Cabot Financial - Telephone Harassment

[hagenuk]

Just received this on behalf of a friend who's account I am dealing with as he has been and indeed still is very ill.

 

Dear

 

We refer to your request that we should write to you in respect of your account.

 

Whereas we much prefer to discuss matters, we will accommodate your request, provided that you diligently cooperate with us.

 

If you do not, we will revert to telephoning any number that is available to us.

 

Will you please clearly set out your proposal for payment in a letter to us, and complete the enclosed budget form. Alternatively you can access your account, complete a budget plan, and submit a payment proposal by accessing our Website Cabot Financial.

 

We do not wish to sound harsh, if we do not hear from you within 10 days, our telephone procedure will be recommenced.

 

 

Your sincerely

 

 

I am aware that it is a criminal offence to harass debtors and I wonder if anybody has any thoughts on a reply to this letter.

 

Any help much appreciated.

[lickthewallfatboy]

they are breaking the law,pure and simple

to be precise-

 

1 .This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient.

 

2. Continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

3. Protection from Harassment Act 1997-

 

Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another and-

(a) is intended to amount to harassment of that person; or

(b) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person

 

The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences.

 

Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

 

 

4. Breach of the Office of Fair Trading guidelines on harassment

para 2.2-sub para G-

 

“Ignoring or disregarding Debtors legitimate wishes in respect of when and where to contact them.”

 

 

 

If they continue to harass,the customer should write to their local trading standards office,enclosing the above information.They will pull them into line.And of course they are liable for the customer taking a civil action against them:)

 

 

 

Who do these people think they are?

[hagenuk]

Further to the letter, received today they have telephone TWICE already this morning!

 

The letter quite clearly states that they will not telephone for ten days, yet they have called twice already.

 

They do not wish to sound harsh?

 

They are about to learn a whole new definition of the word harsh...

[hagenuk]

they are breaking the law,pure and simple

to be precise-

 

1 .This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient.

 

2. Continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

3. Protection from Harassment Act 1997-

 

Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another and-

(a) is intended to amount to harassment of that person; or

(b) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person

 

The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences.

 

Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

 

 

4. Breach of the Office of Fair Trading guidelines on harassment

para 2.2-sub para G-

 

“Ignoring or disregarding Debtors legitimate wishes in respect of when and where to contact them.”

 

 

 

If they continue to harass,the customer should write to their local trading standards office,enclosing the above information.They will pull them into line.And of course they are liable for the customer taking a civil action against them:)

 

 

 

Who do these people think they are?

 

 

Many thanks for this.

 

I will draft a letter to send to them based on the information above.

 

Who in the company would be responsible for answering to any possible criminal proceedings I wonder? Is it the company or an individual within the company who commits the offence?

 

It would be interesting to point out to the author of the letter that their conduct is criminal and that I intend to inform the police.

 

Given that we have proof, in the form of a letter from them received this morning that they will not call for ten days - and that they have called twice already today I wonder if I can just go for them now?

[maddyrose1664]

Get your friend to change their home number now. BT do it for free and it takes a few minutes. It was the only way I could stop my creditors ringing me every 5 minutes. I know it's a hassle but it is so worth it. If they don't have your number, they can't ring you.

 

You can use that against them by saying your friend had had enough so had no option but change their phone number.

 

Of course, a more fun option would be for your friend to ring them up and give them a new phone number but give them the number for their local McDonalds or massage parlour!!!

[hagenuk]

 

Of course, a more fun option would be for your friend to ring them up and give them a new phone number but give them the number for their local McDonalds or massage parlour!!!

 

Excellent! LMAO!

[hagenuk]

Drafted this letter in reply to the two telephone calls that were received this morning, despite the letter (see first post) pledging not to call!

 

Dear

 

I am in receipt of your letter of 19th July 2006 and note its contents.

 

Despite your written undertaking contained therein to cease contact via telephone and your confirmation that I have ten days before your telephone procedure will be recommenced I have received two telephone calls this morning already.

 

As I am sure you are aware Harassment of Debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970.

 

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003.

 

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997.

 

The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences. Additionally Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

 

Further it is my contention that your company is in breach of the Office of Fair Trading guidelines on harassment.

 

As you have demonstrably failed to honour your written pledge I feel I have no option but to report your conduct to the relevant statutory authorities, including Trading Standards, the Financial Services Authority and the Office of Fair Trading.

