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  • #16
    Hi Di,
    After my reminder letter (Bad Boy) I received their letter dated 14th April as attached.

    Comment


    • #17
      They are confirming that the agreement is currently unenforceable in the courts because they cannot comply with the S.78 CCA request you made.
      Legal Disclaimer
      I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

      If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

      Comment


      • #18
        Originally posted by Clive23 View Post
        Hi Di,
        After my reminder letter (Bad Boy) I received their letter dated 14th April as attached.

        Hello Clive,

        Sorry for my slow response but I wanted to make sure I'd understood everything you said in your Visitor's Message to me first.

        I've removed the letter which you uploaded for your own protection since there was some information on it which could identify you.

        There's nothing you need to do in response except smile knowing that they admit the debt is currently unenforceable

        Post on the forum when/if you get the next communication, and definitely don't remind them again!

        Di
        Last edited by PlanB; 20 April 2021, 17:22. Reason: Typo
        I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

        I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #19
          Hi Di,

          Many thanks for your reply and others who have made comment.
          Currently I believe I will cancel the standing order after this month.

          From what I have seen I will expect a mountain of papers from said company as well as emails.

          Now I must think of my family in particular to my wife . Is she likely to have people at the door saying where is your husband etc.

          And any other tricks that they might up their sleeves to gain access etc..

          Comment


          • #20
            Don’t worry about unwanted guests Clive there are ways of dealing with them that the forum can help with.

            Comment


            • #21
              Originally posted by Clive23 View Post
              Hi Di,

              Many thanks for your reply

              Now I must think of my family in particular to my wife . Is she likely to have people at the door saying where is your husband etc.

              And any other tricks that they might up their sleeves to gain access etc..

              Hello

              I still can't work out how to reply to your Visitor's Message. I have many strengths but IT isn't one of them

              Instead I've PM'd you a question in response because it wouldn't be right for me to refer to anything on the forum which was revealed to me in private.

              Di

              I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

              I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #22
                Hi All,

                No No I am happily married and wife lives with me.

                My concern is that if I am out of our house and a caller calls on behalf of Cabot . What does she do? Tell him to disappear, go away and not disturb us. Call the police.

                What can Cabot do standing outside of OUR front door etc.

                Comment


                • #23
                  Originally posted by Clive23 View Post
                  No No I am happily married and wife lives with me.

                  My concern is that if I am out of our house and a caller calls on behalf of Cabot . What does she do? Tell him to disappear, go away and not disturb us.

                  I'm happy to hear this (that you're a happily married man!).

                  There is template letter on the forum which you can send if/when threatened with a doorstep collector/field agent, but maybe wait until things become clearer.

                  Can you say what year you opened the M & S account?

                  I also notice you mentioned Experto Credite in your first post, and also Intrum before referring to Cabot so there's possible a long assignment chain which would need to be proved if Cabot decide to take things further.

                  Have you kept all your paperwork for the account?

                  Di
                  I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

                  I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #24
                    Hi Clive,

                    you are way off anyone calling as you have been paying every month, you will get a forest worth of letters, saying how xxxx amount of people have a payment plan set up,with them,
                    how, if you set up an online account with them, they can help you come to an arrangement to clear your debt,
                    Or, Give us a call and speak to one of our trained advisers, I have no idea what their specialist training is, unless it's convincing you to pay them more than you should each month.
                    After so long of ignoring them, they will farm it out to someone who will send a letter to scare you into paying something, by saying they have passed it to some company who will be calling at your home to help you reconnect with Cabot.
                    This company may not have a rep in the area you live ( we used to call them Door step collectors, then they changed it to "field agent's", I live surrounded by field's, never saw them collect one, nor did they collect my door step)
                    If they don't have a rep near you they will phone you, to ask you to contact Cabot, they are only doing a job like anyone else so try and be polite as you ask them to shut the gate on the way out. or BYE as you hang up
                    they have no powers what so ever, you do not have to speak to them, you don't even have to open the door to them, you can stand at the window in your Pj's and wave to them if you like.
                    Now if your wife is answering the door to them, she can say you are out/ not available, no she has no idea how long you will be, ( or give them your hight)
                    they are not allowed to discus why they are there with her and should leave if asked to

                    yes one has called to my home, unfortunately it was the day after my mum has passed away, he said who he was and why he was there, I said I wasn't in the mood for a chat and would like him to leave,
                    he was adamant on staying, said i was trying to arrange my mothers funeral and waiting for the Vicar, shut the door and left him there.

                    so no need to worry about them treat them as door step cold callers.

                    NW
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #25
                      Great advice NW.

                      Comment


                      • #26
                        Originally posted by nightwatch View Post
                        they will farm it out to someone who will send a letter to scare you into paying something, by saying they have passed it to some company who will be calling at your home to help you reconnect with Cabot.

                        yes one has called to my home, unfortunately it was the day after my mum has passed away, he said who he was and why he was there, I said I wasn't in the mood for a chat and would like him to leave,
                        he was adamant on staying, said i was trying to arrange my mothers funeral and waiting for the Vicar, shut the door and left him there.

                        What a powerful post NW

                        That's what this forum is all about

                        Di x
                        I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

                        I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment

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