Cabot financial and ORBIT just sent a man to my door!! I am a vulnerable customer. What do I do?

samantham06

Hello,

I am paying back at £5 a month a very old debt (so old it comes off my credit file this year)
Cabot have been harassing me for months by calls, emails, texts and warning letters to fill out a budget form. I ignored it and told them to stop contacting me as I am autistic, paying it back and also vulnerable due to medical needs.

They continued and sent warning letters that orbit will come. 

Just now a man from ORBIT banged on my door!!!!!!! It frightened me and I told him I am vulnerable and to F off and NEVER knock on my door again (sorry but I have severe anxiety) CABOT have me down as vulnerable. 

Why are they doing this???? Do they have any legal right to do this???

I saw on posts to send this, so I have just emailed it to them, and I have cancelled the DD because how dare they! 

"Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added.

I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I will pay a payment of £1 which is the fee payable under the Consumer Credit Act 1974. Once you have confirmed receipt of this, I will contact you to pay the £1.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account"

MattMattMattUK

samantham06 said:

Hello,

I am paying back at £5 a month a very old debt (so old it comes off my credit file this year)
Cabot have been harassing me for months by calls, emails, texts and warning letters to fill out a budget form. I ignored it and told them to stop contacting me as I am autistic, paying it back and also vulnerable due to medical needs.

They continued and sent warning letters that orbit will come. 

Just now a man from ORBIT banged on my door!!!!!!! It frightened me and I told him I am vulnerable and to F off and NEVER knock on my door again (sorry but I have severe anxiety) CABOT have me down as vulnerable. 

Why are they doing this???? Do they have any legal right to do this???

I saw on posts to send this, so I have just emailed it to them, and I have cancelled the DD because how dare they! 

"Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added.

I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I will pay a payment of £1 which is the fee payable under the Consumer Credit Act 1974. Once you have confirmed receipt of this, I will contact you to pay the £1.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.

They are sending someone around to first ascertain you are still at the address and to seek increased payments as £5 is likely to take a long time to clear the debt. Yes they have the legal right to do this.

With your regard to the credit agreement you can request that and they do have to supply it to you, depending on how old the debt is they may take some time to do so. 

How much is the debt, how long have you been paying £5 a month for, what kind of debt is it, credit card?

Ayr_Rage

Surely you must already have the details if you have been paying it off at £5/month.

samantham06

MattMattMattUK said:

samantham06 said:

Hello,

I am paying back at £5 a month a very old debt (so old it comes off my credit file this year)
Cabot have been harassing me for months by calls, emails, texts and warning letters to fill out a budget form. I ignored it and told them to stop contacting me as I am autistic, paying it back and also vulnerable due to medical needs.

They continued and sent warning letters that orbit will come. 

Just now a man from ORBIT banged on my door!!!!!!! It frightened me and I told him I am vulnerable and to F off and NEVER knock on my door again (sorry but I have severe anxiety) CABOT have me down as vulnerable. 

Why are they doing this???? Do they have any legal right to do this???

I saw on posts to send this, so I have just emailed it to them, and I have cancelled the DD because how dare they! 

"Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added.

I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I will pay a payment of £1 which is the fee payable under the Consumer Credit Act 1974. Once you have confirmed receipt of this, I will contact you to pay the £1.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.

They are sending someone around to first ascertain you are still at the address and to seek increased payments as £5 is likely to take a long time to clear the debt. Yes they have the legal right to do this.

With your regard to the credit agreement you can request that and they do have to supply it to you, depending on how old the debt is they may take some time to do so. 

How much is the debt, how long have you been paying £5 a month for, what kind of debt is it, credit card?

They are not legally allowed to do this. 

fatbelly

samantham06 said:

I told him I am vulnerable and to F off and NEVER knock on my door again (sorry but I have severe anxiety) CABOT have me down as vulnerable. 

That was the correct response.

fatbelly

If this is a Consumer Credit Act debt then you always have the right to request a copy of the Original Agreement.

