Cabot Financial

[mozartsbum]

These people bought my loan from Liverpool Victoria. My last letter to them was on the 18th Sept. 2008 in response to their request for evidence of my circumstances. I supplied the information. I wrote: "As my medical condition is ongoing and permanent I am on incapacity benefit and pension credit, I enclose The Personal Capability Assessment and related medical report letter from my GP. I hope this is sufficient for your requirements." As a result, I had no further communication from them until the 19th of August.

I believe this is do to the fact that I was feeling like having some fun and answered the phone last week to them. They have consistently rung me several times daily and at weekends including Sundays. I never spoke to them. This time I did and used all of the suggestions that Getoutofdebtfree suggested. They/she of course carried on with the "party line" . Not listening to what I said, I ended with the lines as suggested: "Thank you and good bye." She was speaking OVER me at this point but I said my lines and put the phone down.

The result I believe was the reception of the form letter, which claims "We've still not received any satisfactory response from you about repaying the above amount", etc etc etc.

I have not entered into any contract with Cabot Financial.
My feeling at present is to ignore the letter totally and casually await their further letter. Is this a good plan of action?

Here is my letter (not sent yet as I don't want them to think I am intimidated and anxious to resolve the matter to THEIR satisfaction):


"Thank you for your letter of 19 August 2009.

Firstly, I would offer my condolences about the news of your share price plummeting in the last few months. I do hope my account has not contributed too much to your company’s poor performance.

Your last letter to me of 15 September 2008 from your colleague was replied to with my letter and enclosures of 18 September 2008. I received no further communication from your organization until your present letter, which is mildly curious, particularly as I had supplied you with the information you requested.

I am, therefore, not a little bemused by the reception of your current “form” letter, which has absolutely no relationship or cognizance of our previous communication and correspondence. I suggest you refer to that record and “paper trail” should you have any doubts.

Your current letter and attitude is therefore an irrelevancy and, in fact, may constitute ‘harassment’ by adding insult to injury and I may be forced to take further action under Section 1 of the Protection from Harassment Act 1997.

Yours sincerely, "

Is this a good/bad letter/strategy/tactic?

Thanks for any comments/suggestions/advice/criticism

[getoutofdebtfree]

Hi Mozartbum
Your idea of ignoring the letter totally and casually awaiting their further letter is a good strategy in my opinion. There's no hard and fast rules in this game. Your letters look excellent- I'm sure your would have sent it by now. Blessings, Jon.

[Einherjar]

Hello,

I have dealings with these 'people' as well now. They are funny 'in a way'. They have been phoning me several times every day for months then they would stop for a while then would do the same thing. This was going on for about six (long) years... At the time I was making the minimum monthly payment as advised by the CAB (never use these people) but after I received a letter from RMA R€solve threatening to send my case to their collections department for non-payment because I had not been making any payments (I have bank records to prove I never missed one, until the following month when I stopped). I found a website on the net on this subject because I decided to go on the attack and go after them where it hurts them just as they have been doing to me.I sent Cabot a letter from this other site http://www.moneysavingexpert.com. This was a mistake though because after this letter I sent some FMOTL letters dealing solely with Common Law but these people still kept on filtering it through their own world-view and ignored the contents of my Notices. Cabot are funny in this context though because even though they have been filtering it all through the initial CCA letter have failed miserably. They have essentially told me they cannot provide me with any proof I owe them anything (ie no CCA from the original 'lenders') but insist I am still required to pay them. They bought my two alleged 'debts' from the original company and insist on sending me letters about each one separately, even though these letters do nothing to answer any of the points I am making to them. In the interests of playing the game how they do I have begun sending each letter back to them along with an invoice for £1,000 per letter I write (that involves sending things back to them and £1,000 for each letter I send back) so based on the letters I sent to them today they owe me £4,000. I have told each companies chasing me I am perfectly happy to pay any lawful debt I owe them as long as they can prove to me the alleged debt is lawful under Common Law. I have also told them that for every time they commit fraud by insisting I pay them money for a debt they have not proved is lawful I will charge them £50,000 and will also charge them this amount per year or part thereof for any defamatory claims they may make against me (such as negative statements on my credit file). I don't think they will like this but as long as I act lawfully it is not my problem

Take care all

E.

