cabot vs me...again!

[ruthie59]

Re: cabot vs me...again!

Hi,

I'm having horrendous problems with Cabot. They have been hounding me twice a day for the last couple of weeks, ringing my mobile and landline simultaneously. As I'm just getting over a broken hip it's very difficult to travel the distance from one room to another.

The 'customer care' people are very rude, aggressive almost, and I'm just about at the end of my tether with them.

Does anybody out there have any ideas how to stop these calls?

Ruthie

[FlamingParrot]

Re: cabot vs me...again!

Hi @FlamingParrot

Yes I received the claim form and responded on the 4th September, I do believe I have maybe 2 weeks left ?

Yes, around that, it's 33 days tops from date printed on claim.

Yes I do believe it to be Sb'd, I checked my credit file nothing remains on my credit to originals and I haven't requested an SAR due to work commitments, I hardly have time to do much! But this isn't an excuse lol! Guess it's still up to them to prove otherwise

It IS up to them! :grin:

If you didn't pay anything or acknowledge the debt in writing after you defaulted, then you should be fine. The problem is when defaults drop off credit files but people had been making reduced or token payments so debts are not SBd even after they vanish off the record. :mmph:

I understood that they didn't have to attach anything as far as making the initial claim because of course it is the start of a claim but then to deliberately chat garbage is pretty much the fashion nowadays!

Thanks for reply!

You don't wish to know how these guys are referred to! :censored:

[FlamingParrot]

Re: cabot vs me...again!

I'm having horrendous problems with Cabot. They have been hounding me twice a day for the last couple of weeks, ringing my mobile and landline simultaneously. As I'm just getting over a broken hip it's very difficult to travel the distance from one room to another.

The 'customer care' people are very rude, aggressive almost, and I'm just about at the end of my tether with them.

Does anybody out there have any ideas how to stop these calls?

See this thread: http://www.legalbeagles.info/forums/...om+harrassment
However, if you are not making payments, you wouldn't want to use the letter as is because that one does acknowledge the debt big time, :scared: so I drafted a modified version as below:

The template letters are just that, templates, a bit like the ones that come with Word if you see what I mean, meant to give you a starting point but they need adjusting to suit particular circumstances. The letter could be amended to something like this, where any specific mention of the debt or payments has been removed. The bit in red may or may not apply depending on whether you've already asked them to stop calling you or you just refuse to answer/go through security/hang up. :thumb:

Dear Sirs

DATE

I am writing to place you on notice that your company is causing me alarm and distress due to the frequency of the telephone calls which I am receiving, both at home and at my place of work. Whenever the telephone rings, I am left feeling anxious and ill at the prospect of speaking again with your company. Please be clear that these calls are far beyond a simple irritation or an unwanted interference, they fall clearly within the definition of Harassment. The calls at my place of work also have the potential to affect my employment.

[I have asked for these calls to cease however I have been told by your staff that they will continue to telephone me even though I have made it clear that I do not wish to discuss this matter further via the telephone.]

I have received calls from …………………… On the following dates:
1)
2)
3)
(cont’d overleaf if required)

I require you to ensure that the recordings of these calls are secured and protected and above all must not be deleted, erased or tampered with as they will be key evidence in a claim which I am preparing to bring against your company. Destruction of these records may lead to contempt of court proceedings being brought against you.

I require these calls to cease with immediate effect; I will not discuss any matters with your company by telephone. I draw your attention to the Court of Appeal ruling in Roberts v Bank of Scotland PLC (Rev1) [2013] EWCA Civ 882.

I require you to confirm by return that you have secured and protected the recordings of the calls detailed above, I also require you to confirm that these calls will cease with immediate effect. Relevant numbers to remove from your system are listed below.

If you persist in telephoning me, I will issue an application for an injunction under The Protection from Harassment Act 1997 and I shall also seek damages for the same on the principles laid down in Roberts v Bank of Scotland [2013].

I trust you will treat this as a matter of extreme urgency.

Yours sincerely XXXXXX

LIST OF NUMBERS NUMBERS AFFECTED:

[muk74r]

Re: cabot vs me...again!

