Cabot - first letter

[Henriette]

Hi

 

I had a letter yesterday from Cabot Financial saying they will be paying me a visit on 4th August. The letter is incorrectly addressed (one word wrong in the house name, so actually next door's address). It gives no details of why they are interested in visiting. It just says the following:

 

'We will be calling on 4 August 2009 between 8am and 9pm. If this time is inconvenient please call us on 0800 328 9911'.

 

Nothing else apart from the reference number.

 

I have two old debts, one with a loan company (Co Op) and one with a credit card company. Both were passed to collection agencies around 5 years ago. I have been paying each of them £5 per month by standing order. I have moved house twice since that was agreed so have not seen any correspondence. I have never missed a payment.

 

I'm not sure that continuing to ignore these people is the best idea. Assuming they have bought one of the debts, I am now paying the original debt collector money which they are no longer entitled to.

 

What's the first step here? Presumably I need to find out which of the debts it is and how much it is for before I start requesting copies of agreements; and do I provide them with my correct address?

 

I'm panicking ever so slightly about this because I'm in a new home with a new partner and his kids and the last thing we need is some ****** hammering on the door. I've dealt with that before and it was dreadful! I found a letter on here revoking their common law right to visit my home - is that effective and enforceable? I won't be here on the 4th but I don't want them anywhere near here.

 

All advice very gratefully received

[spamheed]

They are trying to get you to telephone them to "discuss" your accounts with them. (increase your payments)

 

Have you ever queried these debts, or requested the CCA's?

 

A Doorstep collector has no legal rights whatsoever, despite whatever they may state in their correspondence. the Ice cream man is more empowered than these "people" so should someone actually visit (and this in itself is very unlikely) you are legally entitled to tell them to go away, if they refuse to leave, or become in any way unpleasant - phone the police

[cerberusalert]

'We will be calling on 4 August 2009 between 8am and 9pm. If this time is inconvenient please call us on 0800 328 9911'.

What they actually mean is that they will be telephoning. Debt collectors love to 'play' with words & give the impression that something is going to happen when it isn't. Their other favourite terms are may & if.

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[Henriette]

Thanks for the fast response

 

I haven't had any interaction with either of them since the agreement to pay the fiver a month, which I made when I was on benefits several years ago. That was done over the phone and they didn't confirm in writing because they wanted me to pay more.

 

I'm now working, but chose to ignore the demands for copies of my bank statements etc. I've never queried them or asked for any info.

[Henriette]

Brilliant letter - thanks!

[Henriette]

I've had a reply from Cabot.

 

They say that they have no paperwork on file and have requested it from the original lender; and they have returned my postal order saying that they 'do not accept the statutory fee required under section 77 and/or 78 of the Consumer Credit Act'.

 

Oddly they say the debt is to Barclays Bank and as far as I'm aware I do not owe Barclays any money. Plenty of other people, just not Barclays!

 

I think they may have got their wires crossed. Can't be a bad thing. I'll see what they come up with within the 12 days. They've said they will write to me again if they can't meet the deadline.

[PGH7447]

phising trip by the sounds of it and they have the wrong person, if it turns out not to be you send the letter to the oft and complain

[Henriette]

I've heard nothing back from them - I can either ignore this and hope that's an end to it; or contact them and push for them to either cough up or close my account. What do you guys think is the best approach? Presumably if they've cocked up here, I'll need that in writing if I'm going to submit a formal complaint?

 

Thanks

[vint1954]

I've heard nothing back from them - I can either ignore this and hope that's an end to it; or contact them and push for them to either cough up or close my account. What do you guys think is the best approach? Presumably if they've cocked up here, I'll need that in writing if I'm going to submit a formal complaint?

 

Thanks

Wait a little longer for them to reply.

[submissiveguy]

Sorry to jump onto this post,Cabot Financial are pigs its worth having a look at your credit file,

[Henriette]

Hi

 

Thanks for the advice.

 

I got a free credit report via Experian to try and work out what this debt was. There is nothing on my credit record. It did show that Cabot had accessed the report recently.

 

The only reference to Barclays on there seems to be my overdraft which is showed as having a zero balance (even though it's usually well used). Neither of my old debts are on there even though both have a negative balance, presumably because I've been paying them and they dropped off after a couple of years; those debts are with collection companies and not the lenders.

 

I think that either they are chasing the wrong debt; or they have really cocked up and are chasing the wrong person.

