Visit from resolve (Cabot)

[Mickos]

Hi all,
thanks in advance for any help.

Been a long time visitor of the forum due to my wife's situation with illness a few years ago.
I had a car from welcome finance about 10 years ago. I defaulted around 2011-2012 after I couldn't find work after leaving the airforce. Balance at the time was about 1500. I successfully claimed ppi from them, of which they informed had come of the remaining balance. I had that much going on at the time I didn't care. I wish I had kept paperwork to have a definite figure. I had a default on my credit file for a couple of years, but suddenly disappeared. Managed to get work, mortgage and a pair of kids.

Out of the Blue, 12 months ago I started receiving letters from Cabot. Stating they now own the account and I owe 1800. Unfortunately I have experience of these letters and just shrugged them off. I've got a nice collection on the kitchen cupboard.

More recently I received a letter from a company called Resolve. It informed me that they were now working with Cabot to restore our relationship as it has broken down.(I have not replied to anything Cabot have sent) . Resolve said they would visit me at home. Anyway, so when I returned home from work today a young man knocked at the door, said he was looking for 'my name' Now I had an idea what it was about. So I didn't confirm, I just asked who is it? He told me he works for resolve. I asked if it's to do with Cabot financial? He refused to comment until I passed some security questions. So I declined the questions and got passed an envelope. Just stating it was the first visit and some phone numbers to ring.

It seems like my little problem isn't going to go away anytime soon and really want to get it sorted once and for all.

Is it about time to send some correspondence to Cabot?
What are my options?
I also confirm I have not acknowledged this debt.

Cheers, Mick

[warwick65]

Re: Visit from resolve (Cabot)

Hi
Welcome to the dog house :-)

How much are they saying you owe now?

Depending on the balance may depend on what you do but you can send this letter to Resolve

Reference: 123456789
Please be advised that I will only communicate with you in writing.
I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.
Should it be your intention to arrange a doorstep visit, please be advised that under the FCA CONC rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or any representative of yours.
There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).
Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
Yours faithfully,

Type Name Here

Change the bit in red to suit
Some people say it is not worth the paper its written on but all I can tell you is that I have only ever received 1 doorstep visit ( for which I hadn't sent the letter) and I have several defaulted accounts for various sums.

You might want to send a S77-79 request to cabot with the £1 fee. That makes them produce the agreement .

Do you have the default notice or the exact date of default and did you make any payments after default - you may well be looking at Statute Barred or very close

[Mickos]

Re: Visit from resolve (Cabot)

Thanks for that Warwick,

Just talking to the Mrs and we reckon it's going to be around Sept 2017 the 6 years is up. Unfortunately we don't have an exact date because the default and file was removed with all the info(thank god) . Believe Welcome stopped reporting to agencies not long after it went bust. The alleged amount is around 1800.

I've read about the £1 request for the file. Is this safe do? As I've also read that this can be an admission to the amount owing?
Thanks again

[warwick65]

Re: Visit from resolve (Cabot)

Hi
The request for info is definitely safe as long as you use the correct template and keep copies . What you may hear are stories of debt purchase companies using the £1 to make a payment to your account thus extending the limitations period, hence it is important to keep copies . It is a request for info and not an admission

CCA Request I would use the third version as I think it is more specific where it says the account you deem to be mine- not an acknowledgement

You could I believe still contact Welcome to get all info that they hold on you this is a SAR and costs £10 - sent to the original creditor
http://www.wfs.co.uk/documents/cca-a...ct-sheet-v.1.4

SAR (Subject access request)

With the SAR ( should you decide to get the info) I would read the whole thread in that link and use one of the more comprehensive versions

Of course - if you send any letters and get any replies- keep copies , no point in asking for info and then just filing it in the bin
[MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION]
Any more ideas ?

[charitynjw]

Re: Visit from resolve (Cabot)

Morning [MENTION=98117]warwick65[/MENTION]

I haven't really heard much about Cattles (Welcome) since they went belly-up last year.
Resolve, I guess, is Capital Resolve, a debt collection/tracing outfit, so a ROIRA should see them off, but my take is that they've now done their job anyway.
I would say that the £11 (£10 for SAR, £1 for CCA request) would be money well spent.
There's a good chance that Welcome would be unable to find records.
If so, it leaves Cabot with a major headache.

[warwick65]

Re: Visit from resolve (Cabot)

Morning [MENTION=5553]charitynjw[/MENTION]

It if Welcome dod not have any details it would indeed leave cabot with a problem - thanks for the input

[Amethyst]

Re: Visit from resolve (Cabot)

I agree with Warwick and Charity -and I'd definately send a SAR to Welcome - you want to get details of the PPI refund and copies of the letters that stated a sum had been used to pay off the balance/go to reducing the debt. - check your bank how much you received from them vs how much the full refund should have been. Their records aren't great ( obviously ) so Cabot may well have been sold a dud account that had already been settled via the PPI claim.

Send the NORIA to Resolve and send a CCA request to Cabot.

Contrarily though, last time I had a doorstepper ( Moorcroft I think) was a couple years back, I did nothing, and I never heard another thing about it.

[Mickos]

Re: Visit from resolve (Cabot)

Thank you all for your advice, I will get onto sending the Sar and cca straight away.

Upon checking my old bank account, I have discovered the last payment to welcome was 11th May 2011. Would this be classed as SB? I did have correspondence later that year regarding claiming PPI.

Thanks again. Mike

[warwick65]

Re: Visit from resolve (Cabot)

May 2011 would make it a close call because of what it takes to trigger default/termination. At this point you need to delay delay delay

A CCA request might be the thing you need to delay it