The point of those sections that you quote is that, whether or not you already have a copy, they must be able to show you that they have a copy.

The Act, as it stands, dates back to 1974 when £1 was a reasonable admin fee ( it was originally 15p) and everyone had a chequebook.

What we usually do these days, to comply with the act, is to send a postal order. Very often it gets returned.

Creditors usually comply with the spirit if the Act so if they cannot access, or reconstitute, a copy they will tell you and also tell you that the debt is unenforceable while that situation remains.

You can then stop paying

samantham06

fatbelly said:

If this is a Consumer Credit Act debt then you always have the right to request a copy of the Original Agreement.

The point of those sections that you quote is that, whether or not you already have a copy, they must be able to show you that they have a copy.

The Act, as it stands, dates back to 1974 when £1 was a reasonable admin fee ( it was originally 15p) and everyone had a chequebook.

What we usually do these days, to comply with the act, is to send a postal order. Very often it gets returned.

Creditors usually comply with the spirit if the Act so if they cannot access, or reconstitute, a copy they will tell you and also tell you that the debt is unenforceable while that situation remains.

You can then stop paying

Thank you so much.

How do I get a postal order please? 

Was it legal they sent this man to my home today?

MattMattMattUK

samantham06 said:

MattMattMattUK said:

samantham06 said:

Hello,

I am paying back at £5 a month a very old debt (so old it comes off my credit file this year)
Cabot have been harassing me for months by calls, emails, texts and warning letters to fill out a budget form. I ignored it and told them to stop contacting me as I am autistic, paying it back and also vulnerable due to medical needs.

They continued and sent warning letters that orbit will come. 

Just now a man from ORBIT banged on my door!!!!!!! It frightened me and I told him I am vulnerable and to F off and NEVER knock on my door again (sorry but I have severe anxiety) CABOT have me down as vulnerable. 

Why are they doing this???? Do they have any legal right to do this???

I saw on posts to send this, so I have just emailed it to them, and I have cancelled the DD because how dare they! 

"Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added.

I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I will pay a payment of £1 which is the fee payable under the Consumer Credit Act 1974. Once you have confirmed receipt of this, I will contact you to pay the £1.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.

They are sending someone around to first ascertain you are still at the address and to seek increased payments as £5 is likely to take a long time to clear the debt. Yes they have the legal right to do this.

With your regard to the credit agreement you can request that and they do have to supply it to you, depending on how old the debt is they may take some time to do so. 

How much is the debt, how long have you been paying £5 a month for, what kind of debt is it, credit card?

They are not legally allowed to do this. 

First you ask if they are allowed to do this, I replied that they are, which is the law. You now try and claim that they are not legally allowed to do it which is wrong.

MattMattMattUK

fatbelly said:

samantham06 said:

I told him I am vulnerable and to F off and NEVER knock on my door again (sorry but I have severe anxiety) CABOT have me down as vulnerable. 

That was the correct response.

I am not sure it is correct to say that someone should be told to "F off" for doing their job, a job. 

Rob5342

Ayr_Rage said:

Surely you must already have the details if you have been paying it off at £5/month.

What matters is whether Cabot have a copy of the CCA. If they don't then they cant take any legal action to enforce the debt so samantham06 can simply stop paying it. 

EssexHebridean

Ayr_Rage said:

Surely you must already have the details if you have been paying it off at £5/month.

That doesn't necessarily follow. In any event it's not relevant whether the debtor has it - the relevant question is whether the creditor is able to supply it. 

OP - while I think most of us wouldn't exactly encourage you to swear at someone in this situation, telling them to go away is entirely appropriate.  You can also contact Cabot and tell them that going forwards they may only contact you by means of letters sent hard copy in the post, and that any further contact by other means will be treated as harassment and will lead to a formal complaint about their conduct. 

Fatbelly et al, is this a situation in which a formal revocation of implied right of access is appropriate and/or useful?