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Moody -v- Cabot


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Hello all.

 

I would be grateful for some advice, please. I apologise if this a little long-winded.

 

I have read some of the Cabot threads, but as I have health problems that affect my concentration, and am currently feeling particularly unwell, I am struggling to concentrate sufficiently well to read all of them or obtain all of the information I need.

 

I have been on an agreed payment plan with Monument for some time (after contacting the CCCS) and was assured that as long as I continued making payments (and I have, via Standing Order), the debt would not be sold.

 

I recently received two letters from Cabot Financial Group, informing me that my Monument account was sold to them. (I should also point out that I have never received a Default Notice from Monument, though a Default is marked on my Experian file.)

 

The first letter is dated 25th May and enclosed was a letter from Monument (or what is intended to look like one *cough* - cynical, me?) also dated 25th May, giving me notice of assignment of the debt. It states that my account was sold to Cabot Financial (UK) Ltd on 16th May 2007, and that the ‘arrangement you agreed with Monument … should be maintained with us.’

 

On 1st June, I was sitting waiting for a call back from a solicitor regarding another claim, after which I intended to tackle the Monument/Cabot issue. When the phone rang, I was caught off guard by someone at Cabot (they had previously phoned several times but I rarely answer the phone unless I am sure of the caller’s identity).

I informed him that not only was I on an agreed payment plan and have not received a Default notice from Monument, the account is currently in dispute over charges and I have issued a County Court Claim.

 

Totally ignoring what I said, he told me that I needed to set up a Direct Debit. Had I been in a better frame of mind, I would have simply informed him that I would not discuss the matter over the phone and would be writing to them. However, as I was feeling so unwell, have difficulty using the phone and dealing with people at such times, and wasn’t sure how I was going to proceed with the whole matter, I gave him my details. I am now kicking myself for having done so.

 

The second letter is dated 6th June and enclosed is another letter from Monument giving me notice of assignment of the debt (also dated 6th June). It states that my account was sold to Cabot Financial (UK) Ltd on 29th May 2007, and - this time making no mention of the agreement I had with Monument - I should contact them to discuss how to resolve the outstanding account.

 

Now I am unsure what to do. The first Direct Debit payment is due on 30th June. I assume that by setting it up, I have acknowledged the debt. Do I leave it for the time being, or cancel it and go ahead with a CCA request / some other course of action?

 

Any help anyone can give me will be most appreciated.

 

Thanks,

 

Moody

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Update

 

 

I just phoned Cabot and explained that I received 2 conflicting Notice of Assignment letters and wanted to know which of them is correct. The person I spoke to said that he couldn't tell, and that the debt may have been sold on twice or booked on twice. I insisted that I needed to know, and that I required written confirmation.

 

I asked whether the Notice of Assingment - which is supposedly from Monument - is actually completed and printed by Cabot, and he confirmed this.

 

I then informed him that the account is currently in dispute, and made it clear that I had already informed Cabot during their call to me on 1st June. He agreed that the account should not have been sold, then said there is 'potentially a dispute and it may have to be returned to Monument.'

 

 

He told me he would note on my account that it is in dispute with a court case pending. He is now passing my details to Cabot's Business Support Team. He said they will look at which Notice of Assignment is correct, and look into whether the debt should have been sold to them.

 

He then said I would receive a call back, possibly today. I asked him to give me a date by which my call will be returned if not today and he said:

 

'Well, then it should be tomorrow. But I don't know if it will be them or me who calls you. No doubt they will palm it back to me.'

 

Oh my God - they pass the buck? :o Who knew

;).

 

I'm glad I made the call. Now I guess I just wait...

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Hello Moody,

 

 

Do not contact them, or speak to them on the telephone.

 

From now on only communicate with them in writing! This way, you will have a complete record of who said what to who.

 

Believe me, if you make agreements on the telephone, they will deny that such an agreement exists, if it suits them. You will have no proof!

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