 

If I should receive another telephone call from any person from your company at any point then I will be contacting the police to report the criminal office of harassment and will be naming you in my statement to the police.

 

I trust that I have made myself clear and that all future correspondence with your company will be in writing.

 

 

Yours sincerely

[lickthewallfatboy]

go get 'em,cowboy!!

[andrew1]

Hey, come on Hagenuk - leave a bit of cabot for me! :D

[chimp choker]

Of course, a more fun option would be for your friend to ring them up and give them a new phone number but give them the number for their local McDonalds or massage parlour!!!

 

...........that's not at all funny because the halifax phoned my mobile number asking for a Mr Lowrey. I explained that no Mr Lowrey was known and this number was a business number. I even took them to my internet business site so they could see it was not who they wanted but I got hassled from them for over 6 weeks until I went to the police.

 

Obviously someone had given them a number out of their head but it happened to be my mobile.

[lookinforinfo]

Cabot are well aware that they cannot phone with impunity since this is not the first time thet have been asked by members of this forum to stop their telephone

harasssment.

 

If you use the "search" facility near the top of the main page, enter Cabot and press

enter, you wiil get all the threads relating to Cabot. reading through the threads

will reveal several occasions when Cabot have insisted on their rights to phone

regardless of the legality. If you want to really put the boot in,contact the

original posters to ask if they would mind you using their thread as evidence of

continual harassment by Cabot despite them being perfectly aware that it is unlawful. Then reporting Cabot to the police for harassment using the other

examples as evidence that they know they are acting unlawfully so there is no

need for you to give Cabot any warning.

 

Below is taken from another post which indicates all the acts infringed by Cabot

 

Quote=I have enquired about the legalities of your actions, which can be classed as harassment, and I am familiar with the terms of Section 40 of the Administration of Justice Act, Protection from Harassment Act 1970, Article 8 of the Human Right Act 1990 and the Wireless Telegraphy Act 1949.= Unquote

[mac3511]

My wife and i got 19 calls from cabot in 8 days

[Skell18]

That is discusting!! Hw can they still be operating whislt fully aware that they are performing a criminal act? I say sue in a civil case, and sue big, take them for a few million (im not a PI lawyer, im a corporate one, but im sure you could sue for a substancial amount, even though the judge will decide the final damages) really put the boot up them, try and shut them down, anything. They cannot be left to continue in this manner!

[andrew1]

Bank of Scotland told me that 15 calls and more in one day are deemed as harrassment after I read out HagenUK's wonderful letter to them about telephone calls and the communications act.

 

So 14 is okay then ?:o

[Lollipop123]

Well at the moment i am getting 8 calls and 2 text messages a day from Capital One. I have sent them the harrassment letter (cheers for that one!!!) but still they continue.

 

I wouldnt mind, but as i put in my letter to them, i have a hearing problem (hopefully temporary) so cant actually hear much. Mind, most of the calls are silent...

 

Whats my next move? the link in the OFT website no longer exists.

[moneycheatingexpert]

First golden rule DON’T GIVE THESE PEOPLE YOUR TELEPHONE NUMBER.

 

I know it’s on the application form and your chances of getting the loan, bank account, credit in the first place are reduced if you don’t complete this part of the application, but I would advocate changing your telephone number as soon as you have the loan/credit card, etc.

 

Change your home number now!!!!

 

Do it because although I like the idea of giving them the number to an all night taxi rank when they change your number they usually record the previous one as well, so you’ll still get calls.

 

BT will allow you to change your number for free if you tell them that you are being hassled by numerous withheld sales calls, if you simply ring up and ask them to change because you are being hassled by creditors they may not be as sympathetic and charge a small fee for the service.

 

Don’t stop there because these people are not stupid more is the pity. Go ex-directory this is free service and they hate it when people do this, trust me. Anyone who obtains your ex directory number is breaking data protection laws and this is serious stuff, we are taking prison for the offenders.

 

But why stop there get BT to stop all incoming withheld numbers, I believe this also has a small annual fee but 99.9% of debt recovery companies use withheld numbers use this against them.

 

Don’t stop there, for free BT will allow your number to be withheld on every out going call you make, so if you need to call these animals and they ask you your new number you can tell them you can’t remember it and they can’t see you’re your number displayed.

