Suzy H v CABOT FINANCIAL

[Suzy H]

Hi guys

 

Geeze I have been away from here for so long that it seems I have forgotten everything I learnt.

 

Just when I thought my life was back on track and debt free I got a letter (addressed to me but sent to an old address) from CABOT FINANCIAL saying they were going to call this week

 

I called them and they said this was regarding an outstanding debt to Tesco Personal Finance and they said they had been trying to contact me (at my old address).

 

Way back in 2006 I did have a debt to Tesco Personal finance and after a couple of CCA's to a couple of different debt collecting agencies I heard no more about this account ... until now that is.

 

This has completely knocked the wind out of my sails as ...

1) I now no longer live in the UK and realise correspondence with them is not only going to be expensive BUT in order for me to be able to correspond with them I am going to have to give them my current address.

2) as they have my mothers address they will no doubt start hassling her!

 

Nightmare ... but I see there are lots of threads about CABOT FINANCIAL so I guess it's back to the 'books'.

 

Would appreciate any advice and or guidance right now re these guys

Edited February 16, 2009 by Suzy H

[Agent Mulder]

Tell your mother to write "not known at this address" in large black letters and bung them back in the post box. If they start hassling your mother with phone calls, she can take action against them as described in the numerous other threads on this topic.

[Suzy H]

Thank you Agent Mulder

 

I guess that's one option worth looking at but I think, knowing my luck, that will cause more harm than good

 

What's the general consensus on email correspondence?

[cerberusalert]

If you don't want them to know where you are I wouldn't use email. Although many people think emails are anonymous they are anything but. Anyone who has a little computer knowledge will be able to open the email headers and using its contents be able to back trace to your ISP address and a simple web search would determine from where it originated from, at the very least which country and a rough area where in it.

[Suzy H]

Hi cerberusalert

 

Aaarrrggg yes ... I completely forgot about those blinking IP's! Just wanted it sorted but without mixing my 'old life' up with my 'new life'!

 

Even using the address they have right now as just a correspondence address would no doubt turn into a nightmare as I am not there to deal with the account so I guess, as Agent Mulder, has said ... send the letter back 'not known at this address'

[Agent Mulder]

Hi cerberusalert

 

Aaarrrggg yes ... I completely forgot about those blinking IP's! Just wanted it sorted but without mixing my 'old life' up with my 'new life'!

 

Even using the address they have right now as just a correspondence address would no doubt turn into a nightmare as I am not there to deal with the account so I guess, as Agent Mulder, has said ... send the letter back 'not known at this address'

 

The downside of this is that your mother might be harassed by these people. Like a dog, once they've got their teeth into something, they tend to hang on untill rapped sharply on the nose. If they manage to discover her telephone number, she can expect unwanted calls. If that happens, she has a legal remedy.

[Suzy H]

Thanks again for your input Agent Mulder

 

I have taken your advice and posted the letter back to the UK where my mother will then post it back 'return to sender'. I have told her not to sign for any recorded delivery letters for me etc (just in case).

 

I had thought long and hard about the pros and cons of working out an amicable resolution to this but, since I know the lengths these people will go to, I decided to send the letter back.

 

If I remember rightly the reason it all fizzled out before was because no one could produce the correct paperwork after I CCA'd them so it was bumped from debt collector to debt collector.

 

After reading through the Cabot threads I guess they are just chancing their luck and do not have the paperwork either!

 

Thanks again for taking an interest ... you have really put my mind at rest

[cerberusalert]

If your mother does get 'nuisance' telephone calls she can send the following;

 

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. Only certain people can visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

[Suzy H]

Fantastic ... thanks for that cerberusalert really appreciate it