**DISCONTINUED** Cabot Financial AGAIN!!!

[princealbert40]

HI All,

Firstly many thanks for all your help and advice with this ongoing situation with Cabot.
As an update, I contacted Northampton CC. They emailed me confirmation of discontinuance in January. Since then have heard nothing more until two weeks ago. It would seem Cabot have somehow managed to obtain my mobile and Landline numbers, something they have never had before. The Landline is ex-directory etc. They are now calling at odd times day & night sometimes a few days apart. Obviously i have no wish to have any conversation with them. So my question is this, how do i get the calls to stop and bearing in mind this debt goes back to 2008 and has never been acknowledged or had any payment made and the discontinuance of them taking me to court 3 years ago now and the six year default period on my credit file ended over a year ago. As this is SB what do I need to do to get Cabot out of my life?
Thanking you in advance

[princealbert40]

HI All,

Firstly many thanks for all your help and advice with this ongoing situation with Cabot.
As an update, I contacted Northampton CC. They emailed me confirmation of discontinuance in January. Since then have heard nothing more until two weeks ago. It would seem Cabot have somehow managed to obtain my mobile and Landline numbers, something they have never had before. The Landline is ex-directory etc. They are now calling at odd times day & night sometimes a few days apart. Obviously i have no wish to have any conversation with them. So my question is this, how do i get the calls to stop and bearing in mind this debt goes back to 2008 and has never been acknowledged or had any payment made and the discontinuance of them taking me to court 3 years ago now and the six year default period on my credit file ended over a year ago. As this is SB what do I need to do to get Cabot out of my life?
Thanking you in advance

[Amethyst]

Are you certain Cabot are calling about the same debt and haven't bought another debt which they are chasing you for ? Might be worth checking what they want if they call again and then if it is the same debt, tell them its statute barred and they've already discontinued a claim they made (after you defended) and tell them only to communicate with you in writing in future. Then send them a letter confirming that a quote a couple of bits from the FCA CONC ( will dig some out in the morning for you ) and to cease harassing you. They've been doing similar to someone else today where their claim also was struck out/discontinued around the same time... so they might be going back over old ground to try drum up some funds...... who knows.... but they should stop if you tell them to formally. However, if it's a different debt, you might have to go through the process all over again, so worth finding out what they want first.

[Amethyst]

Roughly something like this should help;


Dear Cabot

Ref: xxxxxxxxxxxxxxxxxx

I am in receipt of your letter dated xxxxxxx. Please take note that I do not acknowledge any debt is owed to your company and treat this letter as a formal complaint.

I formally request that you cease contacting me regarding this alleged debt. I consider the constant telephone calls to be harassment and request you only contact me in writing, if absolutely necessary, in future. You have called me on the following occasions in the last month;
1)
2)
3)
4)

I find this to be extremely harassing and is causing me a great deal of worry and stress.

You will be aware that in 2015 you issued a County Court Claim (CLAIM XXXXXXX ) against me for this alleged debt. Following receipt of my defence you subsequently discontinued the claim and filed and served a n

otice of discontinuance in July 2015. In this respect I would draw your attention to Civil Procedure Rule 38,

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –(a) he discontinued the claim after the defendant filed a defence; and (b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim

and the FCA Handbook Rules CONC 7.11.6 Afirm must not suggest or state that action can or will be taken when legally it cannot be taken.

You will also be aware that the Debt is time barred by virtue of section 5 of the Limitations Act 1980, is fully and formally disputed and will not be paid. A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred ( CONC 7.15.8 ).

Please remove all my details from your systems, particularly the telephone numbers your company is using to constantly harass me about this alleged and disputed debt. Please confirm, in writing, that you have done so and that you will cease contacting me, within 7 days from the date of this letter. If you continue I may make a complaint to the Financial Ombudsman Service and consider taking action against your company for the harassment.

Kind regards

xxxxxx

[princealbert40]

Hi Amethyst,

Thank you for the reply.
I do not have any other debts, so cant be another debt they are chasing. The Letters in January refer to the original debt by lender & amount and "Welcome me to Cabot" !!...... I will diarise some more calls etc and then write to them. They seem to be starting the recovery of this debt as if nothing had ever happened, ie no default, no court action etc etc. I feel they are just trying it on

[Amethyst]

I feel the same. But they won't stop if you don't tell them to.

I wonder if they returned the original debt back to the creditor after failing to collect and got sold it back again .... lol

[princealbert40]

Are you certain Cabot are calling about the same debt and haven't bought another debt which they are chasing you for ? Might be worth checking what they want if they call again and then if it is the same debt, tell them its statute barred and they've already discontinued a claim they made (after you defended) and tell them only to communicate with you in writing in future. Then send them a letter confirming that a quote a couple of bits from the FCA CONC ( will dig some out in the morning for you ) and to cease harassing you. They've been doing similar to someone else today where their claim also was struck out/discontinued around the same time... so they might be going back over old ground to try drum up some funds...... who knows.... but they should stop if you tell them to formally. However, if it's a different debt, you might have to go through the process all over again, so worth finding out what they want first.

Hi
Yes its the same old debt, the letters in January state same details and amount..... maybe they did buy it again..lol......Luckily I do not have any other debts and certainly none in past eight years. Casting my mind back this all seems to have started again after applying for a credit card last november.....and they are the only credit firm who have my numbers which cabot are merryly ringing and have never had before. So I am assuming the CC Co have shared the info with Cabot or worse? Anyway Cabot are persuing this as though none of the past even happened. Thank you for your copy letter, I will send over the weekend to Cabot and see what nonsense they come back with!!

[princealbert40]

The court doesn't write to you when a claim is discontinued because the court didn't discontinue the claim (they have no powers to order that) only the Claimant can discontinue a claim.

