Cabot contacted me about alleged debt

waylander62 wrote:ok,

you need to stop worrying ( i know easier said than done ) , because they prey on people being scared making mistakes and backing down.

what you need to do is read what we post and understand it, if you dont then ask

please answer each of my questions.

i) so we have established an old credit card ?
ii) do you recall how long ago you stopped paying it ?
iii) do you have ANY old paperwork from this credit card of your own ?

Yes you must reply to the solicitors in my opinion to stop them in their tracks as a DSAR wont stop them from taking the matter to court if they wish to.

we really dont have enough information yet

Waylander62 is right, not being worried is easier said than done (when you’re not used to dealing with debt companies and the like). BUT, trust me, in my experience and that of others on here who have received support from Waylander62, these scumbags always end up ‘running scared’, because they know that the likes of Waylander62, DaveIron, myself and other knowledgeable people on here, are fully aware and experienced when it comes to the shameful games they play, and most importantly, through our letters and notices, they realise that we are fully aware of OUR RIGHTS. And so ultimately, they’ll lose, you’ll win, and you’ll move on with your life after shaking off these parasites.

So I hope that alleviates some of your anxiety. You have friends on here.

You need to highlight the fact you are classed as vulnerable so they cannot deny knowing this as if anyone calls they will ignore this and if they abuse this you have a large human rights claim as well as disability discrimination claim against them.

I remember on the old forum advice of have several copies of everything and keep one file of elsewhere in case you have a fire leak etc ..
I always kept a file in my car which was sorn on my drive and one in the shed .
It's also worth remembering ( another bit of advice from old forum )
If it ends up in court you need " true " copies ..
So exactly what you send them signiture and all is what you need a copy of ..

Memegirl is correct as cases have been thrown out of court for not being original copies of original documents and not having a sin=gnature means it isn't an original document.

Thank you all for the advice, thats another thing i wouldn't of thought of also. Ill make sure i photo copy any document i send them from this point on (after sighing). I never photo copied my original Dsar to cabot but i did get a photo of it if this helps and it was sent 1st class signed for so hopefully it isnt too much of a blunder.

You are all teaching me so much stuff i could never of thought would ever be a thing but after watching and reading the stuff on here its amazing to me how this stuff is used.

I feel good just having a direction to head in and i wouldnt know my head from my butt in this situation if it wasnt for you all thank you for putting up with me.

Im currently rewriting my letter to the solicitor to better highlight my vunerable status as surgested. Ive added the act tbat its covered in too and kind of beefed the wording more.

I will post this in the morning to ensure its still ok.

Thank you again

One other little tip worth remembering, When you receive anything
i always write on the top of it 'received on xxxxx' date.
These a***holes like to give you deadlines but delay in posting stuff out.

Thanks @daveiron thats a great bit of advice, i will do that from now also.

I have been looking over this (sorry for long url its just the link to the pdf for taking goods act 2014 didnt know how to.shorten)

it has some really cool info in paragraph 70 to 77 on how they should deal with vulnerable people. This could be useful for some situations, i used this to slightly to beef up my letter to the solicitors.

"To Mortimer Clarke Solicitors

I am very concerned to receive your correspondence in the post regarding your Client Cabot Financial's claim I owe them an alleged Debt of xxxxx, ref xxxxxxx.

I am in no position to either Accept, Deny or Refute this claim as I do not know what this alleged debt is for.

For this reason I require you to provide further details on what this relates to, and documentation to prove your client has a legal right to demand any form of payment for this Alleged Debt.

As well as the above on the advice of a disability rights charity I must also give both Yourself and your Client Cabot Financial Formal Notice of my Status as a Vulnerable Person under Section 6 of the Equality Act 2010 as I Suffer from a long term Disability!

I must therefore ask you to keep this in mind in how you wish to proceed as you now have a legal obligation to take this into consideration going forward as laid out in the Taking Control of Goods Act 2014: Paragraph 70 -77.

I have a Severe Medically Diagnosed Mental Disorder/Illness that causes a great amount of Emotional Distress and Anxiety as well as this I also have a Heart Condition that is exasperated by stress, I can provide full evidence of this if required.

All rights reserved"

Hopefully i have improved it over my last one fingers crossed.

Thats good, ( you are getting the hang of this ).
Dont worry about bailiffs ,its a civil (alleged) debt and they cannot force
entry ,just never answer the door to them. However its very unlikely to
even get to that stage. We should be able to get it all sorted with the
NoCA.

PLEASE stop looking into bailiffs and forced entry or anything remotely along those lines it is no good for your health and as i have said before ( more than ) once

it is a country mile away from that ever being even remotely thought of let alone happening.

it is wasting your valuable time.

Thank you, im feeling pretty calm today so hopefully it continues.

