Dismissed Claim

[myotai]

Hello,

Back in 2017 I was successful in having a rather large claim by Restons 'Dismissed'.

The Order states:

1. The claim be dismissed
2. There be no Order as to costs

My understanding was that this was the end of the matter. There was no appeal (not sure they could have with a dismissal?) But either way I have not heard anything for two years. Until this morning when a card came through my door from 'Resolvecall' - I called and asked what it was about and they said CABOT (Prev Marlin?) had tasked them to get in touch with me to facilitate them talking to me about the same claim??? Resolvecall said until I allow them to put me through to CABOT they will continue to send people to my home.

I suggested they don't and if they do I will immediate;y call the police as I consider it harassment - especially given the matter was dealt with.

My questions are obvious:

1. I thought dismissed meant they cannot bring back a case already dealt with?
2. How can I stop them visiting my home again?

Thank in advance!

Tony

[GBExile]

Unfortunately you will just have to ignore it all.

The Financial Ombudsman Service will not stop them writing letters for a debt that CABOT feel is valid.

Cabot can start proceedings again but need a bloody good reason to do so.

However, if they visit your home it is another matter. That would be harassment & you can report that to the police.

I looked into this & dealt with it via the FOS but Asset Collections were the culprit. You are just wasting your time doing anything at the moment.

Just keep the letters & do not bother to contact them unless you get a brown envelope from the court.

[Amethyst]

Write to Cabot and tell them the claim was dismissed ( give them claim number and date and whether it was dismissed at hearing etc ) and to call off Resolve-call, that you consider it harassment and that if they continue you shall consider making a complaint to the FOS and/or taking legal action against them.

Why was the claim dismissed?

[GBExile]

Write to Cabot and tell them the claim was dismissed ( give them claim number and date and whether it was dismissed at hearing etc ) and to call off Resolve-call, that you consider it harassment and that if they continue you shall consider making a complaint to the FOS and/or taking legal action against them.

Ok send one letter. But why carry on? It's just best to ignore & get on with your life. The FOS will not do anything about it & I have that in black & white on headed paper from the FOS as a final decision.

Companies are legally allowed to chase debt that they feel is valid regardless of a dismissal.

Turning up at someones house is another matter.

[myotai]

oops! Two contradictory bits of advice.

One write...the other don't wrote!

Also GBExile I was under the impression that they cannot bring is back if its dismissed....set aside maybe but not dismissed???

[myotai]

Ok send one letter. But why carry on? It's just best to ignore & get on with your life. The FOS will not do anything about it & I have that in black & white on headed paper from the FOS as a final decision.

Companies are legally allowed to chase debt that they feel is valid regardless of a dismissal.

Turning up at someones house is another matter.

Letters I can deal with, blocking number I can do, But working from home as and having random people knocking on the door is another thing altogether,.

What can I do to stop that in its tracks.

[GBExile]

oops! Two contradictory bits of advice.

One write...the other don't wrote!

Also GBExile I was under the impression that they cannot bring is back if its dismissed....set aside maybe but not dismissed???

They can launch action again. They are supposed to ask the court for permission & give a good excuse. But a good excuse would be something like more evidence available. IE a form now available that was not available at the time or a semi-admission by you calling them up.

Don't call them. Writing only & I suggest you do what Amethyst says & write ONE letter to satisfy yourself but I wouldn't bother. Just ignore it all & get on with your life. They are just letters & you are getting sucked in again.

Oh & the FOS will do nothing. That is a promise.

You are not going to get people knocking on your door without a CCJ.

[Amethyst]

GBExile someone who was dealing with Asset/TM got an ombudsman ruling and compensation - I've just posted the letter on another thread. I'll fill in gaps later xx

Cabot send stuff to Resolvecall without much care/thought/diligence so unless you tell them to take it back and cease contact they don't know that resolvecall have it and are making pests of themselves. Resolvecall care not - their only job is to broker contact between Cabot and a 'debtor'. If there's only the debt that was dealt with by court and Cabot ( via Restons) lost the case you have nothing to fear by contacting them to tell them such.

[myotai]

They can launch action again. They are supposed to ask the court for permission & give a good excuse
You are not going to get people knocking on your door without a CCJ.

Hmm...thanks, but it seems my understanding is not what I thought it was!! My solicitor said that they had a period of time within which they could appeal/re-claim (like 30 days or something similar) but the difference between other judgements and a dismissal was the latter means the matter is done! No?

I am really confused now.

You are not going to get people knocking on your door without a CCJ.

But they did knock, thats my point

[ostell]

You write to them and remove right of access to your property

[GBExile]

GBExile someone who was dealing with Asset/TM got an ombudsman ruling and compensation - I've just posted the letter on another thread. I'll fill in gaps later xx

Cabot send stuff to Resolvecall without much care/thought/diligence so unless you tell them to take it back and cease contact they don't know that resolvecall have it and are making pests of themselves. Resolvecall care not - their only job is to broker contact between Cabot and a 'debtor'. If there's only the debt that was dealt with by court and Cabot ( via Restons) lost the case you have nothing to fear by contacting them to tell them such.

Filled gaps welcomed because Asset/TM got cart blanche authority by the FOS to continue with their actions.

[GBExile]

But they did knock, thats my point

They are not allowed to continue with their behaviour by knocking at your door. Totally unlawful.

[myotai]

Does anyone have a template I could access that would facilitate in

1. Updating CABOT with the fact that the case was heard and dismissed
2. Request the inform Resolvecall to cease any house calls

Very much appreciated thanks!

M

[myotai]

<bump!>

Sorry, I have looked but can't find anything that I can legally quote to CABOT to ensure they stop Resolvecall from knocking on my door again.


If someone can advise I'd really appreciate it.

M...

[pt2537]

Dear Sirs

Your visits to my property are both unwelcome and distressing. I do not wish to discuss any matters with your agents on my doorstep.

Should your agents continue to attend my home they will be treated as trespassers and removed accordingly, with reasonable force if necessary or with the police attendance. Further, any such visits will be noted and will be made subject to an application to the Court under s140A Consumer Credit Act 1974 on the basis that they amount to harassment, and therefore an unfair relationship. Should you be unsure of the legal position on this point i refer you to Harrison v Link Financial Limited which confirms that s140A CCA does extend to harassment.

Something like that should do the trick all you need to tell them really is to Friar Tuck Off