Help with Cabot please........

[Piston_Broke]

Hi,

 

I should probably introduce myself first, I'm a middle aged guy with some mental health 'issues', and have a recurring pain in the bum that goes by the name of 'Cabot'

 

I'd like to try to be brief....but I think that's not really possible....so sit back.....grab a drink/smoke/choccy biccy and enjoy the read.

 

Any/all info would be very gratefully received.

 

 

Several years ago I got into debt with some credit cards/Retail credit agreements and the approximate details are shown below:

 

 

RBS........... Credit Card---------------£2000---------------July 2004

 

C********* Financial Services--------£3000---------------March 2004

 

P******** Credit Card--------------£4000---------------Sept 2002

 

A********* Credit Card--------------£2000---------------May 2002

 

 

I duly ignored all correspondence from the companies concerned and the accounts/debts were then purchased by Cabot.

 

At the time I had absolutely no way of even making token payments to Cabot.....so I just buried My head in the sand and ignored them.

 

During this time I was living in My current address with a close relative....and He/She was concerned that Baillifs/Debt collectors would call at the house and snatch up our property. (I was of the opinion that as it was an unsecured debt/loan then Cabot and the baillifs could do nothing).

 

One evening (can't remember when....maybe 2 -3 yrs ago?) Cabot telephoned again and again....and My relative answered the phone....

During the conversation it was established that I was present but did not wish to discuss anything with Cabot over the phone....I was asked by My relative if I would 'OK' Him/Her to be able to discuss the matter with Cabot on My behalf...the phone was passed to Me and I duly 'OK'd' it.

 

 

Fast forward to present day:

 

My close relative recently passed away after a long and painfull illness (bless them).

 

I get a phonecall 'out of the blue' stating that I owed Cabot 12 grand and how/when was I going to make payment?

 

Unbeknown to Me.....My Relative had been paying approximately £50:00 per month (divided between the 4 accounts).

 

I explained the recent death.....that I had no idea that ANY payments had been made.....and that at this time I am unable to make any payments.

 

I receive income support topped up with DLA....I do not as yet receive housing benefit or council tax benefit payments, (although I'm in the process of doing so).

 

I still havn't been able to pay the funeral expenses!..........although a claim is being processed at this time from 'The Social Fund'.

 

A few days passed.....then came demanding letters from Cabot....4 at a time! (one for each account).

 

These letters stated that they would instigate recovery agents if the debts were not met in full.

 

Then one morning (at about 7am) there was a knock at the door....I thought the worst....hid in the shadows.....and waited for the vehicle to leave.

 

I then logged onto Cabots website...(in a bit of a panic)....registered...and set up a Direct debit for £1:00 per month on each account.

 

When 9am came around I telephoned Cabot (DOH!) and explained what the situation was.....and that I appreciated that £1:00 was not a huge amount to be paying BUT I could definately begin making payments....with a view to reviewing monthly amounts when I had a better grip on My financial income and outgoings.

 

The Rep I spoke to said that was fine...and subject to acceptance of My offer.....the files would be ammended and no further interest would acrue.

 

It was during this telephone conversation that I asked about the dates of the debts and that's when the details were read out to Me.

 

 

Then I 'GOOGLED' Cabot.....and found this place!......I panicked at what I was reading.....and called My bank to stop the direct debits......as they had not been registered with the bank by that time,I waited until they did....then cancelled all of them.

 

 

 

So that's the score to date,

 

I have many questions.......but I feel the answers will come apparent without me needing to ask them.

 

To all the knowledgeable people who read and post on this forum.......

 

 

 

Please.....step by step.......what should I be doing now?

 

 

and because I can't resist the temptation a lil question to start the ball rolling.....

 

Did I do right to cancel the direct debits?....seeing as how I personally have never paid a penny on these debts and 2 of them are more than 6 years old?

 

 

Many thanks (in advance)

 

P_B

[tronny]

hi piston, dont panic m8 you will get all the help you need here on this site. first of all cca requests to cabot re all your debts outstanding. letter templates etc are all avaliable here as is the very best of info and guidance. good luck my friend.

[berrylover]

Send Cabot a letter for each account, with a £1 postal order. DO NOT SIGN THE LETTERS. They have 12+2 days to get a copy of your consumer credit agreement to you, or the debt is unenforcable until they do. Meaning that if they cannot come up with a valid CCA then you do not have to pay them anything at all.

 

Check out this letter below. Send it recorded delivery so you know they have received it.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

Re:

Dear Sir,

With reference to the account above I would be grateful if you could send me a copy of the signed credit agreement.

I understand that under the Consumer Credit Act 1974 (sections 77-79); I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of the credit agreement should be received within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

[Piston_Broke]

Thanks for the swift replies folks.

