cabot and stayed court claim from mar 2019 - now Terminally ill informed cabot but they wont let up chasing

[MylittleFred]

This is about a debt passed to cabot.

Default date: March 2017

 

In Mar 2019 cabot issued a claim against my brother for a debt in the CCBC. My brother filed a defence and wrote to them asking for them to discontinue the claim due to serious mental health conditions and provided medical evidence.

 

Mortimer Clarke replied stating they were no longer pursuing the claim and would return to cabot. They did not issue a discontinuance that he is aware of. The claim stayed as far as he knows and was returned to cabot.

 

Cabot continued to pursue the debt via letters, all of them ignored.

 

In Jun 2022 my brother was diagnosed inoperable TI with 3-12 months to live. The cabot letters continued, I wrote to them not acknowledging the debt and on his behalf explaining the situation with medical evidence and asked them to leave him alone. They ignored this and contact increased.

 

I again wrote complaining but to the CEO this time explaining that their actions were harassment of a terminally ill person. Not only was the letter ignored but the level of contact increased.

 

We then then received a letter from the complaints  dept stating they would hold for 3 months (to see if he dies i presume) and then continue to pursue which they have.

 

We have ignored them from this point but now somehow they have got a hold of his telephone number and the calls and texts have started along with the letters inc. late night calls. He now has switched his phone off so he doesn't get calls from them but for us this means we can't get hold of him and is worrying as he is bedbound, very ill and alone in the house. He has been through gruelling treatment and cabots indifference to this is really shocking.

 

My question is

what course of action can he or i on his behalf take.

Does he apply for a strike out of the claim made in Mar 2019 or wait for the debt to fall off his credit report in Mar 2023 (3 months) or something else.

 

We really need cabot to understand that their actions are completely unacceptable by contacting him and not abiding by the letter they sent stating they would not longer pursue the claim.

 

We need contact to stop.

[unclebulgaria67]

Against FCA debt collection rules to harass someone in this situation.

 

As a compliant has already been made, I would suggest contacting the FOS to see if they will urgently intervene, by contacting the compliance officer at Cabot.  Hopefully the FOS if they are supplied with enough information, will deal with this urgently.

 

 

[dx100uk]

when was the last time HE used the credit? what is the debt type please?

 

 

dx

 

[MylittleFred]

I don't have the papers here but it was a credit card and he last used it in 2016 and defaulted in Mar 2017. 

[dx100uk]

then to all intent and purpose it could be successfully argued the debt is also statute barred.

the creditor took upto a year to issue a default notice .

[brassnecked]

What date was the last payment in 2016, if SB they have no excuse to chase for  it as such given the circumstances.

[theberengersniper]

I can't help you with the legal aspects, but one tip I would suggest may be valuable to you is to switch communication to a mobile telephone. All mobiles these days allow for call filtering, meaning that you can automatically block all numbers that are not on a 'white list'.

 

In your brother's case, your number and those of any other family, friends, doctor, hospital etc should be added to that list. The rest will be ignored automatically and his phone will never ring for them.

 

All of this is done via the mobile handset, there is no need to involve the network. If you want assistance in setting that up, I will be happy to provide written directions.

[MylittleFred]

We've decided to get him another number and let the hospitals / Dr's know the new number. 

We'll wait until Mar next year which is 6 years from the default date and then send the sb letter. They'll probably ignore that aswell.

There's no talking to cabot as they are completely indifferent to anyone's issues and just want money no matter what.