Hello everyone, thank you for letting me join your forum. As my name suggests that’s why I have joined hoping that someone can offer me advice. Briefly, I had a loan with Blackhorse and the last ever payment was in 2008. In late 2015 a company called Hillsden and their solicitors Reston harassed me for months for payment on what was an already statute barred debt. At that time I read and got some really helpful tips on how to deal with the situation from this forum as they ended up trying to take me to court even after sending all the relevant prove it letters stating that I did not acknowledge the debt. I responded to the court letter that I intended to defend it. I decided to get a solicitor involved and eventually a year later they dropped the court case agreeing that it was unenforceable and that in any event it was statute barred this letter from the court was September 2017 I have the letters from the court and my solicitor still. It cost me almost £1800 in solicitors fees but it was worth it for peace of mind. The last few weeks I have been getting numerous letters/texts and calls from Cabot inviting me to get in touch to pay the debt! I am shocked that the debt could still be sold on even when it has gone that far to the court and was agreed it was unenforceable. Today I received yet another letter from Cabot saying they are sending Resolvecall to my home as I haven’t responded to any letters etc. I have not responded to Cabot with any prove it letters etc as I really am at my wits end at the thought of having to go through all the horrendous stress it involved last time, and I do not know if I was to send copies of the courts decision to Cabot that it suggests to them that I am acknowledging the debt and therefore this would affect the statute barred situation and the clock starting all over again. Please please can anyone help me with what to do . I don’t know if I can really afford to get the solicitor involved again .Thank you so much for any advice you may me able to offer me.
Cabot/Resolvecall
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Thank you for your reply. Oh really! I did not know that I assumed Hillsden had sold it on when it was agreed with the court it was unenforceable. Should I still ignore the letters/texts and contact My solicitor, I’m worried of someone turning up at my home .
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Don't open the door, just tell them to clear off from a window, they have no rights whatsoever.
You could consider amending to reflect the harassment / sending the following via email, they are clearly trying to resurrect the debt -
Reference / Account No:
Further to your recent telephone calls, letters and texts received on XXXXXXXXXXXX.
I require you to remove my details from your records.
The call has been received from XXXXXXXXXX and the texts from XXXXXXXXXXXX.
If any further calls are made by XXXXXXXXXXXXX to this mobile number, I will lodge an official complaint with the Information Commissioners Office (ICO) under the General Data Protection Act 2018.
I make the request for erasure under Article 17 of the GDPR. In relation to the disclosure of the third party data, I refer to Article 4(12) of the GDPR which outlines that a personal data breach is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
Further if your harassment of me does not stop, I will consider taking further action against you under the Protection from Harassment Act 1997.
I look forward to hearing from you.
Yours faithfully
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Thank you so much, it beggars belief that these companies continue to pursue matters when the court has clearly dismissed it with the claimant having inadequate evidence to pursue and is in any event stature barred. I can only guess that they file such cases and in a few years have another go at trying their luck. I also am considering filing a complaint to the financial ombudsman to try and put and end to it once and for all, if I do that can they still do as they have done now several years down the line?
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Originally posted by Witts End View PostThank you so much, it beggars belief that these companies continue to pursue matters when the court has clearly dismissed it with the claimant having inadequate evidence to pursue and is in any event stature barred. I can only guess that they file such cases and in a few years have another go at trying their luck. I also am considering filing a complaint to the financial ombudsman to try and put and end to it once and for all, if I do that can they still do as they have done now several years down the line?
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Originally posted by echat11 View Post
You'd need to lodge a complaint with Cabot and get a final response before you can complain to the Financial Ombudsman Service.
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Originally posted by Witts End View Post
Thank you I will do that first and see what happens and what response I get, if they ignore my complaint and continue with the proposed visit and calls/texts etc do I then go straight to the financial ombudsman?
I personally would send the template to stop them 'harassing' you. The FOS are an 'odd bunch', sometimes no logic.
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Originally posted by echat11 View Post
They have 8 weeks to resolve your complaint. Then you can go to the FOS once you get a final response.
I personally would send the template to stop them 'harassing' you. The FOS are an 'odd bunch', sometimes no logic.
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You know it's 'unenforceable', they are just 'fishing'.
a) Would you advise I send a copy of the court’s decision with the harassment letter or not?
I don't think you need too.
b) In all honesty do you think the FOS will do anything? Sorry again I’m just so worried.
In all honesty, nothing immediately, simply because you will be waiting for ages, they have a 'huge' backlog of cases.
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Originally posted by echat11 View PostYou know it's 'unenforceable', they are just 'fishing'.
a) Would you advise I send a copy of the court’s decision with the harassment letter or not?
I don't think you need too.
b) In all honesty do you think the FOS will do anything? Sorry again I’m just so worried.
In all honesty, nothing immediately, simply because you will be waiting for ages, they have a 'huge' backlog of cases.
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Originally posted by echat11 View PostYou know it's 'unenforceable', they are just 'fishing'.
a) Would you advise I send a copy of the court’s decision with the harassment letter or not?
I don't think you need too.
b) In all honesty do you think the FOS will do anything? Sorry again I’m just so worried.
In all honesty, nothing immediately, simply because you will be waiting for ages, they have a 'huge' backlog of cases.
My name is Michael, I am the complaint handler who has investigated your concerns. I am writing further to your letter dated 5th March, and I hope to help you now by providing a resolution to this matter. My understanding of your complaint is that you are unhappy we have been contacting you regarding an account on which you successfully defended legal action in 2017. You point out in any case the account was/is statute barred and you deem our contact to be harassment and you want it to cease. Firstly I would like to thank you for bringing the issue to our attention and giving us the opportunity to investigate. Our records show the account was placed with Reston solicitors on 15/112015. You successfully challenged the legal action in 2017 and a consent order was issued stating the case against you was dismissed. We were informed by Reston that we should not pursue the account any longer. Unfortunately the account was not closed at that time , and on 21/12/2021 the account was pulled back from Reston solicitors which led to us recontacting you regarding repayment of the account. I would like to apologise for any distress caused by our contact. We should have closed the account in July 2017 another contacted you recently. I am therefore upholding your complaint . I would like to offer £250.00 by bank transfer to cover any distress caused to you. If you can either telephone,email or write to us with your bank details we can ensure the payment is made into your bank account. The account has now been closed and we will not contact you again regarding the repayment of this account. Once again I would like to apologise for the distress caused by our contact. This is my final response under the terms of our complaints process but you are welcome to contact me if you wish to discuss the response or raise any other queries. I hope I have resolved the concerns that you had, if you do wish to speak about any element of this letter, I would be more than happy to discuss this with you so please call and ask to speak to me.should you remain dissatisfied with my resolution of your complaint you have the right to refer your complaint to the financial ombudsman but you must do so within six months of this letter.
So I was not expecting them to offer compensation ! But I am happy with the response and wanted to thank all of you that helped me especially MIKE770 & ECHAT11 you will never know how much you helped me the other weekend and I consider what you all do to help others above and beyond kindness ☺️
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Originally posted by echat11 View PostVery well done, good result, thanks for letting us know. As long as you are happy with £250?.
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