Tomlin Order in place but Cabot started hassling again.

[stikky62]

Hello all. I've not been around here for a few years so I'm a bit rusty and can't find my way around. Its all changed Is it still ok to post pictures of letters received etc?

 

This should be straight forward...

In April 2011 a Tomlin Order was put in place between Cabot (Morgan solicitors) and me.

The 'Schedule' stated monthly installments of £10 each month, and the payment plan may be reviewed annually by the parties on the anniversary of the order.

This has been paid regulary each month on time by standing order.

 

On wednesday (1st Aug.) I had a phone call from 'Quantum', a company I've never heard of before, asking me to go through some security questions. I asked them who the hell 'Quantum' was and they said they were Debt recovery working for Cabot. They asked if I'd received any correspondance from Cabot yet - answer, No. I mentioned we'd been to court last year and there was an Order in place; I'll check my paper work and get back to them. I got another call from them in the afternoon but to save time I told the person they'd already rung today, check your records. He did, apologised, and that was that.

On thursday (2nd) the correspondance from Cabot arrived - dated 1st Aug - with two letters inside. One was from Cabot and it said.. 'This is to notify you that as we have not come to an agreement to repay your account, Cabot Financial will be passing your account out to Quantum Debt Recovery Limited, a debt collection agency. If further legal action is required,,,,,they'll pass it on to Wright Hassal LLP, a firm of solicitors'. (ironic name )

The second was a 'Get in touch we want to help...' letter from Quantum.

 

As there is a Tomlin Order in place which has been paid regular as clockwork, what are Cabot playing at and how do I deal with Quantum?

Thanks.

[huggy41]

i think Brig knows abit about tomlin order i will see if he can drop into the thread for you.

[stikky62]

Thanks huggy

[citizenB]

This is naughty of Cabot to use a 3rd party agency to start harrassing you.

 

It is built into the Tomlin order that a review is to be done annually. All you need to is confirm to Cabot that there are no change in your circumstances, therefore there will be no increase in payments and the terms of the Tomlin Order will be maintained.

 

I would suggest you write your letter to Cabot Head/registered office.

 

If it were me, I would also add to my letter something along the following lines.

 

I am well aware of the terms of the Tomlin Order entered into. There are no conditions that suggest that you will start to write/make ambiguous statements as in your letter dated August, which advises

 

'This is to notify you that as we have not come to an agreement to repay your account, Cabot Financial will be passing your account out to Quantum Debt Recovery Limited, a debt collection agency. If further legal action is required,,,,,they'll pass it on to Wright Hassal LLP, a firm of solicitors'.

 

As there has been no breach of the Tomlin Order, then such letters as above and approaches from 3rd party agents such as Quantum are unneccessary and could be construed as harrassment.

 

I repeat, there are no change in my financial circumstances at this time and I will continue to honour the terms of the Tomlin order dated.... DATE

 

Yours etc.

 

 

 

 

HTH

[BRIGADIER2JCS]

You should write to the court from which the TO was issued,

this action by Cabot breaches the underlying ''security'' provided

by the order.

[cerberusalert]

You should write to the court from which the TO was issued,

this action by Cabot breaches the underlying ''security'' provided

by the order.

 

No doubt Cabot will rely on that old chestnut "It was a clerical error'.

[huggy41]

i think a certain amount should be taken off the outstanding amount due to the distress this has caused

[stikky62]

Thanks for all the replies - very helpful

 

I told Quantum I'd contact them once I'd looked through some paperwork and checked the facts, but they've rung twice since then anyway and no doubt will ring again soon. I'll have a bit of 'fun' if they ring again and then fire off that letter to Cabot.

[BRIGADIER2JCS]

Currrently I am seeing a considerable amount of harassment

from DCs where I have been involved especially in mediated

cases.

[BRIGADIER2JCS]

No doubt Cabot will rely on that old chestnut "It was a clerical error'.

Cabot have become evermore manipulative in their approach to ''litigation'' of late anyone at the stage of actual or potential litigation should be very careful and check every little detail.