Barclaycard debt & Cabot Financial

[Wheels60]

I have several creditors with whom I have come to an arrangement due to my circumstances. My only income is in the form of "Inalienable Benefits", and all have agreed to accept £1.00 per calendar month which I pay by standing order. However, one is giving me a problem. For the last three months they have written to me claiming that I have failed to comply with the agreement, and that they now demand payment in full immediately. I have responded explaining the position and enclosing a copy of their letter which states they have accepted my offer. They have not replied to any of my correspondence and continue to send these threatening letters monthly.

 

What should I do next?

[rebel11]

Hi Wheels60

 

Who is the Creditor? Then we can give specific Guidance. Have a read of 7 and 8 in my signature.

[Wheels60]

Original debt was Barclaycard. DCA is now Cabot Financial (Europe Ltd).

[Wheels60]

Debt originates from circa 2005, was dealt with under a Debt Management Program for a number of years, then I discovered the "Inalienable Benefits" rule and I took over early this year. Cabot have confirmed that they are receiving payments as these show on their statements.

[Wheels60]

No they have not backed off, received another letter today. Second one this month. I have responded once again pointing out that we have an agreement, and that I have complied with it and can prove that. I have accused them of harassment and told them that if it continues, I will take the appropriate steps. Trouble is, I don't know what those steps are, and that's why I now ask for advice.

[rebel11]

Hi Wheels

 

Have a read of page 20 onwards, but it might be an idea to read the whole thing, the OFT Guidelines on Debt Collection:- http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

Lodge a complaint with the OFT and Trading Standards. Generally their 'threats' come to nothing.

 

There is nothing to stop your writing to the CEO, explaining you agreement, your 'unfair' treatment and circumstances.

 

David Chan, Managing Director -

[email protected]

[Wheels60]

Many thanks all, especially Rebel - we shall see what happens.

[Bazooka Boo]

No they have not backed off, received another letter today. Second one this month. I have responded once again pointing out that we have an agreement, and that I have complied with it and can prove that. This is the problem, your responding to their letters when in fact, you should ignore them, you have set up a repayment plan with them, and if they can't work that out then let them waste their time and money sending meaningless letters to you.

 

I have accused them of harassment and told them that if it continues, I will take the appropriate steps. Trouble is, I don't know what those steps are, and that's why I now ask for advice.

 

The appropriate steps, would be to take legal action against them, applying for an injunction, however, once you realise that the purpose of these threats of 'imminent legal action' and 'official warnings' are psychological rather than actual, then these letters cease to have any effect or credibility.

[Wheels60]

Hi Bazooka Boo, I agree entirely with your statement that these threats are psychological rather than actual. However I was always taught that the worst thing to do about anything was nothing. So I always respond. I gets tiresome sometimes as I keep writing the same things over and over again. Have long since stopped feeling threatened or intimidated, and learned that in most cases these people tell lies about what they can or cannot do.

[Bazooka Boo]

They themselves are lonely, hence why they farm out thousands of letter to people with the same name all over the country, as soon as one replies, they then bombard them with irrelavent comic strip garbage in the hope they can con some money out of them.

 

I agree to do nothing is not the normal response, but then, these lot are not in any way normal, just like a child throwing a tantrum to get attention, once you begin to ignore them and they begin to realise they can't yank your chain, they go quiet and move on to the next person.

 

DCA's can be, and always should be ignored, they have zero legal rights, knowledge or training, they are simply something to play with.