I wasnt so much focusing just solely on bailiffs as my primary reason for adding the vulnerable status stuff...

From my research so far, this "act" also offers protection from creditors, debtors etc... in regards to how they can enforce an alleged debt and limit what they can actually do. Im not 100% on it all yet but from my research it has in some cases proven to the dp that it may not be worth continuing early on.

Again this is just from what ive been reading alongside the stuff you have all helped me achieve. It may not do much to help me but im willing to take any chance i can to improve the odds even if its a small percent.

Think of this as me trying to cover all my bases, and also strangely the exact reason why im actually informing them to begin with.

One of my big mental issues in my condition is how my brain processes events, i fear the unknown and will overthink every consequence until i can quantify it and plan for every scenario. This is my attempt at gaining that control, doing this gives me a plan to hold onto for potential events i cant control.

I'm not joking when i say my mind doesnt work right lol if i dont do this i will sit there thinking about it none stop until my mind melts in the dark places, i actually slept ok last night because it felt like i was finally getting somewhere thanks to you all.

Dont take any of what ive just said as going against your advices though, i appreciate it all and everyone here knows far more then i could hope to, this is just me trying to bring something to the table and not feel as pathetic just expecting other to help carry my burden.

Ok yall, wish me luck, the letter to the solicitor and dsar to the oc are away. I almost had a panic attack sending em lol but regardless i have sent, and photocopied em unlike last time.

Thank you everyone hopefully its all goes well. Ill let you know what they send in reply

YYou are doing exactly what they want, panicking, when you panic you make mistates and become more compliant and you accept some of their lies without realising it and if they state having trouble contacting you it is there problem and not yours and solicitors are just more fear.
Now the solicitors are hoping a theat will soften you up and try to get you to admit to an alleged debt they have you as liable so just return it unfilled and blank.

Being vulnerable wont stop them as they ignore it and tell any bailiff to be careful and not get caught, they will still attend and try intimidating you.

Stop panicking so you dont make mistakes, this is what they wan't.

Sorry for late response

Honestly im trying not to panic about it all but its something i have great difficulty with due to my nature of overthinking everything. My goal is to not let my panic make bad decisions though, so until it all completely settles in im taking it one step at time.

Despite the anxiety attack i was happy i overcame it and sent the letters with the help and guidance provided here. Just gaining the knowledge to start this battle is doing more then anything else, thank you all for the work you do here.

Ive got actual news, firstly i received a response from the OC in the form of an email to the old email address. Its not the DSAR but a email saying they acknowledge the request and they have passed it to a relevant team and they will "action" my request within one month. I found this email to be funny, i think i may of annoyed them sending it to the address i did as there was a p.s telling me if i want to contact em further to use online chat or a po box lol, cant be 100% on this but the wording of email seemed like it wasnt just a simple template possibly i got lucky and someone real got it ha ha.

This wasnt really any big news as it just them confirming they got it not them actually doing it though so i was going to wait until weekend to share

Im on today instead though as i just received a response from cabot asking for me to prove my identity before they will give me anything to do with the dsar request, they want proof of address and proof of identity in two different forms within 60 days.

Besides the obvious undesired want to make myself more vulnerable to these scummy people by providing them personal data such as they are demanding.

The wording on the letter was rather intriguing, im not sure if its just my paranoia but they started it with "we treat the security of our customer's data very seriously" is it just me being dumb with limited legal knowedge but if i comply with this demand wouldn't that be like agreeing im their customer in essence negating some of the methods used here? It feels like they are trying to trick me into agreeing im their customer.

I really dislike the idea of providing this information can they do this, they are the ones harassing me not me them, surely the burden is on them.

No response from the solicitors as of yet though.

Again any advice is appreciated

First the OC ,write to them that all contact must be via RM only and you
do not give them permission to contact you by any other means.

Secondly Cabot.
1. Inform them they have your address as they have used it to contact you.

2. Inform them unless they comply with DSAR within the one month required , an
  immediate complaint will be made to the ICO for their non compliance.

3. Inform them ; ' I rebut your claim that i am (a) your customer (b) that i
  have not now or ever had an account with you.'

Remember they have written to you at this address and by responding to them
proves your point of contact.

Keep going and expect a lot of distractions along the way , Its the point by point
answers to your NoCA that they will do all they can to avoid.

just as a matter of interest

1) what have cabot said in the past regarding instructing solicitors ?

2) what did the solicitors actually say in their communication to you ?

if cabot are not sure who you are then why are they involving solicitors for any other reason than to try and do the same ? to find out who you are and if you live at the address ?

all bullsh*t because they will have NOTHING to offer you, no paperwork of any sort so are likely stalling call them out

Hi

Thanks @daveiron ill compose the letters and get them sent out on tuesday, when i read their letter it felt like they were trying to trick me somehow. The way it was worded so weirdly and the info they wanted despite being the initiator of all this just felt like it was phishing for the stuff they havent got.