That's done in accordance with CPR 38.3.

The Claimant files the Notice of Discontinuance at court which must state that the same Notice of Discontinuance has been served on the Defendant >

https://www.justice.gov.uk/courts/pr...es/part38#38.3

You need to check with NCCBC that the Notice of Discontinuance was filed because if it wasn't then the claim has not been discontinued (albeit you can probably remedy this retrospectively since you have your Notice of Discontinuance).

If a claim is discontinued after a Defence has been filed then a new claim cannot be issued based on the same or substantially the same facts without permission from the court (Cabot would have to make an Application). You say you filed a Defence.

When a claim is discontinued it's like it never happened so if the debt would be statute barred by now (due to six years since last payment, defaulted and/or no acknowledgement by you) then it probably is. The 'interruption' of the claim issued in 2015 makes no difference.

Call the court to check the status of the claim (stayed or discontinued) then send a copy of the Notice of Discontinuance to Cabot who may not be aware of the situation if Restons failed to tell their client at the time.

Once discontinued Restons would have nothing more to do with the claim/account.

Di

Hi

Just an update.......!!!

Confirmed with Northamton case disscontinued and have email from NCC to confirm this.
Had a few phone calls from cabot but these stopped around April this year.
All quiet until today..........

Have a letter today from RESOLVE CALL on behalf of CABOT saying if I dont contact them they will visit etc.

For a debt with no payments and no acknolwedgement since 2008 and having had CCJ court action discontinued in 2015 by them as no CCA, these parasites on society never sem to stop. Merely by the elapsed time this is SB and unenforceable?

Any advice much appreciated.

[Amethyst]

Good news on the discontinuance.

Should reply to ResolveCall and tell them to bog off.... can you post a pic of the letter pls but basically you want to say this is statute barred, unenforceable, please cease contacting me and you certainly do not have any permission to visit my home.

Maybe adapt the one you sent to Cabot - https://legalbeagles.info/forums/for...39#post1405039

[princealbert40]

Good news on the discontinuance.

Should reply to ResolveCall and tell them to bog off.... can you post a pic of the letter pls but basically you want to say this is statute barred, unenforceable, please cease contacting me and you certainly do not have any permission to visit my home.

Maybe adapt the one you sent to Cabot - https://legalbeagles.info/forums/for...39#post1405039

Hi

Many thanks.
Will contact them by letter
Gladly upload pic of their letter..... But can you tell me how to post it etc

[Amethyst]

There's a bit of guidance here - https://legalbeagles.info/forums/for...-and-documents ) basically click the paperclip icon then click upload attachments ) or email me admin@legalbeagles.info

[princealbert40]

Here is the letter from Resolvecall.

[princealbert40]

Hello,

Here is an update......... Email to Resolvecall and their response.

I am in receipt of your letter dated 26/10/2018. Please take note that I do not acknowledge any debt is owed to Cabot Financial or your company and treat this letter as a formal complaint. I formally request that you cease contacting me regarding this alleged debt and you do NOT have any permission to visit me as stated in your letter. Any breach of the above will be considered harassment.
You MAY be aware that in January 2015 CABOT issued a County Court Claim at Northampton CC against me for this alleged debt. Following receipt of my defence CABOT subsequently discontinued the claim and filed and served a notice of discontinuance in July 2015. In this respect I would draw your attention to Civil Procedure Rule 38,
A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if (a) he discontinued the claim after the defendant filed a defence; and (b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim and the FCA Handbook Rules CONC 7.11.6 A firm must not suggest or state that action can or will be taken when legally it cannot be taken.
You MAY also be aware that the Debt is time barred by virtue of section 5 of the Limitations Act 1980, is fully and formally disputed and will not be paid. A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred (CONC 7.15.8 ).
Please remove all my details from your systems, about this alleged and disputed debt. Please confirm, in writing, that you have done so and that you will cease contacting me, within 7 days from the date of this letter. If you continue I may make a complaint to the Financial Ombudsman Service and consider taking action against your company for the harassment.

Reply from Resolvecal,

Good afternoon,
Thank you for taking the time to contact us.
As we act only as a reconnection company for our client, can we please ask that you contact us on 0141 212 0517, Monday to Friday 8am until 8pm, and Saturday 9am until 2pm, in order for a member of our team to be able to assist you further.
Please accept our apologies for any inconvenience that this may have caused. We look forward to speaking with you.
Yours sincerely,

Cassy Anderson
Correspondence Team

[princealbert40]

Further response from me & Resolvecall reply.

Good Afternoon Resolvecall,

Thank you for your reply and acknoweledgement to my previous correspondance. As previously stated theirin this matter is statue barred and unenforceable, as such I will NOT be making any payment. I have no wish to reconnect with your client. I also have no wish to speak to any representative of your company with regards to this matter. Also as previously stated I ask you to remove all details relating to me from your companies records and any further contact from your company other than to confirm you have removed my details and relayed this correspondance to your clients, will be deemed by me as harrassment. I would respectfully suggest you relay this and my previous correspondance to your clients forthwith.

Response from Resolvecall

Good morning,

Thank you for taking the time to reply.

We have noted your comments, however due to the stage that this matter is at we are unable to assist you via e-mail regarding this matter. We would ask that you contact us on 0141 212 0517 Monday to Friday 8am until 8pm, and Saturday 9am until 2pm, and a member of our team will be happy to help further.

We look forward to your reply.


Yours sincerely,
Kimberley Munley

[Amethyst]

Ughhhh. Maybe write to Cabot again then and tell them to call Resolve Call off, and remove your data. Include copies of your letters to and from Resolve Call so they can see how Resolve Call are acting on their behalf.