 

ALL of these debt collection companies are ****. I have dealt with them before but am starting to lose my fear of them, in part because you people are so helpful and knowledgeable. If they have cocked up here I want to cause them as much inconvenience as I possibly can.

 

I will try to be patient though I'll give them a couple more weeks and see what happens.

[hunni2006]

I've had a reply from Cabot.

 

They say that they have no paperwork on file and have requested it from the original lender; and they have returned my postal order saying that they 'do not accept the statutory fee required under section 77 and/or 78 of the Consumer Credit Act'.

How about sending Cabot a letter asking them to explain why they are chasing a debt that may not exist? ( if they have no paperwork proving it?)

[Henriette]

I assume they don't bother to get the paperwork until someone actually asks for it. Most people probably don't bother. I never have before. I'll give them a bit more time as vint1954 suggested and then challenge them on that I think.

 

This has been an education. I assumed that these crooks bought the paperwork, and not just some notional ownership of the debt.

[vint1954]

I assume they don't bother to get the paperwork until someone actually asks for it. Most people probably don't bother. I never have before. I'll give them a bit more time as vint1954 suggested and then challenge them on that I think.

 

This has been an education. I assumed that these crooks bought the paperwork, and not just some notional ownership of the debt.

Your barclays overdraft may show zero if they have sold it on. Not likely as they would have had to tell you. Do you still bank with Barclays and have a current overdraft?

 

Cerber's letter asks them to provide proof of the agreement that they are chasing.

 

Post again after a couple of weeks and we will sort out the next step. Cerber has a big library:D

[Henriette]

Yes, I still bank with Barclays and am using the overdraft. I've not gone over my limit for years and have never been contacted by them about any debts.

 

I'm actually looking forward to sending the sods another letter

[Henriette]

I've still not heard back from this lot. What do I do next?

[mr.ton]

You are now someone who knows your rights..so i doubt you will hear from them again

[cerberusalert]

I've still not heard back from this lot. What do I do next?

 

The muppets have probably realised you are not the person they wanted.

[Henriette]

So is there anything I can do to get them to confirm that; or is contacting people who don't owe you money reportable to anyone? I'm happy to devote some effort to inconveniencing them. I've been threatened and bullied by a lot of debt collection agencies over the years and sending letters to people at random seems wrong!

[vint1954]

So is there anything I can do to get them to confirm that; or is contacting people who don't owe you money reportable to anyone? I'm happy to devote some effort to inconveniencing them. I've been threatened and bullied by a lot of debt collection agencies over the years and sending letters to people at random seems wrong!

OFT and probably Trading Standards. I would throw in the FOS for good measure.

[Henriette]

Is there a form letter that I can use; or is it just a question of telling them what Cabot are up to? Sorry for all the questions, I really don't know where I stand with these people and appreciate any advice you can give me

[Bazooka Boo]

There is no standard template letter for complaints really, it's just you putting in your own words what happened, something you might find useful in raising a complaint about cr@pbot is How to Complainyou can do it on-line and you are more likely to get a response.

 

Also complain to TS through Consumer Direct

[Henriette]

This is interesting. And annoying.

 

After a long period of silence I've received a letter from a company called Mackenzie Hall (debt recovery and trace consultants). It says they've been instructed by Cabot to recover the debt. I still haven't received any evidence to suggest this is a real debt. They're threatening me with the usual stuff if I don't pay up within 72 hours. They claim that Cabot made 'repeated requests for payment', which they didn't.

 

The annoying part is that I failed a mobile phone credit check last week so it looks as though this fabricated debt may have made it onto my credit record. This could really screw me up as I'm in the process of buying a house. I'm in the process of obtaining my credit record from Experian to see what's going on.

 

Do I have to start again because this is a different organisation? Or shall I just explain things to them? Or ignore them? Or pass it on in another complaint? I'm not sure how to handle them.

[cerberusalert]

Send the Kilmarnock Cowboys this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute these muppets are the very bottom of the debt collection foodchain.

[Bazooka Boo]

Yes once you have received your Credit file (CRF) from experian you will be better advised as to who has been leaving muddy footprints all over it, and if the information is incorrect on your file, or rather, inaccurate, then once you have taken them to court and sued for damages, then you would receive £1000 per incorrect entry, however if because of any incorrect entry on your file it stops you buying this house, then the claim for damages will be considerably more, and professional legal advice should be sought.

 

I would certainly look at raising this complaint with the OFT and TS via Consumer Direct

 

If they have left inaccurate info on your file, well, you should at least get some holiday money out of them:D