Cabot Harassment over a 3 year settled debt

[jules3107]

Hi Everyone,

I hope you are all well.

A little problem has sprung to light with the above little darlings call CABOT.
I have been receiving numerous calls from them from 2 separate numbers. I have call guardian so they are now blocked, yet I can still see when they ring and can monitor their calls.
One number (01753913688) is an automated call. This is saying that if you are free to talk press 1? Laughable really.
The second number is 03445560216 and this number is calling on a regular basis.

My hubby had an account with them going back to 2015 and in the November of 2015 he asked for a £170 settlement to clear the debt of just over £1500.

Hubby had a letter on the 8th December 2015 stating they were happy to accept our offer and gave a date that the account must be cleared by and this was the 8th January 2016.

On the 2nd January 2016 at exactly 10:36am, Hubby made the £170 payment by faster payments via bank Transfer so they would get the payment within 2 hours. He also sent a screenshot of the faster payment in an e-mail. (which we still have)

Out of the blue a letter dated the 2nd December 2018, he had an You've missed a payment letter (no sh!t Sherlock, you aint had a payment since the 2nd January 2016).

Then another letter came dated the 6th December 2018, and this was a Statement of Account. The apparent opening balance was 1st May 2018 for the amount of £1527.46?
They state there has been no financial transactions on the account in that period? So what about the previous two and a half years? Was we paying it then?

I am guessing that they are now trying to pull a fast one and think all the paperwork has gone WRONG !!!!!!!!!!!!

How far will they try to take this because we are ready to go to court.
I am not even giving them the satisfaction of a response. SEE YOU IN COURT !!!!

Have anyone else had this happen to them?

Does Hubby take it all they way and counter claim them for harassment?

MUCH LOVE

JULES X

[Joanna Connolly Solicitors]

My hubby had an account with them going back to 2015 and in the November of 2015 he asked for a £170 settlement to clear the debt of just over £1500.

Hubby had a letter on the 8th December 2015 stating they were happy to accept our offer and gave a date that the account must be cleared by and this was the 8th January 2016.

On the 2nd January 2016 at exactly 10:36am, Hubby made the £170 payment by faster payments via bank Transfer

Then another letter came dated the 6th December 2018, and this was a Statement of Account. The apparent opening balance was 1st May 2018 for the amount of £1527.46?

I am guessing that they are now trying to pull a fast one and think all the paperwork has gone WRONG !!!!!!!!!!!!

Do you have a copy of your Hubby's offer letter and Cabot's acceptance letter to prove that the payment he made was in Full & Final settlement (if it was) and not a one-off random payment to reduce the balance?

Di

[jules3107]

Afternoon Di

Thank You for your reply.

Are the following documents the proof I need to tell them to take a hike?

Also please find enclosed the two current letters received on the 2nd and 6th Dec 2018

Many Thanks

Jules ;-)

[Timewilltell]

I’m sorry but this needs to be addressed at the highest level and that I’m afraid is not necessarily a court room but the tv screen.
a court room may find in you favour but what will happen to these parasites, probably likely nothing as I don’t believe this is the first time they have done this. The only way to stop these parasites is through total shame and embarrassment preferably with the support of your local mp or government official. The more they are exposed for the trash they are then more chance the government will do something about them.

[Joanna Connolly Solicitors]

I've only taken a quick look at your uploads and can see a letter from Cabot dated 8th December 2015 which appears to accept your/your husband's settlement offer of £170 as long as the funds are received no later than the 8th January 2016. That letter also asks you to contact them prior to the agreed settlement date to confirm acceptance (of their acceptance of your offer).

Then I can see (correct me if I'm wrong) your response letter dated 14th December 2015 to Cabot's letter dated 8th December 2015 'acceptance' letter which appears to say that you accept their offer "as long as it is in conjunction with the following" (i.e. subject to conditions).

Your letter/email goes on to say that "I'm more than happy to settle for a single one-off payment of £170 to be made within 7 days of receiving your response . . . ."

