Hello,
I have a disputed Cabot debt of between 5-10k which was sold on to them by my former bank a few years ago.
I had previously written to my original creditor with a CCA request, allowing them 12 (+2) days to provide the requested documents, then received a letter from them saying they were going to comply with my request and get back to me.
I didn't hear anything from them again.
The bank then sold the disputed debt to Cabot. I wrote to Cabot earlier this year with the following:
I refer to previous correspondence in relation to the alleged agreement, copies of which are attached. The letters refer to a formal request under the Consumer Credit Act 1974 sec. 77-79 for a true signed copy of the alleged agreement referred to in the above account number. I would like to point out that this alleged account is formerly in dispute.
The original creditor failed to comply with my statutory request within the allowed time limit of 12 (+2) days and have defaulted in respect of this alleged agreement. Additionally, this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. Under FCA rules it is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.
Please be aware that I will not hesitate to report the unlawful sale and collection activity of this alleged debt to the appropriate regulatory authorities including, but not limited to, Trading Standards, Information Commissioner’s Office, Financial Ombudsman Service, if further demands for payment do not cease immediately.
However, after blocking their number I am still getting text messages from them asking for me to call them quoting their reference number.
After the last text, I phoned them to ask what they wanted to speak to me about, and they reminded me that I still owe the debt. I said that I do not acknowledge the debt and that it was unenforceable.
They then gave me some rubbish saying by confirming my name and date of birth I am acknowledging the debt is mine.
They have my old address and have probably been sending demand letters there.
Would it be wise to write to them, asking them to stop harassing me, and give them my new address just in case they decide to issue a court summons as I don't want to risk getting judgement by default.
I should point out that the debt is now 6 years old so doesn't appear on my credit file.
Thank you for your help.