Help please dealing with Cabot

[shieldblaster]

I did place this post in another thread but I thought it might get a bit more attention if i started a new thread so apologies for repeating myself I have only just come across this wonderful forum (the info and help here is mind blowing!!) after googling for debt advice and i find i am in pretty much the same position as others here in that i have had Cabot on my back about an outstanding debt from Monument. On initially being contacted by Cabot i did make an offer of payment but having recently checked my Experian credit file i find i have a default against me from cabot. Nothing new about that i guess except that i did offer a regular payment and have kept to it but having found out about the default i thought it might be interesting to see if i could get it removed because of the fact that it is regularly being paid off so in trying to find out where to start i found a template which i used to cca cabot to which they replied that they need to contact monument which could take weeks if the records our archived etc etc. (i have since found similar letters on this site).

Now to my point Having read the excellent advice on this site am i right in thinking that they have not only breached the 12 day rule (i cca'd them on the 22 March 2007) but also the 30 day rule which now makes them commiting a criminal act and the debt is now legally unenforceable?

If my thinking is right and that is the case where i am i best going from here? I really just want the default removed but i'm aware from reading this site that that's not easy and i need to 'load my guns' in the right order and would be grateful for any advice on the way forward

I am sure there is loads more i want to ask but my brain is beginning to sieze up so perhaps you could help me with what i have explained so far (if it makes sense!)

Many thanks for your help. You people are a Godsend to people with money troubles.. and apologies once again to craig for butting in in his thread

[shieldblaster]

Can anyone offer any advice on tihs...pleassssssssssssee ee

[Jeff2000]

Hello shieldblaster,


Did you send your CCA request by recorded delivery?

If so, when did they receive it?


Regards, Jeff.

[Notty]

My circumstances are exactly the same as yours. I have issued the N1 claim form against Monument for a refund of charges and removal of default but I dont think that will help as it is Cabot who are issuing the defaults. Mine a default from Kingshill No1 but just recently it has changed to Cabot Europe. I also sent off a cca but they only replied to say they were (like your reply) going to contact Monument. I then had another letter saying they did buy my debt from Monument but were not liable for the cca? I have come to a grinding halt now. Not sure where to go from here. If you want your charges back from Monument, then you should start with the letters in the library and then eventually issue the N1 claims form but as far as the default goes I don't think Cabot are playing ball. I have been advised to start proceedings against Cabot. Good luck with your claim.

[shieldblaster]

Originally Posted by Jeff2000

Hello shieldblaster,


Did you send your CCA request by recorded delivery?

If so, when did they receive it?


Regards, Jeff.

Yes..received on the 26/4/07

[elizabeth1]

Originally Posted by shieldblaster

Can anyone offer any advice on tihs...pleassssssssssssee ee

hiya,
Firstly - you need to establish who defaulted you - could it have been the original lender? If so you can write asking them to remove default arguing "unlawful charges" etc. with Surlybonds letters etc.. (will show up in a search using the search engine here).
If the original lender defaulted you - you are able to include "default removal" as part of your claim for charges, PPI, Interrest etc.. but make sure you clearly write this in your POC's.

You can serve an S10 notice on Cabots to make them stop writing - if the debt is unenforceable they obviously have no rights to be writing rubbish about you? Complain to the Information Commissioners Office, FOS, OFT and send copies of what you you have to tell them about Cabots misbehaving (seems they carry on and ignore S10's anyway) You can enforce it in court using an N1 form and that should make Cabots stop writing to the CRA's.

You can write to the CRA's and tell them to stop writing data from Cabots etc.. but you will need your credit reports to establish which part of this group is doing the writing (is it Cabot UK, Europe or the old Kings Hill No1?) then you can target the right part of the company - don't give these people the opportunity to say "sorry wrong company".

But do get the complaints in to the bodies and complain loud and clear once you know what you are dealing with - this company use an umbrella of companies to confuse and complicate issues and will readily cry out "nowt to do with us" - so be a step ahead of them and research what is happening to your data.

Keep reading as all this stuff is on this board to help you - the more you read the easier this will be understood by you. Don't be put off by a few posters trying to mislead - they are there for a purpose. Keep reading and you'll realise which are the valuable threads here.

[shieldblaster]

Thanks elizabeth for your clear and concise directions. I have taken the liberty of cutting and pasting your message so that i can work through it in an orderly fashion

Off the top of my head i'm fairly sure it's Cabot Europe that have defaulted me according to my CR with Experian so I will start with them

[elizabeth1]

Reason I say check who registered original default is Cabot's (undeer whichever guise they decide to use) often shirk the writing to the CRA's by saying "Oh"" we only continue with what the original lender had defaulted and written" - so be prepared for that sloppy excuse and deal with them.
I take it you already did the Subject Access Request to get copy statements & info to reclaim charges etc..? If not - you do need to do this send Subject Access Request to the original lenders (be aware you might get the reply "we sold debt to *** go get your statements off them" reply)

Keep posting if you get stuck - and keep reading the threads - you'll see then how other threads develop etc.. There is always someone around to help you.

[shieldblaster]

I haven't sent anything off as yet elizabeth, I'm in the process of collecting as much advice/help/info etc before i proceed to my next move but you have givem me much of what i need..thanks My next course of action will be the Subject Access Request if only to see just what they have on me and then take it from there, during that time i will also be doing a lot of reading

[Jeff2000]

Originally Posted by shieldblaster

Yes..received on the 26/4/07

Hello shieldblaster,

Are you sure this is correct? You say you sent the CCA request on 22/03/07!!!

Just checking!


Cheers, Jeff.

[shieldblaster]

Sorry Jeff..should have read 26/3/07

[Jeff2000]

Originally Posted by shieldblaster

Sorry Jeff..should have read 26/3/07

Hi shieldblaster,


OK! In that case by my reckoning, they were in default on 13/04/07. This allows for the Easter Bank holiday. It follows that they will have committed an offence on 13/05/07!

Hope this helps.


Jeff.