Please help i am very confused

[hayley]

Hi all

If you had an account with a company and then it was passed to a DCA would the DCA have all the history from the very beginning of you having the account with the original company such as payment history etc.

For example

I had a credit card account with Bank of Scotland which was passed onto Cabot, i had late payment charges when it was with Bank of Scotland so would i send the Subject Access Request to Bank of Scotland or Cabot or both?

I hope this makes sense, i have probably confused everybody now like i've confused myself but any help would be appreciated.

Cheers
Hayley

[pmhcfc]

Originally Posted by hayley

Hi all

If you had an account with a company and then it was passed to a DCA would the DCA have all the history from the very beginning of you having the account with the original company such as payment history etc.

For example

I had a credit card account with Bank of Scotland which was passed onto Cabot, i had late payment charges when it was with Bank of Scotland so would i send the S.A.R - (Subject Access Request) to Bank of Scotland or Cabot or both?

I hope this makes sense, i have probably confused everybody now like i've confused myself but any help would be appreciated.

Cheers
Hayley

Best if you go and have a read of Cabot again Help!!! thread Subject Access Request will to to RBOS

[donbracho]

well my cap one debt was sold onto lowell
but i sent the Subject Access Request to cap one as they are the originial creditor adn got my statements from them so i would say send it to bos

[PriorityOne]

Originally Posted by hayley

Hi all

If you had an account with a company and then it was passed to a DCA would the DCA have all the history from the very beginning of you having the account with the original company such as payment history etc.

For example

I had a credit card account with Bank of Scotland which was passed onto Cabot, i had late payment charges when it was with Bank of Scotland so would i send the Subject Access Request to Bank of Scotland or Cabot or both?

I hope this makes sense, i have probably confused everybody now like i've confused myself but any help would be appreciated.

Cheers
Hayley

Hi Hayley,

Although an account may be passed to a DCA, the DCA may not necessarily have any real info. about the account. Therefore, the first thing you need to do is to send a CCA (Consumer Credit Agreement) request to Cabot in order to establish if they have the legal right to pursue you for this account.

Send the request by recorded delivery and keep the receipt. Cabot will have 12 working days from the date of signature within which to comply. If they do not produce the agreement within this time, they will be in default and unable to collect on the account until the document can be produced and re-enforced in court. One calendar month later, their non-compliance also becomes a criminal offence. Therefore, if they don't produce it, no CCA = no debt.

If Cabot are collecting on behalf of the original creditor, then the account will be passed back to them and you can then deal with the original creditor directly, through a Subject Access Request.... to re-claim any unlawful charges to reduce the amount owing.

So at this stage, send the CCA... and see what happens after 12 working days.

[hayley]

Thanks all i have sent the CCA off to Cabot by recorded post so shall keep you posted.