It doesn't sound like you need any advice, you've got it covered! You've found out that Cabot and their ilk will happily flout the rules on debt collection, in the hope that their "victims" will be scared into paying up. It's worth a read of the OFT's guidelines on debt collection - they back up your position that the onus is on a creditor to prove a debt exists, not for you to prove your innocence. There's a linky below. http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

If they've got an enforcable agreement they can (and will) pursue it through the courts, but the OFT and the courts themselves will take a dim view if they've not given you a reasonable chance to come to an arrangement. I'd advise NEVER speaking to Link on the phone (not saying they're a bunch of bankers, but.... ), rather write to them with a proposal for a repayment which you can genuinely afford. Don't leave yourself short, and don't over stretch yourself just to keep them happy. Chances are they'll accept - and you'll have the letters to prove it. The OFT's guidance on debt collection says in 2.6.f that it is unreasonable to pressure debtors to pay in full or in unreasonably large amounts when they cannot afford to do so - Link should be aware of this advice. If they phone, politely but firmly tell them that there's a letter on the way and that you will not be dealing with them by phone. If they continue to ring, just hang up on them.

The OFT won't take on individual cases, but I always make a point of recommending people contact their Consumer Credit Licencing department as they told me they're interested in building up a picture of licence-holders' dodgy behaviour.

I just thought I'd give this a bump and say pretty please, can anybody help?

I agree with Pinky: TS are a mixed bag. My local one was very helpful at first, and seemed knowledgeable. But when it came to actually doing anything I got the usual "limited resources" line and nothing happened. Personally I'd invoke BLS's formal complaints proceedure (they do have one, don't they?) and if/when that fails escalate matters to the FOS. At the same time, contact the OFT's consumer licencing department. They won't take on individual complaints, but do want to build up a picture of DCA's behaviour. I'd suggest writing to them at: Office of Fair Trading Consumer Credit Licensing Room 1C/5 Fleetbank House 2-6 Salisbury Square London EC4Y 8JX

I find myself like that with Cabot. I'm fed up with them writing with weak threats despite not having a credit agreement. I want them to put up or shut up, once and for all. Come on Cabot, take me to court! Please!

Excellent, you've got evidence of them flouting the OFT's rules on unfair practice. 2.2.b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge 2.4.e. falsely implying or stating that failure to pay a debt is a criminal offence or that criminal proceedings will be brought 2.6.g making threatening statements or gestures or taking actions which suggest harm to debtors (PRISON!? FFS) 2.6.h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment 2.14.b. continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970. Sadly the OFT won't act on individual cases, but they are interested in building up a profile of those DCAs whose behaviour calls into question their fitness to hold a consumer credit licence. I would advise making a complaint to: Consumer Credit Licensing Room 1C/5 Office of Fair Trading Fleetbank House 2-6 Salisbury Square London EC4Y 8JX

Hi Spiritgirl. Just another word of support, I went along recently to support a mate and the court staff were very friendly, and I was allowed to sit behind my friend for moral support. I asked the judge if I could take notes, to which he agreed, and other than that just kept quiet. The judge recognised that my mate was clued up but not exactly a legal expert, and gave him plenty of guidance. In fact, I'd say he even asked some leading questions to help him out! Don't be intimidated by the whole process. It might seem daunting, but you know you're in the right and the court is, after all, a public service with a remit to help people exactly like us. I'll say good luck, safe in the knowledge that you won't need it

Not for me, it's a friend's birthday and I'm not sure what we're doing. Don't let me ruin it for everybody else though - if other people are free that day.

I see you've already found it As well as the courts and the Information Commissioner, I've now got the OFT on their case. I wouldn't want to be in their shoes right now. As I say, let me know if I can be of any help.

How old is the debt? If it's >6 years (5 in Scotland) and no payment or admission of debt has been made, then it could be Statute Barred. If that's the case, the rogue collector may have done you a favour!

I'm in (if I'm invited ). Canterbury's an easy train trip for me.

How did you get on with Ashbourne? I'm taking them to court so we may be able to help each other out.

Ooops, I meant to put this in General issues, not general knowledge!