[wilson9312]

Hi All

Ive recently had Cabot Financial call me and harass me for an alledged debt from Capital One (or is it Capone). Anyway i batted off the calls in the usual way and have succesfully sent all 3 tacit agreement letters found on this site. They have written to my Straw man responding to my very first tacit agreement letter only but as they have recieved all 3 letters without rebutting any of the the points raised therein then i think its job done.

Im just going to ignore anything else they may send in the post, however they have threatened that they will 'reserve the right' to re-instate calling my personal number again should i not respond to them as they require. (like i would)

If they do that and continue writing has anyone any ideas on what course of action to take next??

If anyone wants to see the response to the first tacit agreement letter then id be more than happy to share it.

Many thanks

[ceylon]

dont ignore them Bill them now.

[ziggyzoop]

I have received a summons from the court. All done courtesy of Cabot. Anyone know what I can do????

[ellie12022]

you may find some help over at CAG (consumer action group) if you can't get help here. What you can do depends on your circumstances and what has happened up to now.

[ceylon]

its not a court summons they dont want you there its a paper shuffle job, there are no courts

[ziggyzoop]

it is a court summons. It's completely legal documents. AND because I am in Scotland the b******S have also used scottish lawyers.
Cabot hav e made a £2,000 debt into over £6.000 because once it reaches £5.600 they can go to court. They added intreresty WITHOUT telling me. When I complianed they sent a statement, the likes of which I have NEVER seen before!! It was illegible,unreadable and read like pure fiction. They insisted they had sent it to me years ago!! Utter rubbish. I have had 20 malignant tumours 23 operations am unemployed and have negative equity. They are threatening to take my house. HELP!!!

[Einherjar]

I sent these 'nice people' letters promising payment of the alleged debt if they could provide proof of contract with them and proof of debt by providing the full accounting for the loan. Under English Common Law one cannot sell a contract to another party because they will not have signed it (almost no company signs contracts these days though so that alone is enough to stop them. There is also the Common Law principle of "Unjust Enrichment". This is where you have the Common Law right to demand the full accounting of the account so you can look into it to make sure they are not unjustly enriching themselves at your expense. Companies like Cabot buy alleged 'debts' for pennies on the pound.

Stop using statute law with them unless you want to use the A4V or promissory note idea found on this site and work on just English Common Law (or just Common Law if you live outside of England and Wales). As long as you promise them payment of the alleged debt if they can prove the lawfulness of their alleged contract and that a debt exists and you actually owe them money by providing the full accounting you'll be fine because unless you contract with Cabot you don't owe them anything. In the first letter I sent them (after starting to exercise my Common Law rights) I put them under Estoppel and told them this meant they could not lawfully take any action against me unless they were able to provide the proof of their claim.

When they came after me I paid them £1/month for just over 6 years because I didn't know my rights until I had had enough of their harassment. I told them in my letters and fee schedule to them that if they failed to provide the proof of debt and proof of contract to me they would owe me damages for the treatment they had given me over the past 6+ years. They've not provided any such proof and whenever I wrote to them they would just write back that they were investigating and would contact me again. They've now confirmed to me (over the phone but not in writing) they won't ask me for payment again. Could it be something to do with the fact I told them that every time they asked for payment of a debt they had not proven they were committing fraud (using the definition I gave them) and every time they threatened action if I failed to pay a debt they had not proven existed they were committing extortion they would owe me £50,000? I wonder

All the best.

Nothing I say here can be taken as advice of what you should do because you need to do your own research though I and others here can help you with that.