Unexpected letter from Cabot

[ZED]

Many years ago my small credit card debt was bought by Cabot, and I agreed to make repayments of £15/month to clear the debt.

During this time my relationship with Cabot wasn't particularly amicable ... basically they kept trying to persuade me to increase the £15/month, which I wasn't in a position to do. Following advice from the C.A.B I wrote to Cabot on two separate occasions to complain about harassment. (They were bombarding me with telephone calls ... the C.A.B drafted a formal complaint letter re: breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. Also The Communications Act 2003, s.127).

It has been 2 years 9 months since Cabot and I parted company ... but out-of-the-blue I received a letter from them this week, complaining that I hadn't made a payment since 1st May 2009! (As far as I can remember, this was my final payment: and the debt was cleared). Anyway, they want me to call their 'Customer Assurance Department' ... which obviously I have no intention of doing ("Assurance"???)

Their letter states that I have two weeks in which to contact them to discuss the re-commencement of monthly payments ... failure to do so will result in my account being referred to their Collections Team.

I've written to ask them what amount they think I still owe.


Actually I'm rather bemused by the fact that they've allowed almost 3 years to pass before complaining about the 'lack of payments' ... whereas in the past I was very actively pursued if my payments were even a couple of days overdue!

Something that I'd like to ask ... do debt collection agencies generally provide their 'clients' with annual statements so that we can check for accurate accounting, and see how our debt is dwindling?

[Curlyben]

Re: Unexpected letter from Cabot

File it under I and see if they can be bothered to write again, which I seriously doubt

[bluebottle]

Re: Unexpected letter from Cabot

Hi ZED,

What sort of filing system do Cabot use, old shoeboxes stacked against the wall? It certainly sounds like it! This bunch of chancers really do need a good hard kick up the backside! They are not content with being warned about their conduct under the Administration of Justice Act, Protection from Harassment Act and the Communications Act and, yet, they still pop up again demanding money.

You are correct in asking them how much they think you owe them. Have you asked them for proof of lawful debt yet? If not, that is the next step. If they still persist, throw Sections 2 and 12, Fraud Act 2006 and Section 21, Theft Act 1968 at them. You can download copies of both pieces of legislation at Legislation.gov.uk.

Claiming that someone owes another money when they don't is a criminal offence under Section 2, Fraud Act 2006 (Fraud by False Misrepresentation). Don't be taken in by any claims of errors. You don't have to make any claims deliberately. Being reckless as to the accuracy of a statement is enough. Section 12 of the Act deals with offences committed by companies and the liability of directors, company officers, company secretaries and managers for such offences. Making unwarranted demands of another and using menaces (threats) in order to reinforce those demands is a serious criminal offence under Section 21, Theft Act 1968 (Blackmail). Here, don't be taken in by any claims that any threats made are made in the belief they had grounds for making them. In reality, the defendant has to first prove they have a right in law to make threats and second they have to prove any threat is a proper means of enforcing a demand.

On the face of it, in your case, Cabot have no grounds in law for making any demands or threats whatsoever. Wait for them to tell you how much they think you owe them, then wait for proof of lawful debt to arrive. If this doesn't materialise, wait for them to start making threats. Give them enough rope to hang themselves with. I suggest two letters would be sufficient. Then reel them in, hook, line, sinker, the lot!

You can then report them to Trading Standards and, if necessary, the police, also, at your leisure.

Let us know how you get on.

Bluebottle

[ODC]

Re: Unexpected letter from Cabot

Cabot obviously see you as a soft touch because you paid them once in the past. they are legally obliged to send Annual Statements. I get them from the Leeds Losers even though I haven't paid the a penny

[ZED]

Re: Unexpected letter from Cabot

Cabot obviously see you as a soft touch because you paid them once in the past. they are legally obliged to send Annual Statements. I get them from the Leeds Losers even though I haven't paid the a penny

I don't think I've ever had an annual statement from Cabot!
At one point (following a slightly late payment) they sent me a letter saying that the debt would have to be paid off in full because I'd failed to keep to the repayment agreement ... they claimed that owed them £800+ when in fact I had receipts to prove that there was less than £200 owed!
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Thanks very much Bluebottle ... that's extremely useful info.

[Shadowcat]

Re: Unexpected letter from Cabot

Thanks all. This bunch of jokers rang me yesterday and again today, they were very very rude and threatening. I honestly haven't got a clue what they want. They asked for security details, when I refused they threatened to call me every hour.

I have asked them to write, if and when they do I will do all the above in Bluebottle's post but not wanting to stop there - can I apply for damages to small claims court for the harrassment? Should I go to the police before I apply?