Hi, I'm in dispute with Ashbourne and am in the process of taking them to court for breach of the Data Protection Act, and I need a small favour. If anybody here is a member of a gym who uses Ashbourne to collect their fees, would you be willing to scan & email (or photocopy and post) a copy of their contract (with your personal details removed, obviously!) and the T&Cs? If you can help, please drop me a PM. Thanks, Dave

Hi, I'm in dispute with Ashbourne and am in the process of taking them to court for breach of the Data Protection Act, and I need a small favour. If anybody here is a member of a gym who uses Ashbourne to collect their fees, would you be willing to scan & email (or photocopy and post) a copy of their contract (with your personal details removed, obviously!) and the T&Cs? If you can help, please drop me a PM. Thanks, Dave

Hi, sorry I've not been on the forum for a while. How is everyone? Anyway, an update of sorts. Two months ago I wrote to Cabot reminding them that they had yet to answer my CCA request as all they'd sent was a nearly-illegible application form despite several letters informing them why this was unenforcable. Finally, yesterday I received a brief reply which basically said "tough, you owe us money, contact us within 7 days". Cheeky beggars! Two months to reply and they expect me to contact them within 7 days! And, bless them, they also maintain that if they can obtain Barclaycard statements then that would prove there is a debt oweing. Anyway, I've written back (see, I'm quick!) once again explaining what an executed agreement should look like and asking them if they are in a position to supply one. My hopes aren't high... So here it is, Merry Christmas, I'm having fun even if Cabot aren't. I hope to once again become active here in the New Year, but meanwhile I'll wish you all a wonderful Christmas

I disagree. Surely you can claim specific performance, asking the court simply to rule on a matter of facts rather than awarding damages. That's what I'm planning to do with Ashbourne Management in regard to their failure to comply with my s10 notice. Of course, you could specify "compensation such as the court sees fit not to exceed £nnn" and see what mood the judge is in!

Hi, Yes you're in the right place. Some of us have had dealings with Cabot and some members are more active than others in taking them on - and winning. So ask away. Let us know as much as you can about your dealings thus far with Cabot (what's the original debt for, when was it taken out, when was the last payment made, that sort of thing). Please remember not to give out ANY personal details! Nobody here is going to judge you. The aim here is to give practical help. In a nutshell you need proof that Cabot (or anybody else) is LEGALLY entitled to collect this alleged debt. If not, that's their tough luck. If so, you need to ensure they accept a fair repayment proposal. So ask away, and we'll do our best to help you.

There's a sticky above this forum on OFT guidelines on debt collection. Have a read and count up the amount of guidelines HFO have breached. Refusing to deal with 3rd parties and misrepresenting their powers (send bailiffs round?!) are just two which come to mind. ****. Right, take a deep breath and remember that even though HFO threaten and intimidate, they're still bound to act lawfully. The worst they can do without a court order is send a "field agent" round, who has no legal powers and certainly no right of entry. Even that is highly unlikely. Please do not allow these muppets to affect your physical or mental health. You need to ensure that you have NOTHING to do with them by telephone. If they call, politely but firmly repeat your request that all communication is in writing then hang up. There's a telephone harrassment letter on the forum should it come to it. As linz says, get the CCA off. Ensure you include the line "I do not acknowledge any debt", and make sure you send it recorded delivery with a £1 PO. General advice is not to use your usual signature as there are tales of unscrupulous DCAs copying it onto blank agreements - although I should be clear that I'm not accusing HFO of such chicanery... Above all, and it bears repeating, do not allow these "people" to intimidate you or to affect your well-being. If you need ANY advice you know where we are

It's also interesting to note the following from the OFT guidelines on unfair practice in debt collection: Wait until you get something in writing from Cabot, then write back informing them that as the debt is statute barred you do not expect to hear any more from them. Then if they're stupid enough to keep trying, report them to the OFT et al.

Being a pedant, I couldn't help but chuckle at the grammar: ...our legal agent may call at the above address, with a view to either, serving papers, or, to arrange repayment, within the hours of... Have Ruthbridge got a surplus of commas which need using up?

In my case it was a letter reminding DM that as there was already a DCA chasing my alleged debt*, and that it was already in dispute, their involvement was unwelcome. Didn't even waste a quid on a CCA. *Elephant sent me a credit agreement to sign but when I realised how much interest they wanted to charge I ripped it up and paid full amount by debit card. Two years later, they decided I owed them ~£300. Bunch of chancers. In my personal opinion

DM tried collecting a non-existant debt from me, and the moment I challenged them they passed it back to the OC. Useless muppets who think having the word "debt" in their name will scare us into submission. They're little kids trying to play a grown-up game.

Lowell can NOT send bailiffs unless they've suddenly been granted powers usually reserved for the courts. If they've told you otherwise you should report them to the OFT Consumer Credit Licencing folks. Have absolutely NOTHING to do with them by phone, instead send them a letter saying that you are not the debtor in question and that you have reported the matter to the police and CAB as stated above. It's up to them to prove you owe a debt, it's not your responsibility to prove you don't. If they continue to persue this when there's a clear dispute that's another breach of OFT guidlines.