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Cabot/Restons Claimform - EE Mobile Debt.

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I wish I'd found these forums last week when I did a bit of researching online but came across a mass of other things and got confused.

 

out of the blue last week I got a letter from Restons Solicitors (dated September 1st) stating that I owe ME IV Limited £758.05 on an old EE mobile account.

 

They're saying they're instructed by Cabot Financial to seek payment of the outstanding balance and that if I fail to respond by tomorrow (Friday September 15th) then they are "instructed to request that the Court grants a judgment in Default"

 

The letter then goes on to state about possibly being able to pay in instalments and that I should ring them, go on their website and fill in income and expenditure or send back the income and expenditure forms that they also placed in the letter.

 

Another part says that the debt from EE is from the account opened in 2008 and was terminated December 2014. The date of assignment is 26 August 2016 and the last payment date was 13 June 2014.

 

I was with T-Mobile/Orange/EE for years with no late payments or problems.

In my last relationship my ex pestered me to add her and her son onto my contract with a sim for each of them.

 

It was a controlling relationship etc and she managed all the finances in the household.

As she has been prone to do with other debts, once she got wind she could ditch the debt and go elsewhere she did so, missing a couple of months payments then just ignoring it.

 

I left there in November 2014 and have been living elsewhere myself since.

Heard nothing about this company or debt whatsoever in all the time until last month (August) when I suddenly start getting letters and phone calls from Cabot Financial about it.

 

I set my phone to ignore the calls and kept getting recorded message voicemails.

Ignored the letters as to be honest I've been fuming as had built my credit up very slowly with low limit cards and have been paying them off to get my rating up.

 

On Clearscore the debt to Cabot Financial does show as a default but everything else is positive on there (aside from having low credit limits)

 

I've left it late wondering what to do.

Advice I did find from various sources said ignore it they're bluffing as it's mobile phone debt and under £1000 it'll never happen.

 

I want to believe that but then have come across a mass of info online saying how awful Restons are to deal with and how they almost always do go for CCJ's.

 

I really don't want a CCJ on my account the next 6 years and have been stressing and panicking about having to deal with courts and anything legal as it's all new to me and blowing my mind,

 

at the same time I don't want to contact Restons and start paying back tiny amounts for the rest of my life as I'm on a low income and can only afford to provide them with a token payment.

 

I'm annoyed at the situation and kinda adamant they won't see that money off me but I can understand that because the debt was still run up in my name that I'm going to struggle to deny responsibility there.

 

I've dealt with anxiety and depression for years and this is taking a large toll right now being honest. Also I dispute the sheer size of the debt as it could not have been more than £200 I'm sure, £300 tops if she dodged it a couple of months or so. I realise they add on charges but to more than double it is beyond ridiculous.

 

I spoke with National Debtline a couple of times the last couple of days.

They told me to send a template letter disputing the debt which I was about to go to my local library to print off and send recorded delivery today.

 

The circumstances of it being so late with their court threat date being tomorrow is bothering me and I realise I should have dealt with this sooner to at least give myself less panic about the date.

 

Is this letter the right thing to send?

Is it likely too late now anyway and do you think Restons will just throw it straight to court as they seem to be threatening?

 

They worded it not like they may but said they have been "instructed by their client to request the court grants a judgment" so that sounds pretty certain :!:

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Hi C78 and Welcome to CAG

 

Have you actually received anything in writing from CAboot yet ?

 

Dont be sending any letters just yet and do not speak to them on the phone (Caboot or Pestons)

 

 

Andy


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Hi Andy, thankyou and thanks for the quick response.

 

I had a few general debt letters from Cabot last month asking for the money or to contact them etc before I got the Restons one.

 

 

Since that I've had one last one which came after Restons letter did but is dated August 30th (so sent a couple of days earlier supposedly) that just states seeing as they've tried to contact me on several occasions and they haven't heard from me they've referred my account to Restons Solicitors.

 

 

It then states they will want to speak with me within the next 7 days to review my situation and help to arrange the most suitable solution based on my circumstances.

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Okay...thanks...so now your first task is to send a DSAR (Data Subject Access Request) to EE to request all the information on the account up until assignment.....template can be found in our Library the fee is £10.

 

They have up until 40 days to comply with this legal request.

