** STRUCK OUT ** Received 'notice of transfer' shoosmiths. Debt was husband.

[MIKE770]

well done for you

[Mrs sparkle]

So today something arrives by text message.... saying that I need to contact Cabot financial. I telephoned the court to find that it definitely had been struck out and according to shoosmiths solocitors Cabot ‘were unable to file the paperwork in time’ and so are still chasing me for payment of this debt?? Can they do this?? How do I stop them?? I really thought that it would be the end now xx

[R0b]

Hello

Well done on getting the claim struck out. I would suggest that you retain those documents from Shoosmiths and the Order itself just in case for whatever reason they try their hand again, or even worse, sell it off to another debt purchase who will have a go themselves. It would be wise to make copies and store them separately i.e. scan a copy on your laptop/phone and keep a physical copy just in case you lose it.

Despite the claim being struck out, they could still try to pursue you for the debt or get you to acknowledge that the debt is yours or even as above, sell the debt on to another debt purchaser who will then contact you.

The best way of trying to stop them in their tracks are to write to them and make a formal complaint. Your complaint should follow a logical structure and not be seen to be aggressive (or put any capital words) yet you should take a firm line against what they are doing. Your letter might want to incorporate some or all of the following points:

1. That they should not contact you by any other means of communication except by letter.

2. Cabot Financial are governed by the Financial Conduct Authority (FCA) Rules and the applicable rules are set out in the CONC Handbook. I've had a quick glance in there and there are two potential points that you can raise in your letter:

(R) CONC 7.5.2
A firm must not pursue an individual whom the firm knows or believes might not be the borrower or hirer under a credit agreement or a consumer hire agreement.

(R) CONC 7.5.3
A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.

Both of the above rules effectively make the same point in that you have disputed the debt, provided a reasoned explanation as to why the debt is in your name but on top of that, they issued proceedings and the claim was therefore struck out because they couldn't produce the relevant information as requested by order of the Court. They had ample opportunity to source the information but failed to comply and so they should not continue pursuing you.

I'm not sure as a result of the claim being struck out, it is now statute barred but if it is then you can also rely on the following rule (providing you mention that it is statute barred):

(R) CONC 7.15.8
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.

You will see that the above rules have (R) next to them. This is because under the CONC Handbook there are two types of rules, "Guidance" and "Rules". Guidance rules are not mandatory nor are they legally binding on the lender as they are guidance on how to comply with the CONC Handbook, whereas lenders such as Cabot must comply with the Rules otherwise they may be subject to sanctions, either by a complaint pursued through the Financial Ombudsman or you have the right to bring a civil claim against them for breach of the Rules.

3. You may also wish to conclude all of the above together by telling Cabot that should they continue to pursue you demanding payment of the supposed debt, despite having tried (and failed) to bring a claim against you, then you will consider that as harassment on their part and you reserve the right to commence legal proceedings for harassment and/or any breaches of the CONC Rules above. You should close off by getting them to confirm in writing that this matter will be closed and no further action to be taken.

If you make it formal complaint then they will need to provide a final response within 8 weeks but should stop contacting you about payments during that time (as I believe the CONC Rules also say they can't pursue a debt if a complaint is made). If you are not satisfied with their response then you can pursue it to the Financial Ombudsman.

[jaguarsuk]

. It would be wise to make copies and store them separately i.e. scan a copy on your laptop/phone and keep a physical copy just in case you lose it.

Scan the copies and keep the files in the cloud, things break and new things can retrieve them from the cloud. I double store, a copy on iCloud and a copy on One Drive. I pay for iCloud, but One Drive is free as is google docs.

[Mrs sparkle]

Hi again
I am being bombarded with calls and letters from Cabot Financial now despite being thrown out of court! Any advice as to make them go away?

[jaguarsuk]

Hi again
I am being bombarded with calls and letters from Cabot Financial now despite being thrown out of court! Any advice as to make them go away?

You should write to them raising the points raised in post #63 regarding the Financial Conduct Authority (FCA) Rules.