So maybe the issue is did Cabot respond to your letter dated 14th December 2015 and did you pay them within 7 days of their response?

I'm being pedantic (because law is pedantic), I'm not intending to be negative.

Di

[jules3107]

Morning Di, There was no need for a response from Cabot, neither did we receive anything, all that was requested from us was a letter informing them that we also accepted and it was to be paid before the 8th January 2016. This is what we did and nothing until now nearly 3 years on. Kind Regards Jules

[jules3107]

Morning Di, There was no need for a response from Cabot, neither did we receive anything, all that was requested from us was a letter informing them that we also accepted and it was to be paid before the 8th January 2016. This is what we did and nothing until now nearly 3 years on.

Kind Regards Jules

p.s. By the time they had the letter and dealt with it, the Christmas and New Years was upon us and no one was in work also included are the weekends. So the working days/ weekends would be within the time limit of 7 days anyway.

[jules3107]

Evening Everyone,

I have been looking in vein for the letter from Cabot stating the last payment was in settlement of the account.

Please find enclosed the said letter dated the 6th January 2016.

I think you will find all this is in Order.

Kind Regards

Jules

[Joanna Connolly Solicitors]

I have been looking in vein for the letter from Cabot stating the last payment was in settlement of the account.

Please find enclosed the said letter dated the 6th January 2016.

Is it safe to assume that you've heard nothing more from Cabot about this settled account

Di

[jules3107]

Morning Di & Morning ALL xx ITS A GOOD DAY xx

Just signed for a letter from Cabot... PLEASE FIND ENCLOSED

After requesting a SAR, it is now very obvious that Cabot are trying to PULL A FAST ONE !!!!!!!!!...........Agree to a settlement and 3 years later try to claim the money back.

I can not emphasize enough the importance of keeping your paperwork when dealing with A HOLES like Cabot.

I was in the hope Cabot missed out bits of paperwork of the SAR (which they have done in the past). I would then
be more than willing to provide them with the missing bits of the puzzle.

SAR is still being sent, I can not think why, but its still being sent. Happy Saturday ALL xxxx

[jules3107]

[The Tech Clerk]

keep that letter safe = account closed.

[Joanna Connolly Solicitors]

Morning Di & Morning ALL xx ITS A GOOD DAY xx

Just signed for a letter from Cabot... PLEASE FIND ENCLOSED

After requesting a SAR, it is now very obvious that Cabot are trying to PULL A FAST ONE !!!!!!!!!...........Agree to a settlement and 3 years later try to claim the money back.

I can not emphasize enough the importance of keeping your paperwork when dealing with A HOLES like Cabot.

I was in the hope Cabot missed out bits of paperwork of the SAR (which they have done in the past). I would then
be more than willing to provide them with the missing bits of the puzzle.

SAR is still being sent, I can not think why, but its still being sent. Happy Saturday ALL xxxx

What great news for you/your hubby. Well done on your persistence.

It's curious that the penny only dropped (that the account should have been closed following a F & F settlement in 2016) when you approached them for the evidence by way of a Subject Access Request.

I also note that the debt owner appears to be Cabot Financial (UK) Ltd which is not currently authorised by the FCA. In fact their authorisation lapsed in 2015 prior to your settlement, so that begs the question as to whether they should have been carrying out credit business.

Maybe you should make the FCA aware of this recent incident? Consumers can report concerns here > https://www.fca.org.uk/contact

Di

[jules3107]

Good Evening

With reference to what you wrote about Cabot not being authorised since 2015 by the FCA.......

Does this also mean that a CCJ obtained prior to 2015 is still active and needs to be paid because it was prior to 2015 or are they not allowed to obtain payments any longer as this is classed as credit business?

*It's curious that the penny only dropped (that the account should have been closed following a F & F settlement in 2016) when you approached them for the evidence by way of a Subject Access Request*