 

Check your credrit reference files for information on this debt also.

 

As for Carboot and Pestons ignore them for now....


We could do with some help from you.

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If cabot has the debt, the debt is unenforceable. Its your job now to do your homework asap so you can stop them or their pet solicitor in their tracks.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks,

I'll print off the template and send it today.

I'll need to go over to my local library to print it off and sign it.

 

 

Can I get a postal order for the £10 fee when I'm posting as I don't have a cheque book?

 

 

This may sound like a silly question but I always pay on cards or automated systems normally so haven't done anything by cheque or post in forever.

 

Will Restons end up just throwing it to court and I get CCJ Letters while this is ongoing as you're saying not to speak with them or Cabot at all?

 

 

I didn't really want to speak with them in any way but just wondering if they'll think I've just completely ignored them so I'll end up with court letters popping through the letterbox.

 

 

It just scares me from the off once anything with court is involved is all as I have no legal knowledge on any of this whatsoever.

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They may take it to court, they may not. But the debt is unenforceable. However you need to do your homework so you can show it's not enforceable..

 

There's nothing to worry about with court though. There's.no judge in a wig. And there's a whole procedure both parties have to follow before it gets anywhere near court or a judgement.

 

Cabot and restons rely fully on you being scared so you pay them whatever they're demanding.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I see, thankyou for the advice.

 

I think that's the thing,

they no doubt prey on people who know nothing about the system and threats usually end up with people like me panicking and agreeing to pay at least something.

 

 

I refuse to end up paying back the amount they're saying and if I somehow end up with no choice then I'm determined they'll be waiting until I go to my grave to get it!

 

I don't sleep well anyway and the anxiety & depression issues don't help so my mind has been in a bit of a fog with it all.

 

 

I think coming across here at least this morning though has made me feel I can get steps along the way to follow so I appreciate that a great deal.

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All dcas work like this. They do not care about the debtor. They just want money. Plain and simple. Follow the good advice already given and you'll be ok


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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The only other thing I'll ask is that with my credit score being low but still by all accounts ok (and slowly improving) will this going to court wreck it again?

 

 

As I say the default is already showing to Cabot on my record but doesn't seem to have tanked it as I have a lot of positives through the address I'm at now and keeping on top of all my utilities and the small cards I was able to get to try and build things up again.

 

 

I'd be gutted to have my credit go to pot for 6 years again if the default turning to a CCJ will do that.

 

Also what happens with my current cards like Argos and Barclaycard.

 

 

If I'm paying them fine and have available credit on them, can they turn around and say "right no more for you, we see you have a CCJ" or will they continue to be fine and usable because I haven't missed any payments to them personally and already have my cards/agreement with them?

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The initial default remains on your file to 6 years...then falls off..irrespective.If they get a CCJ that will also show for 6 years from date of judgment.

 

And no it has no effect on any other credit lines you already have.


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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At least that's something on the current ones. I was panicking a bit there thinking as Christmas is round the corner with a young son who isn't going to be cheap to buy for I'm relying on cards to get the big bits and pay back gradually. Losing what available credit I have on them would have been a nightmare.

 

I'll pop over to the library shortly now and print off that letter thanks. That one gets addressed straight to whatever EE's head office is listed as does it? With the £10 Postal order included.

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The only other thing I'll ask is that with my credit score being low but still by all accounts ok (and slowly improving) will this going to court wreck it again basically? As I say the default is already showing to Cabot on my record but doesn't seem to have tanked it as I have a lot of positives through the address I'm at now and keeping on top of all my utilities and the small cards I was able to get to try and build things up again. I'd be gutted to have my credit go to pot for 6 years again if the default turning to a CCJ will do that.

 

Also what happens with my current cards like Argos and Barclaycard. If I'm paying them fine and have available credit on them, can they turn around and say "right no more for you, we see you have a CCJ" or will they continue to be fine and usable because I haven't missed any payments to them personally and already have my cards/agreement with them?

 

Completely dependant on the Lenders underwriting policies...


**Fko-Filee**

Receptaculum Ignis

 

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That last post concerns me some now again.

 

Just trying to find the best address for EE. Is it head office I look for or the address they list for customer complaints etc?

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No need to be worried. Try and relax.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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That last post concerns me some now again.

