Cabot - After 3 Letters

[Onedale]

Hi all, back in 2019 I sent Cabot the 3 letters, obviously they did not provide me with the Deed of Assignment, in 2020 they wrote to me to inform me that they could not find the docs i had requested and the debt was unenforceabal but they would continue chasing me for payment (they even offered me a 75% discount lol) i have had at least 1 letter a month since then. Afew weeks ago they wrote to me and told me that a company called Orbit would be coming to my house, I wrote to them and reminded them that i had in writing that the debt was unenforceable and I was being harrassed and would start billing them if i had any calls, letters or visits, Orbit turned up and he was sent packing after i showed him Cabot letters, today I received an email from them and it finishes off with this;

In final response to your comments regarding irrevocable estoppel by acquiescence have no basis in
law, therefore I suggest you seek independent legal advice.
Conclusion
Considering my investigation, there is sufficient information to support that you are responsible for the
outstanding balance.
The Notice of Assignment is a sufficient document to prove that our claim is lawful, and the enclosed
agreement and statement of account provides sufficient evidence to prove your liability and that this
debt does exist.
As the balance remains outstanding, I kindly ask you to contact our Customer Operations department
by calling 0345 070 2615, to discuss the next steps you would like to take in setting up a repayment

Sorry for the long thread but does anybody have any advice on what to do next?

[R0b]

Hi

The 3 letter debt process is a fantasy and part of the Freeman of the Land movement who seem to think they can choose which laws to obey and which laws not to obey. If you follow that movement then you will get no help from us here as we do not support FOTL views and I would suggest you find a forum that does.

If you want to deal with this properly, we can try to help you on this but let us know either way how you want to proceed.

[Onedale]

I have been suucessful in the past using the "Three Letters" are you saying it does not work now? Cabot have told me in writing that their claim is unenforceable so cannot go for a CCJ, what would you suggest i do next?

Many Thanks

[R0b]

The three letter process has no legal force and if you tried to argue you that in court you would get spanked and shot down. It is a made-up process that the FOTL use to justify why a debt shouldn't be paid based on old historical laws and misinterpretations of the Magna Carta.

There is a stark difference between the 3 letter process and a creditor like Cabot accepting they do not currently have the necessary evidence and documentation to prove their case, meaning they could not enforce the agreement. Case in point is their response to what I presume was one of your 3 letters about estoppel by acquiescence and advising you to seek legal advice - reading between the lines, what they are really saying is you are full of **** and have no idea what you are talking about, and I would agree.

Since they have accepted they don't have enough evidence, the question is what do you want to do? Under the FCA rules which would govern the credit agreement says that creditors should not continue to pursue you if you have valid grounds to dispute the debt, which to some extent you appear to have done so albeit on the wrong grounds. Nevetheless, Cabot's own admission should be sufficient for you to say that they need to stop sending you letters if you have already made it clear you have no intention of repaying the debt.

Just because the debt is not currently enforceable despite you being liable for it, does not give creditors carte blanche to continue making demands for payment of an unenforceable debt, that would be in breach of the FCA rules and potentially be considered harassment if it persists.

You can also revoke your implied right of access for Cabot or anyone acting on their behalf to attend your house for any reason. There is an implied right for someone to come to your address and knock on your door unless you revoke it or they have a legal right to do so under law or an order of the court.

It's not clear when you supposedly defaulted on the debt or stopped making payments but there is also the possibility that the debt could be time barred if it is more than 6 years old.

[Onedale]

Many Thanks for your advice R0B, i think i will sit tight and see what they do next, it's another 12 months before it becomes time barred