@waylander62 Cabbot contacted me by email to an unused adress when i got round to checking them there were a bunch informing me of payment options for the alleged debt, the most recent were 2 dated around 3 weeks apart informing me they would start legal proceedings if i didnt call to resolve. After that i came on here for advice and started the dsar process as i wasnt sure what the alleged debt was for and they didnt actually say. A few days after i sent this i got the letter on same day from cabbot informing me i would be notified by their solicitors and the actual solicitors letter on same day. This was the first actual physical letters i received from them both, my only reasonable assumption is either they didnt know adress until i sent my dsar or if they sent mail during the period royal mail were striking and it somehow went missing.

Im thinking they it was they didnt actually know but as i had a number of things go missing i sent to family myself, over the cristmas period i cant rule it out completely.

As for what the solicitors sent it was a a tiny bit of information with the alleged debt amount and oc hidden inside a questionnaire type booklet asking about the ins and outs of my life, wanted to know my general information,employment status, financial stuff and whether i wanted to accept i owe, dispute, ask for more info or accept partial acceptance. Very much a template they send out to everyone lol.

All in all the said very little and the more i learn about all this the more im seeing how everything they send is just a trap. Yet noone goes after the real criminals like the billionaires who stole billions more off the public during covid though, they are just shrugged off.

Sorry if im ranting my anxiety is slowly being replaced by anger the more i learn how the whole system is weighed heavily at screwing the poor over.

I think now is the time to sent notice 1. (NoCA for Debt Purchasers)
It will preempt anything they may throw your way.

Where on the notice it says CEO change CEO to ;
Craig Anthony Buick being a person of significant control.
and below the date , add Private and Confidential.

Or FOR THE ATTENTION OF

If someone else replies they are making themselves liable and the CEO is not playing amd making himself liable.

Sorry for late reply internet went down last night.

Thank you for the help,

Im not meaning to sound dumb but should i send the noca instead of the response you suggested or as well as?

I was just reading over the noCa and will make the changes tonight, i have a few questions first though if this is ok

1) Will i need to change the wording of the part at the start where it says "i contacted OC to obtain etc..." or just leave as is? They have only partially responded so im a little confused.

2) in the part "note' was deposited by myself with xxxx bank, then I became a creditor of xxxx" are the xxxxx's the name of my bank or the OC name? Im assuming for most of the notice bank means OC name them but again im prob missing something simple.

3) i know this one is probably the most redundant but should i change the "dear" at the start to "To" i noticed at the bottom just before notice 2 it says never use "dear (whoever)" and wasnt sure if this was there to test those who dont read it lol or this was for notice 2 onwards.

Again im sorry if these are silly questions, i have been reading up and learning about it all its just i get a bit muddled on finer details sometimes.

P.s if my replies are a little delayed today and tomorrow i apologise in advanced, im out most of the day so will only have wifi at a few places to check and respond.

Thank you all again for the great advice and help

Send the NoCA seperatly.

Point 1. leave as is.
point 2. put the OC Look through your paperwork or online to see what bank
is behind it (if you cannot find one put OCs name)
Point 3. yes change from 'dear' to ,To.

have a good weekend.

daveiron wrote:Send the NoCA seperatly.

Point 1. leave as is.
point 2. put the OC Look through your paperwork or online to see what bank
is behind it (if you cannot find one put OCs name)
Point 3. yes change from 'dear' to ,To.

have a good weekend.

Thank you very much for the fast response and help, ill work on this tonight.

Thank you and i hope your week end is also good.

Its a bit later then wanted due to money issues meaning i couldnt quite afford the signed for postage but i got them sent out today. Wow im sure royal mail put up the costs week by week lol.

Thanks everyone ill let you know when they respond

Hi all,

Its been a little while but i have just got a response from the dp, they havent replied to noca 1 but they have sent me a reply to my rebuttal of their demand for my id before they will proceed.

They have sent out practically the same letter again just worded slightly different this time. They are still demanding i send both proof of id and my address in separate forms.

The only real difference is now they have dropped the "calling me a customer line" completely and they also added a small bs line at the end about them not keeping the data saying they will just destroy it lol if you believe that

Its not huge news no reply to noca or the sar to the oc but i guess they have at least stopped calling me their customer in this letter i guess lol

Ok, this is where the responses split into 2 .
1 if no direct communication complying with notice1 send notice 2 after
14 days

2 Just send a quick letter in answer to them wanting your ID. Inform them
they have your address as they have been communicating with you at said
address ,to which you have responded from. (no need for signed for,just get
a cert of posting)