 

Just trying to find the best address for EE. Is it head office I look for or the address they list for customer complaints etc?

 

Dont be concerned about something you have no control over :)


**Fko-Filee**

Receptaculum Ignis

 

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It's just with wanting to make sure I can use those cards to get Christmas sorted. Makes me wonder about trying to use them now before any CCJ action potentially screws up me being able to use them again and I'm left panicking over Christmas.

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XMas will probably pass before this even gets near a court / judge etc

Besides that - Good advice here already... You know what to do so go fly eagle! :)

 

You havent had a claim form turn up yet... So when it does - Then start worrying... Worrying that Restons will lose :)


**Fko-Filee**

Receptaculum Ignis

 

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Haha that helps me feel better some then. I know I'm due to visit family for a few days in a couple of weeks so I pretty much had it buzzing around my head that I'd return to a letter from the court that's been in my postbox for days already.

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I gather this account was not taken out at your current address?

If so its a phishing letter

 

you ideally need to send some form of letter to Cabot

Officially informing them of your correct address

Else you are in danger of a backdoor CCJ you know nowt about?

 

The debt is more than likely all airtime not used till end of contract anyway?

So we've not seen them win on that with our help here yet


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The debt was from an old address with my ex years back. I can't remember when she stopped paying it but I left in 2014 (this letter states the account was terminated with EE literally a month later)

 

It would seem that I flagged up when I got the Barclaycard months back maybe? I don't know. I think that was April though and it was August when Cabot started sending letters and somehow managed to get my mobile number too (no idea how) the only other thing is if they have chased my ex with mail and she's given my details as we have a son together so we still maintain contact etc. She insists she's heard zero about the whole thing since I left but who knows.

 

The advice before says not to contact Cabot though. I have no idea how it got so high as I can't see it being more than £200 the original debt. To go to over £700 is ridiculous. I have no idea until I hear back from this SAR letter I've been advised to send about where they get that figure from.

 

Can I just ask again to be sure please as I need to go out and get this sorted....

 

Which address should I send it to with EE. I'm guessing it's recorded delivery that's best too? On their site there is a customer service address in Sunderland but of course I haven't been a customer in years so I'm not sure if it's the right one. Another site listing if you need to get legal and write to the complaints department seems to list the same address though. I don't know that you'd look up head office which I presume is a different address again?

 

Just want to make sure before I pay to send it off then find it's not gone where it should have.

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EE's website - Its buried in there

 

. Access and Control Your Personal Information

 

We want to make sure that any personal information we hold about you is up to date. So if you think your personal information is inaccurate, you can ask us to correct or remove it at no charge to you. Please contact our Customer Services team on the numbers below to do this.

 

Under the Data Protection Act 1998, you have a right to know what personal information we hold about you. If you'd like a copy of the information you are entitled to please write to The Disclosures Team, EE Limited, Hatfield Business Park, Hertfordshire, AL10 9BW, clearly identifying yourself and the information you require. We may charge you £10 to cover the cost of processing your request and supplying your information to you. We will ask you to provide identification to ensure we do not disclose your information to the wrong people. Please note that you can obtain copies of your phone bill free of charge on the 'My Account' section of our website.

 

You can always tell us that you do not wish to receive direct marketing communications from EE. But remember, if you do not want us to get in touch, you may miss out on valuable and exciting offers. If you would prefer not to receive direct marketing communications from us, simply let us know at any time by contacting us as below or by following the opt out instructions in the relevant communication. Please note that this will not stop you from receiving service messages from us.

 

Please call Customer Services on 150 from an EE or T-Mobile or Orange handset or 07953 966250 or 0845 412 5150 from any other phone if you wish to opt out of marketing communications. If you are a broadband customer, please call Customer services on 150 from an EE handset or 0800 079 8586 from any other phone.

 

Please note that it may take up to 96 hours to process your opt out request.

 

You can also make choices about the cookies and targeted advertising. For more information about this, please refer to our section on cookies.

 

Contact Cabot and Restons to update your address only - In writing


**Fko-Filee**

Receptaculum Ignis

 

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Ah thankyou very much, I got lost on there. Not on much sleep today. I'll use that address to send.

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So you ex still lives at the address where it was taken out at?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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