Legal Advice Needed on Debt Collection Practices

PortCollie6

Hi everyone,

I'm seeking some advice regarding a debt that was originally with Halifax. I then defaulted, and the debt was then sold to Cabot. I’ve been following a payment plan for several years and have paid off about 70% of the original debt.

Recently, Cabot has been sending letters urging me to contact them to discuss my payment plan. They’ve also sent a third-party company, Orbit, to my residence. Orbit never threaten legal action but they keep mentioning my credit file.

My default with Halifax/Cabot has now dropped off my credit file as the 6 years has passed, and I want to keep it this way.

I intend to continue making my payments as I have been but prefer not to engage with them or alter my current plan. Is there any legal ground for Cabot to take action against me if I choose to ignore their requests to review the payment plan? I’m just looking to understand my rights and any potential risks.

As stated above, my only aims are to keep my credit score clear, and continue to make my payments which I have done for the last few years.

Thanks for any insights you can provide!

adamp87

What I find odd here is if you’ve been making payments they’ve sent orbit out to you that’s very strange.

Do Cabot still own the debt or have they sold it/asked another party to chase it?

they will always try and get you to increase your payment just reply back via a letter saying that’s all you can afford. They might respond requesting a breakdown of affordability but you can ignore that.

As long as you are making a payment it’s rare if any further action would ever come as a result.

usually if they are ignored they’ll stop and send letters again in a few months.. and/or if they aren’t receiving payment or payment quick enough they’d probably sell it on to someone else,  depends.

Cabot are !!!!!! mind. Without knowing more details about the debt hard to advise more.

PortCollie6

adamp87 said:

What I find odd here is if you’ve been making payments they’ve sent orbit out to you that’s very strange.

Do Cabot still own the debt or have they sold it/asked another party to chase it?

they will always try and get you to increase your payment just reply back via a letter saying that’s all you can afford. They might respond requesting a breakdown of affordability but you can ignore that.

As long as you are making a payment it’s rare if any further action would ever come as a result.

usually if they are ignored they’ll stop and send letters again in a few months.. and/or if they aren’t receiving payment or payment quick enough they’d probably sell it on to someone else,  depends.

Cabot are !!!!!! mind. Without knowing more details about the debt hard to advise more.

Apologies, I should have clarified the Orbit & Cabot part.

So I got texts from Orbit some months ago saying "Hello, Cabot have been trying to contact you, so they have asked Orbit to visit your home to put you in touch with their team."

Then a few more texts from Cabot saying I need to call to prevent a visit.

This feels like what you're saying, they want more on the payment plan and are trying to enforce it. 

I was just checking I legally can ignore them? I will take your advice though and tell them this is all I can afford, just incase any legal action could be taken.

The default itsself has elapsed on my credit file and dropped off 2 months ago (roughly when this started), but I've never missed a payment and Cabot (the debt owners) still send me my annual summaries.

Thanks,

Grumpelstiltskin

Why on earth did you get involved with Orbit, they are only door knockers, you should have said if you answered the door ' I am not dealing with you' and shut the door.

Personally I would stop paying Cabot they probably bought your debt for 10p in the £ so you will have paid them back plus more.

fatbelly

PortCollie6 said:

Hi everyone,

I'm seeking some advice regarding a debt that was originally with Halifax. I then defaulted, and the debt was then sold to Cabot. I’ve been following a payment plan for several years and have paid off about 70% of the original debt.

Recently, Cabot has been sending letters urging me to contact them to discuss my payment plan. They’ve also sent a third-party company, Orbit, to my residence. Orbit never threaten legal action but they keep mentioning my credit file.

My default with Halifax/Cabot has now dropped off my credit file as the 6 years has passed, and I want to keep it this way.

I intend to continue making my payments as I have been but prefer not to engage with them or alter my current plan. Is there any legal ground for Cabot to take action against me if I choose to ignore their requests to review the payment plan? I’m just looking to understand my rights and any potential risks.

As stated above, my only aims are to keep my credit score clear, and continue to make my payments which I have done for the last few years.

Thanks for any insights you can provide!

You are entitled to continue making payment to Cabot and to ignore their pleadings and useless agents.

They can in theory start a court claim. There is no legal barrier to that. But they are most unlikely to do so. They could find they spend a lot on court fees and get nothing back. Best to let you keep paying and continue with the harassment

sourcrates

They will probably just have been wanting see if your current payment was still affordable, Its normal to re-assess payment arrangements periodically, as per FCA advice.

They sent Orbit round as you were ignoring contact from them, and they have to tick the box to comply with guidance, you could just send Cabot an email stating your situation remains the same and payments will continue as usual, that should be enough to stop the contact from them.

They won`t be looking to escalate matters, it`s not always about increasing payments, the FCA has them jumping through much smaller hoops these days.

PortCollie6

Grumpelstiltskin said:

Why on earth did you get involved with Orbit, they are only door knockers, you should have said if you answered the door ' I am not dealing with you' and shut the door.

Personally I would stop paying Cabot they probably bought your debt for 10p in the £ so you will have paid them back plus more.

I didn't "get involved" with Orbit. They contacted me, on behalf of Cabot. I've not spoken with them or answered the door.