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

fatbelly

Where I live, F off is daily language and I hardly notice it.

Which brings me to my topic. The bar for harassment can differ with person and place. You would find it difficult to harass me. The OP is different and their circumstances are known.Yet the creditor persevered with a visit and ignored a notice at the property.

Have a look at

https://nationaldebtline.org/get-information/guides/harassment-by-creditors-ew/

And see if you want to try a complaint to FOS. I think they would want to see you write to Cabot and get a response, or at least give them 8 weeks to do so. Then refer any response to them

samantham06

fatbelly said:

Where I live, F off is daily language and I hardly notice it.

Which brings me to my topic. The bar for harassment can differ with person and place. You would find it difficult to harass me. The OP is different and their circumstances are known.Yet the creditor persevered with a visit and ignored a notice at the property.

Have a look at

https://nationaldebtline.org/get-information/guides/harassment-by-creditors-ew/

And see if you want to try a complaint to FOS. I think they would want to see you write to Cabot and get a response, or at least give them 8 weeks to do so. Then refer any response to them

Thank you- they have done all of these:

•continuing to pursue the debt where it is clear you might have mental health problems which mean you cannot deal with your debts at that time (they have known for years I'm autistic along with other issues)

•pressuring you to pay in full or in large instalments you cannot afford over an unreasonably short time; (frequent letters with a discounted offer to pay in full)

•using more than one collection company at the same time or not telling you when your debt has been passed to another company (ORBIT AND CABOT)

•contacting you too frequently or at unreasonable times (at points every day for a short while, then at least every week, now sending men to my door) 

•not passing on a history of your debt including any payment arrangement you have; (ORBIT man apparently didn't know I am vulnerable nor that I have a payment arrangement) 

•making threatening gestures or statements; (sending letters from ORBIT to send a home visitor round did threaten me, much like I felt threatened when the man turned up yesterday) 

fatbelly

Ok. Send that list to Cabot and tell them that you want a response that you can refer to the Financial Ombudsman. They have 8 weeks.

You could also make reference to the Consumer Duty

https://www.fca.org.uk/firms/consumer-duty

I'm not sure anyone fully understands it but everyone is scared of it

sourcrates

To be honest it seems like a typical standard response when you have a dispute with any debt collector, they ignore most of what you tell them, and continue collection activity anyway.

Yes the implied access thing is more a visual deterrent, and has no real basis in law, as some are keen to point out.

The way to hurt Cabot is to go down the complaints route, by escalating the matter to the FOS, no matter the outcome, win or lose, your complaint will cost them a referral fee of £650.

This is what the FOS charge companies when there complaints totals go over a certain figure.

So I would encourage you to follow fatbelly`s advice and see how the dice roll.

EssexHebridean

It's important to note that the fee that Cabot get charged for the FOS can NOT get added on to your debt - don't be concerned that it will increase the amount you owe - this is a charge that must be paid by the company who have been complained about. 

TripleH

My initial query was whether @samantham06 had actually communicated in writing with Cabot that they did not want to be contacted in person (which they have confirmed that they did) as if you haven't previously then telling someone to go away might seem a little harsh.

@samantham06, it might also be worth sending a message instructing them that them and any associated parties only contact you by post in future and that this note beca permanent addendum to your records.

That you have asked multiple times and specifically stated will help you if they or an associate party turns up uninvited.

Remember to include details such as an account number reference etc in correspondence so they can identify you.

Keep a copy of this correspondence for the future.

samantham06

Hello,

They wrote to me yesterday saying they couldn't get the agreement from the bank.
And that it should be off my credit file (it's not)
And that it's "not enforceable but still requires payment" 
I've cancelled direct debit.

What now please? And thank you all I was so upset last week. 

fatbelly

So they are now allowed to ask for payment but every communication must make it clear that this is unenforceable

https://www.handbook.fca.org.uk/handbook/CONC/13/?view=chapter

I believe you have six months to refer their response to FOS

If they now revert to straight demands for money, that is what you should do

bodybag_2

samantham06 said:

Hello,

They wrote to me yesterday saying they couldn't get the agreement from the bank.
And that it should be off my credit file (it's not)
And that it's "not enforceable but still requires payment" 
I've cancelled direct debit.

What now please? And thank you all I was so upset last week. 

It's a waiting game, which I'm currently doing with cabot now.  Sent a request for CCA 15 or so months ago, they still haven't complied. I do however get an email from them once a week, and the odd letter every 2 weeks stating that I still owe.

I did get a visit from Orbit just before I sent the CCA, just told them to go away. I was happily paying them a token payment every month before they started to rock the boat and demanding more.

I have kept every letter, email they send me, they do state that the debt is unenforceable. 

As long as it remains that way, they won't get a penny from me. 

Keep up the fight...

Oh and just to add, every email and letter I receive over the last 8 to 10 months, they have threatened to send an agent...I'm still waiting...he/she must be walking...