If you didn't pay anything or acknowledge the debt in writing after you defaulted, then you should be fine. The problem is when defaults drop off credit files but people had been making reduced or token payments so debts are not SBd even after they vanish off the record.:

I haven't made any contact or payments pre 2010! So I would like to say that it should be Sb'd

[muk74r]

Re: cabot vs me...again!

Hello [MENTION=37786]FlamingParrot[/MENTION] it's the time again! Time to send my defence, tried contacting Restons to no avail, haven't heard nothing back from anyone else either, so should I send the standard defence doc in, amending with my details

[nemesis45]

Re: cabot vs me...again!

I haven't made any contact or payments pre 2010! So I would like to say that it should be Sb'd

6 years no payment or written acknowledgment in England & Wales 5 years inScotland.

nem

[muk74r]

Re: cabot vs me...again!

6 years no payment or written acknowledgment in England & Wales 5 years inScotland.

nem

Thanks for the clarification [MENTION=55034]nemesis45[/MENTION] ! I'm guessing it's somewhere around that region, I've had a look on my credit file and there's nothing on there to suggest otherwise, I'll give it a try anyway and see where we get to

[nemesis45]

Re: cabot vs me...again!

Thanks for the clarification @nemesis45 ! I'm guessing it's somewhere around that region, I've had a look on my credit file and there's nothing on there to suggest otherwise, I'll give it a try anyway and see where we get to

No entry for this debt at all?

nem

[muk74r]

Re: cabot vs me...again!

The only entry was from Cabot when they took over it and defaulted me in 2011, if you read up Nem there are some attachments I posted on here, should give a better guide

[Kati]

Re: cabot vs me...again!

No entry for this debt at all?

nem

The only entry was from Cabot when they took over it and defaulted me in 2011, if you read up Nem there are some attachments I posted on here, should give a better guide

here -

[nemesis45]

Re: cabot vs me...again!

Got it Muk! Thanks [MENTION=49370]Kati[/MENTION].

The default date register as 02- 2011 is of interest/concern you say payments pre 2010 when exactly payments ceased completely it what we need to know!

This is crucial if you want to file a statute barred defence, even though the onus of proof regarding the status of the debt fall upon the claimant it's always best to be sure.

Did you pay by direct debt? Do you have any bank statements or access to them showing when the last payment was made?

You could try phoning Vanquis and asking for the date payments ceased and it would be worth checking the default date, debt purchasers have been known to make " clerical errors" when up dating credit files.
nem

[muk74r]

Re: cabot vs me...again!

Thanks [MENTION=55034]nemesis45[/MENTION]
I will ring them and find out, unless they ask me to make an SAR request. Yeah I can honestly say that payments were not made later than 2009 and that would be early 2009 too and 2010 I know for sure I didn't as I couldn't make payments anyway being out of a job etc. That latest entry was made by Cabot so I think my guess is that they're going with that as defaulted dated but like I've said before since missing payments etc 2009, I have no contact not any payments and I used to pay cash at post office too

[nemesis45]

Re: cabot vs me...again!

Thanks @nemesis45 I will ring them and find out, unless they ask me to make an SAR request. Yeah I can honestly say that payments were not made later than 2009 and that would be early 2009 too and 2010 I know for sure I didn't as I couldn't make payments anyway being out of a job etc. That latest entry was made by Cabot so I think my guess is that they're going with that as defaulted dated but like I've said before since missing payments etc 2009, I have no contact not any payments and I used to pay cash at post office too

The default date sounds way off then!

Make the call and get back to us please.

nem

[FlamingParrot]

Re: cabot vs me...again!

Hello @FlamingParrot it's the time again! Time to send my defence, tried contacting Restons to no avail, haven't heard nothing back from anyone else either, so should I send the standard defence doc in, amending with my details

Hello
If you haven't sent it already it would be good if you could post up a draft. :typing:

[muk74r]

Re: cabot vs me...again!

ok sorry guys but upon calling CCBC today I find out that today is my time limit, they said I had 28 days TOTAL from date of ISSUE which was 1 September! bit strange because I believed it was from the date of acknowledgement! Never mind, so I have drafted quickly the defence, please take a look at attachments!

Thanks all [MENTION=49370]Kati[/MENTION] [MENTION=45113]Flaming[/MENTION]Parott [MENTION=55034]nemesis45[/MENTION]

- - - Updated - - -

i'll sign and email them to them no later than 4pm as requested