Then you can point out that whilst you don't acknowledge ANY debt, IF their date of last payment is correct the ALLEGED debt must be statute barred as the date they give would be more than 6 years ago. Maybe I'm being overly cautious but I had a nasty experience once.

[Unforgiving]

You are correct Theo. Your debt is way past being statute barred. If Cabot insist on harrassing you, just collect all the letters and keep them in a safe place. Assuming your last payment was in 2000, they can't touch you. Of course, if they DO get Ruthbridge involved, expect the phone calls to get threatening and abusive, as well as any letters they write. Again, keep them as evidence, use everyone's complaints procedure, and if they fail to stop, report to all and sundry. If that happens, let us know, and we'll help with letters etc.

 

Even Cabot wouldn't be stupid enough to take a statute barred debt as far as court. I hope. But they can make life miserable all the same. Reporting them seems to be the only answer to their "business model."

 

Other possible "answers" to their business model might be...

 

Explaining that they have no relationship with you and that you consider their messages to be unsolicited junk mail which you insist must cease immediately and for which you intend to seek damages against them.

 

Enquiring how they got your personal details in order to contact you and explaining that you believe they must have violated the Data Protection Act and that you will be reporting them to the Data Protection Registrar etc.

 

Sending them a request for a copy of an original credit agreement and deed or notice of assignment for the ALLEGED debt under the Consumer Credit Act 1974 with a £1 P.O. (template letters available somewhere on this site I think) and then when they fail to comply within the statutory period (1 month plus 12 days I think) notify them that if they make ANY futher demands for payment whilst they remain in default of your request you will sue them for damages. And the bonus is that as I understand it, whilst in default of such a request they CAN'T initiate legal proceedings against you!

 

I have a list of so-called-wannabe-ex-creditors that I'm trying to find the time and energy to have a pop at for damages - no idea what the likelihood of success would be but someone has to have a go at them sometime.

 

Yeah I know, no posts for months and then I drone on in 3 for hours on end - sorry folks!

[Seahorse]

It is an unfortunate fact that to be able to force Cabot to comply with my s10 notice under the DPA, I have to specify damages apparently. Really, all I want to do is get them to behave and I have no interest in money, so I think I'll just be leaving damages up to the discretion of the court.

 

But yes, we will be going to court, if the ICO and CSA can't persuade them to play nice.

[djdave]

I disagree. Surely you can claim specific performance, asking the court simply to rule on a matter of facts rather than awarding damages. That's what I'm planning to do with Ashbourne Management in regard to their failure to comply with my s10 notice.

 

Of course, you could specify "compensation such as the court sees fit not to exceed £nnn" and see what mood the judge is in!

[Rhia]

Meanwhile: What's happening with Cabot lately? Has there been a crisis?

They've just written to me to notify me that they are discontinuing their two Court cases against me. (Wanted me to agree to no costs and no counterclaims first but I was having none of that!) Have they had their wrists well and truely slapped in COurt by any chance for failing to supply documentary evidence and/or comply with CCA 1974 requests? Anyone know anything. PARTY TIME!

 

Well it would be interesting to know if anyone else has experienced this...bearing in mind the fact that Cabot should not be issuing court papers at all unless they have undisputable paperwork to support their claims.

Yes I bet they want you to drop any counterclaim. Make sure you hit them for costs.

I think it is up to the courts to declare them a vexatious litigant but a complaint to the court may not go amiss.

They really are a Rolls Royce operation aren't they?

P.S. I've not been involved with any of these cases but to my knowledge there have been three that have gone down against them in past two weeks or so. There must be many more considering how many the silly sods go gung ho at. Couldn't happen to nicer people.