Refer them to their solicitors letter in post #60 (particularly the last sentence) meaning you now consider the matter closed, inform that they do not have the documentation therefore any alleged debt (make sure you use the term alleged) is unenforceable, that you do not wish to receive any correspondence from them as it causes you distress and anxiety, that pursuant to the Protection from Harassment Act 1997 s1 if they continue their conduct they will be in breach of it and should they continue you may without further reference to them file a claim against them for civil remedy under the Protection from Harassment Act 1997 s3 citing Ferguson v British Gas (2009) as well Porter v Price (2004). Explain to them that these are successful cases of Claimants against private companies with the latter relating to a matter of chasing an alleged debt.

[Amethyst]

If they are definitely calling regarding the same debt then as Jags says, send them a letter telling them to bog off. This might be a bit extreme but it's a starting point ( might want reducing a little ) Anyone feel free to amend accordingly



Dear Cabot

Ref: xxxxxxxxxxxxxx

I am writing to place you on notice that your company is causing me alarm and distress due to the frequency of the telephone calls and letters which I am receiving in relation to the above alleged debt.

Whenever the telephone rings, I am left feeling anxious and ill at the prospect of speaking again with your company as I have already repeatedly explained that your company has already taken this through the small claims court, which resulted in your claim being struck out. I received a letter on xxxxxxxx from your solicitors, Shoosmiths, stating that it was yourselves who instructed them to allow the claim to be struck out. As the claim was struck out after I had filed my defence you are required to make an application to the court to reinstate the claim, however should such an application be made it shall be strongly defended.

Please be clear that these calls are far beyond a simple irritation or an unwanted interference, they fall clearly within the definition of Harassment.

I have made it clear to your company that I have no liability to you for the alleged debt, and that the court has agreed by striking out the claim. I have asked for these calls to cease however I have been told by your staff that they will continue to telephone me even though I have made it clear that I do not wish to discuss this matter further.

I have received calls from …………………… On the following dates;
1)
2)
3)

I have received letters from......................... on the following dates;


I require these calls to cease with immediate effect; I will not discuss this matter with your company by telephone. I draw your attention to the Court of Appeal ruling in Roberts v Bank of Scotland PLC (Rev1) [2013] EWCA Civ 882 and in particular paragraph 37 & 38 of the Judgment. The court made it clear that the existence of a debt does not allow a creditor to persist in harassing the debtor.

In addition I understand that

Cabot Financial are governed by the Financial Conduct Authority (FCA) Rules and that your are obliged to abide by the applicable rules as set out in the CONC Handbook.

Particularly;

(R) CONC 7.5.2
A firm must not pursue an individual whom the firm knows or believes might not be the borrower or hirer under a credit agreement or a consumer hire agreement.


(R) CONC 7.5.3
A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.

Both of the above rules effectively make the same point in that I have disputed the debt, you have issued proceedings and the claim was struck out because you couldn't produce the relevant information as requested by order of the Court. You have had ample opportunity to source the information but failed to comply and therefore you should not continue pursuing me.

You should also be aware that I consider the debt to be time barred by virtue of the Limitations Act 1980, and therefore CONC 7.15 also applies;

(R) CONC 7.15.8
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.

Your company

must comply with the Rules otherwise you may be subject to sanctions, either by a complaint pursued through the Financial Ombudsman or I may have the right to bring a civil claim against you for breach of the Rules.

Should you continue to pursue me in demanding payment of the alleged debt, despite having tried (and failed) to bring a claim against me, I will consider that as harassment on your part and reserve the right to take this complaint to the Financial Ombudsman and consider commencing legal proceedings for harassment and/or any breaches of the CONC Rules above.

I require you to confirm, in writing, that these calls will cease with immediate effect. Relevant numbers to remove from your system are listed below:

01234 567891


I trust you will treat this as a matter of extreme urgency.

Yours sincerely

[jaguarsuk]

If they are definitely calling regarding the same debt

Not just calling even if they are writing, Porter v Price (2004) established emailing about it constituted harassment.