 

I have a few questions though,

 

Is it £1:00 per account?

 

Are cheques ok....or does it have to be postal orders?

 

Is it ok to send one recorded delivery envelope with all four letters enclosed? (Moneys very tight at the moment)

 

 

 

Many thanks

 

P_B

[tronny]

hi piston, yes £1.00 per account postal orders only do not sign cca letters only print your name at the end i.e mr/mrs PISTON BROKE, lol. I would send off all four in seperate envs recorded currently stands at 1.08 per letter. I would send off all four seperately so u can match up each postal order reference with each recorded letter so u know which if any have been cashed and to which cca it refers. regards tronny

[Piston_Broke]

hi piston, yes £1.00 per account postal orders only do not sign cca letters only print your name at the end i.e mr/mrs PISTON BROKE, lol. I would send off all four in seperate envs recorded currently stands at 1.08 per letter. I would send off all four seperately so u can match up each postal order reference with each recorded letter so u know which if any have been cashed and to which cca it refers. regards tronny

 

 

Thanks Tronny,

 

I've just sorted the letters(not easy typing in 22 digit acc numbers when you're dyslexic with a hint of OCD thrown in for good measure LOL:D)...and will send them as you advised.....many thanks buddy......

 

I'll update this thread as and when I know/hear more.

 

 

P_B

[Shawn0109]

Piston likepeople have said when you CCA a DCA dont send a cheque send a postal order and I do hope you didnt sign any letters that went with them, you will be surprised by this but whats the bet they will give you oh yeah letter we will get in touch with the original creditor and get the cca of themand pass it on to you, you will be amazed that they might say to you oh blah blah blah we dont have a cca and neither does the original creditor, I to am being chased by this lot and gonna cca them this week along with 4 other accounts that Lowell is trying to collect on and one with the other dick heads capquest, here is my latest thread I just won today have a look http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/177871-me-lowell-financial-costs-6.html#post1946184 remeber the golden rule dont talk to them on the phone dont even answer the phone if you do and say can I speak to so and so they always use the first name and you thik it's a friend or something dirty trick, do everything in writing everything, the clock will start ticking down as soon as they sign for your CCA requests then lets see what these dumb donkey people have to say then.

[Piston_Broke]

Update

I followed the most excellent advice (as seen above) THANKS GUYS!!!.....and here's what happened.....bulletin stylee coz I'm lazy!

 

 

CCA'd em.......

 

"We will endeavour to retrieve info etc etc etc........." letters came back from crapot..........

 

They stopped telephoning Me.............

 

They acknowledged My "do not visit My home address request"

 

They sent 'balance recalculation' figures......that included "background interest" LMAO!.....on a week/10 day basis....

 

They have admitted they can't prove all but one of them...........

 

*The one they could prove was already sited in county court 5 yrs ago...and a CCJ is served for that one.....£3800 (in 04).......yet that account has background interest now up to some £8200.......*

 

They have to date (last week-ish).......now said that all their accounts except * are "irrecoverable":D

 

here's the relevant paragraphs....

 

NOTE: You will have to read them slowy as I can't type very fast....

 

 

 

 

We have made several urgent requests to "Royal Bank of ******" to forward any documentation relating to your account to us.

Unfortunately Crapot has not received documentation due to a delay in retrieving thisinformation from their archives.

 

Please be advised, that the failure to provide a copy of your agreement withing the agreed timeline does not affect the legality of your debt with the Crapot Financial Group but merely renders the credit agreement unenforceable until such time the agreement can be produced.

 

Ican confirm that Crapot has taken the decision to treat the balance outstanding on this account as irrecoverable.

Please note that this decision is not to be confused or interpretted as a write-off of the outstanding balance on your account as the debt legally remains. Please be advised that although Crapot has treated the above account as irrecoverable, We shall continue to report to the Credit Reference Agencies accordingly.

 

Notwithstanding the above, Crapot will continue to request these documents from the original lender and in the event Crapot obtains the information as requested by you, at a later date, we reserve the right to recommence collection on your account.

 

I trust I have set out our position clearly.

 

Yours sincerely

 

Mr I P offen

 

 

 

 

 

Thank You guys so much You saved Me thousands.

 

P_B

[Piston_Broke]

Sorry.....I meant to put in a total amount that this site....and You guys saved Me from paying.......this includes a rather substantial amount of their 'background interest'

 

 

 

 

 

£23,117.32

I have made a donation to the site......so that everyone can continue to help others.....passing it on..... by doin the right thing.

It wasn't a vast amount (on DLA benefits)....but I hope it goes to help others as You and this site helped Me.

God bless You.

P_B