Will Cabot come round?

[GI Jayne]

My partner received a letter about 2 weeks ago from Cabot giving no details but asking him to ring them. They have now sent another one, still no details but say a representative will call at our address next week. Can they do this? My partner doesn't know who or how much he owes. He hasn't made any contact with them at this point.

[Guest]

Re: Will Cabot come round?

It is highly unlikely that they will send anyone to your home, certainly I have never heard of Cabot carrying out home visits.

Look around the forums, in particular here Cabot - Legal Beagles for plenty of information on Cabot.

[LuggerBugs]

Re: Will Cabot come round?

Cabot will call round the same day as the Pope gets his season ticket to Ibrox.

If they haven't bothered their sorry arse to even hint at what it's all about, I'd say they are phishing and don't even know if they are chasing the right person.

Your partner must NOT pick up the phone and call, no matter how tempting the prospect might seem.

[GI Jayne]

Re: Will Cabot come round?

They didn't come round but have now sent another letter saying if you respond within 30 days they are able to offer a discount of up to 30% to settle account. They have now said it is a credit card, have given an account number and amount owed.

Is it time to make contact with them?

[Mochamoo]

Re: Will Cabot come round?

Is the acc no. one of your partners old accounts?

When did he last make payment to it? If its 6 years or more its statue barred and they are just trying it on.


What ever you do DO NOT call them deal with them in writing only x

[GI Jayne]

Re: Will Cabot come round?

He doesn't know, i know that sounds silly but he seperated from his wife 2 years ago and went through a really hard time and doesn't know when this was last paid or contacted and doesn't have any paperwork on it

[Mochamoo]

Re: Will Cabot come round?

OK - Im sure someone will be in to correct me If i'm wrong x

I think if your not sure if its his or even if its statue barred make them work for their money - for all you know it could be the ex wifes card not his!

Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully




~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

[Curlyben]

Re: Will Cabot come round?

Sorry Moch, but I would go with a simple Prove It beofre laying in with the full CCA request.
I have recently had some good results from Cabot using exactly this tactic.

After all you can always fire off the full CCA at a later date

Dear Sir/Madam

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to (DCA).

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

PRINT YOUR NAME with a fancy font..

[GI Jayne]

Re: Will Cabot come round?

thanks guys

he has texted his wife as they are now on good terms and she seems to think he had a card with the company quoted about 10 years ago. Would there be a different tact with this in mind?

[Curlyben]

Re: Will Cabot come round?

Still go with the Prove It for now and see what, if anything, they have.
We'll go from there.