 

Despite what rubbish they tell you, you are under no obligation to give them your new telephone number as long as they have an address to contact you and you are not deliberately trying to avoid debt, you don’t need to give them a telephone number.

 

Hope this helps and the first of many contributions designed to turn the tables on our psychotic and inhuman debt collecting system.

 

Regards,

 

8)

[reorete]

im gutted cabot only phone me once a day i dont understand why you lot are getting more calls then me but i will be complaining to cabot

[Spirit2534]

How about giving a new number that you can contacted on (by a friend ofcourse as a Premium rate number) How long before the moron at the DCA catches on.

[andrew1]

HAHA, this makes me laugh, this thread started in 2006 on Cabot and only has 17 posts yet it still keeps going , someone pops in every couple of years.

 

Just for the record, Cabot has taken a thrashing, lost over £40 million during 2007 and 2008 and lost their beloved CEO Ken Maynard since this thread began thanks to people energised on here to make them abide by the CCA they use against us and the OFT Guidelines.

 

It's a measure of our success to demonstrate people power actually works. I make no excuses for being proud to have been at the core of changing the Debt Collection industry forever on CAG with my fellow Cabot Fan Club members and all those who demonstrably waded in and put the pressure on the whole industry to change its ways and whilst there are still a few exceptions, many have gone to the wall as a result of this people pressure and all the remaining companies have had to change their ways beyond our wildest dreams.

 

I still don't like the Debt Collection Industry, but at least they have learned a lesson or two when the fantasy world they lived in imploded. So well done, take no nonsense and bring them to heal if they step out of line.

 

In Loving memory from

The Cabot Fan Club

 

What a brilliant bunch they are.

[Dougal16T]

Drafted this letter in reply to the two telephone calls that were received this morning, despite the letter (see first post) pledging not to call!

 

 

Morning all,

 

This letter referred to by hagenuk is one of the best letters I have seen. Totally factual, and to the point. Well done hagenuk!!

 

As for the Law, this letter is a properly worded warning not to commit this offence in the future at any time, and that failure to do so will result in both Civil and Criminal proceedings.

 

I have taken the liberty of adding this letter to my files!

 

Best wishes to all

 

 

Dougal

[ActionAgainstHarassment]

Cabot Financial appear to be the most unethical company currently operating in the UK.

 

Cabot have been telephoning my 11 year old granddaughter on her mobile telephone, (it is registered in my name) and despite her being very clear when speaking to them that she was an 11 year old girl they still continued to call.

 

On the 4th June a letter was delivered to Cabot requesting that they cease and desist from this activity. Again this has been ignored. Each and every day, (with the exception of Sunday's) calls are received on my granddaughter's telephone. At least one per day but more often two per day or more. The last call was at 12:47pm today 24th June 2013. Please be aware that by granddaughter has been made fully aware of Cabots behaviour and there is a call blocker on the telephone so she is not having to deal with their unethical tactics.

 

We are of course keeping a log of all the calls, and wait to see how long this extraordinary and unethical behaviour will continue. They will be reported to the authorities and the press will also be informed.

 

On the 30th May 2013 Encore Capital Group Announced an Agreement to Acquire Controlling Stake in Cabot Credit Management.

 

Encore's President and CEO Ken Vecchione stated “This acquisition represents a long-term commitment for Encore,” said Vecchione. “Our two companies are culturally aligned to enable outstanding collaboration, and share the same respect and concern for the consumer.”

 

Interesting perspective on sharing "the same respect and concern for the consumer" Mr Vecchione! The same press release stated "The company, (Cabot), prides itself on its ethical values and high standards"...Indeed.

 

The Board of Directors comprises of:-

 

Neil Clyne - Group Chief Executive

Glen Crawford - Group Managing Director

Chris Ross-Roberts - Group Chief Financial Officer

Steve Mound - Group Chief Operating Officer

 

Full details of the operating companies, their directors can be found on the Companies House website

 

The person who leads the charge in terms collections is Andrew Hughes - who entiltles himself Head of Collections Strategy - and what a strategy Mr Hughes!You can find Andrew Hughes full details on LinkedIn.

 

Finally please help me to help you. Many here and on other forums appear to have suffered rudeness, unethical behaviour and more. Please keep a record of your contacts with Cabot, both good and bad.

 

This company must be stopped.