Cabot/Mortimer Calrke obtained interim restriction order - HELP!

[pange34]

Re: Cabot/Mortimer Calrke obtained interim restriction order - HELP!

Hi Flaming Parrot from the paperwork copies I was sent along with the notification of application for restriction order cabot got the CCJ in August 2014 but again i was not aware of this I have dealt with a CCJ before and have responded accordingly and satisfied the judgement again its the old argument there word against mine for the letters being received

[pange34]

Re: Cabot/Mortimer Calrke obtained interim restriction order - HELP!

I did not inform the creditor of my new address the court claim was made using my new address and i have no documentation from cabot that they were issuing the claim or had won a ccj with my new address on or old for that matter they say they have proof of letters sent to my new address but have yet to provide me copies but did provide the FOB copies (again i have not seen these but i have been told they exsist

[pange34]

Re: Cabot/Mortimer Calrke obtained interim restriction order - HELP!

thanks for all the information much appreciated time to have a good read and decide my next move not going to let them get me down :decision:

[pange34]

Re: Cabot/Mortimer Calrke obtained interim restriction order - HELP!

I guess I need to request more information from sainsburys bank? can they tell me where the payment came from that they made to cabot?

[FlamingParrot]

Re: Cabot/Mortimer Calrke obtained interim restriction order - HELP!

I guess I need to request more information from sainsburys bank? can they tell me where the payment came from that they made to cabot?

You could send them a SAR but it will cost you £10 and they have 40 days to respond.

Was the account still owned by Sainsburys in 2010 or had it been assigned to Cabot? From what you say above, it looks like it was still with Sainsburys so they wouldn't have made a payment to Cabot.

Do bear in mind though, that the burden of proof would be on Cabot to convince a judge that the debt is not SB on the basis of the evidence they provide. :thumb:

[judgemental24]

Re: Cabot/Mortimer Calrke obtained interim restriction order - HELP!

If memory serves me right if you need to obtain information from sainsburiys bank then you will need to contact HBOS

[pange34]

Re: Cabot/Mortimer Calrke obtained interim restriction order - HELP!

And so it begins.....
In the past 48 hours I have had numerous calls to my place of work from Cabot and I have asked them to remove my number
The calls are from customer services and each time they want to confirm my personal details before they speak with me
I have asked them not to call me at work - I have even had calls to wok as late as 7.30pm i am aware of this as the number left on the voicemails matches cabot
Can they call me at work? And does anyone have a good letter template to them them to contact me only in writing?

[FlamingParrot]

Re: Cabot/Mortimer Calrke obtained interim restriction order - HELP!

And so it begins.....
In the past 48 hours I have had numerous calls to my place of work from Cabot and I have asked them to remove my number
The calls are from customer services and each time they want to confirm my personal details before they speak with me
I have asked them not to call me at work - I have even had calls to wok as late as 7.30pm i am aware of this as the number left on the voicemails matches cabot
Can they call me at work? And does anyone have a good letter template to them them to contact me only in writing?

Absolutely! It's based on the one posted up here but has been adapted so as not to acknowledge the debt as the original does so big time: http://www.legalbeagles.info/forums/...om+harrassment

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

LIST OF NUMBERS NUMBERS AFFECTED: