Cabot again!!!

[foxi71]

Last year I posted on here about Cabot/marlin. They couldn't produce a signed credit agreement after I sent them a postal order and then said it was unenforceable BUT a year later they have started again! Now I know they won't be able to produce the agreement but I am getting calls upto 5 times a day. They are also sending letters again threatening me. Can I complain about them to anyone?? I still have the letters saying they couldn't find the original agreement. Any advice would be appreciated. Thanks in advance

[Amethyst]

Re: Cabot again!!!

I would write to them including a copy of their previous letter and remind them they are still in default of your CCA request, and mention some bits about telephone harassment as per Roberts -eg. could take some bits from http://www.legalbeagles.info/forums/...rts-v-BoS-2013

Are you waiting for statute barring? if so, then do not acknowledge the debt in your letter - just inform them this has previously been dealt with and you expect them to cease contact until/unless they are able to rectify their default of the CCA request.

[FlamingParrot]

Re: Cabot again!!!

I would write to them including a copy of their previous letter and remind them they are still in default of your CCA request, and mention some bits about telephone harassment as per Roberts -eg. could take some bits from http://www.legalbeagles.info/forums/...rts-v-BoS-2013

Are you waiting for statute barring? if so, then do not acknowledge the debt in your letter - just inform them this has previously been dealt with and you expect them to cease contact until/unless they are able to rectify their default of the CCA request.

There's a post where I adapted that harassment letter a little the other day because, unfortunately, the way it is written, it does acknowledge the debt big time! :scared: The original template was written based on the assumption that you are paying and they still keep harassing you. :tinysmile_kiss_t4:

In the case below they were also calling at work which may not always be the case.

The template letters are just that, templates, a bit like the ones that come with Word if you see what I mean, meant to give you a starting point but they need adjusting to suit particular circumstances. The letter could be amended to something like this, where any specific mention of the debt or payments has been removed. The bit in red may or may not apply depending on whether you've already asked them to stop calling you or you just refuse to answer/go through security/hang up. :thumb:

Dear Sirs

DATE

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 which I am receiving, both at home and at my place of work. Whenever the telephone rings, I am left feeling anxious and ill at the prospect of speaking again with your company. Please be clear that these calls are far beyond a simple irritation or an unwanted interference, they fall clearly within the definition of Harassment. The calls at my place of work also have the potential to affect my employment.

[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 via the telephone.]

I have received calls from …………………… On the following dates:
1)
2)
3)
(cont’d overleaf if required)

I require you to ensure that the recordings of these calls are secured and protected and above all must not be deleted, erased or tampered with as they will be key evidence in a claim which I am preparing to bring against your company. Destruction of these records may lead to contempt of court proceedings being brought against you.

I require these calls to cease with immediate effect; I will not discuss any matters 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.

I require you to confirm by return that you have secured and protected the recordings of the calls detailed above, I also require you to confirm that these calls will cease with immediate effect. Relevant numbers to remove from your system are listed below.

If you persist in telephoning me, I will issue an application for an injunction under The Protection from Harassment Act 1997 and I shall also seek damages for the same on the principles laid down in Roberts v Bank of Scotland [2013].

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

Yours sincerely XXXXXX

LIST OF NUMBERS NUMBERS AFFECTED:

[Amethyst]

Re: Cabot again!!!

Yip, template letters are okay to get a starting point but ALWAYS adapt to your own circumstances ! and never send anything you don't understand.

[foxi71]

Re: Cabot again!!!

Thanks everyone! They are an absolute pain to put it politely!!
The debt will be statue barred in about 8 weeks so I'm guessing this is why they have started up again. I will get that letter in the post as soon as possible. Thanks again