Thread: Cabot/Barclaycard - Harrased for debt i know nothing about!

Advise please as to what to do next - getting extremely p**sed off now.
Someone has been using my details to obtain credit over the last 3 - 4 years. I started receiving letters from different DCA middle of last year. Having reported what i believe to be id theft to the police, and subsequently writing to the DCA's with the crime ref no, and a letter denying all knowledge of these debts, most of them have backed off. I have even received some letters of apologies from some DCA's, whilst others are still investigating. I have a CIFA on my credit record, and someone has been even been caught trying to obtain even more credit in my name, as there are now 5 3rd party fraud entries relating to this person on my credit record.

Ok, this is where Cabot comes in to the equation. I received a letter in June from Cabot stating that Barclaycard sold them a debt in my name for £851. Considering barclaycard are already investigating 2 others debts in my name totalling almost £40,000, this sort of surprised me a little. Apparently, the card was applied for in 2004, and defaulted in may 2005. without any correspondence to me at all, barclaycard sold this debt to Cabot 2 years later.

Initially i ignored the letters because by now i was feeling thoroughly fed up with the whole thing, unfortunately Cabot took my silence to mean guilty, and subsequently placed a default notice on my credit record on the exact day i was offered a mortgage, sad to say my mortgage offer was immediately withdrawn. i am absolutely livid about this whole mess now, my life has been turned upside down simply because DCA cannot be bothered to conduct a little investigation to find out who the debt really belongs to. Anyway to cut a long story short, i sent 2 letters to Cabot on 17th aug. the first one basically informed them that i did not know anything about the debt and that the police were already aware of the ID fraud. the 2nd letter was the one i got off this site, requesting a copy of the agreement under CCA enclosing a cheque for £1.00. below is their response

Letter 1 -

Please find enclosed your chq for £1.00 fee required under section 77 and 78 as we do not accept this statutory fee.
Cabot will always assist the customer and the creditor in providing information and therefore i can confirm that cabot has requested the relevant documentation from Barclaycard and on receipt of this will be forwarded to you accordingly, there may sometimes be a delay, blah , blah , blah, we appreciate you patience and co-operation etc

Letter 2 -

we can confirm that the above referenced account is in dispute and we are currently in the process of investigating the account as it appears fraudulent activity may have taken place. we have requested a copy of the original documentation blah, blah, blah etc etc

from the other threads I have read about Cabot, they appear to be masters of delay tactics.

aaaaaaaahhhhhhhhhhhgggggg ggggg

I am so angry. I want to make a scapegoat of cabot. surely they have breached some sort of act, be it data protection, consumer credit, OFT, something!

I am even prepared to go to court on this. I am fed of being violated by these DCA's.

any help or advise would be appreciated as i am literally losing my mind!

thanks in advance

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Thank you for your reply.

I have done all of that already, but they are refusing to remove the default until they have completed their enquiries. In the meantime, the mortgage company is refusing to agree the loan until either
a) the default is removed or b) Cabot give me a letter stating that the debt does not belong to me.

I'm in a catch 22 situation, can't move forward or backward until Cabot, complete their enquiries. Surely there must be something i can do to speed things up. If I don't, i will lose this house. If that happens, then there will be hell to pay.

The CCA will prove everything. Whether or not it turns out to be enforcable, the main thing is, it will have someone elses signature on it. I would tend to be proactive in all this. Get the SAR info and CCA, and make it YOUR investigation. All that lovely paperwork will have proof in it somewhere that someone has stolen your identity. And if these idiots want to be silly, take THEM to court with the proof.

Thanks again! so i basically have to wait for the cca regrdless of how long it takes for them to get it, before i plan my next move.
As Cabot have returned my cheque, are they still obligated to send the cca within the statutory time limit?

Cabot can do as they wish with the cheque - The fact remains that you have applied and offered payment. They must comply! I hope you have POD by way of recorded delivery - if not keep the letter of reply from Cabot as proof that they must have received your request and count the days from the date of that letter. There is plenty of good advice on this site and some very knowledgable people but I think that your house plans may have to go on hold while you sort this.

Having sent a CCA request Cabot are obliged to send you the documents or to tell you they don't have any. The statutory time limits apply despite their comments. The tone of their letter suggests the latter and in that case the usual result is no paperwork = no debt.

This will place you in a very strong position to turn the tables on Crapbot. Unless they can prove there is a debt payable by you they should remove the default. Indeed you can argue they should never have placed it there in the first place. If a judge accepts that argument and you can show a mortgage company refused your application for a loan that amounts to defamation and Crapbot are liable for damages.

I agree with Seahorse that this is something you should chase hard and don't give Crapbot a second's peace.

Help, advice and encouragement will be available on these forums.

Thanks v much for your replies!
I will give cabot the statutory time limits for my cca request and if i do not hear from them, they will really be in the s&*t.
in the meantime i will be looking very seriously into the 'defamation' angle, maybe i can get them to pay out for a change.
I got a mortgage offer on the 15th august, mortgage provider did a search on the same day, saw the cabot default notice that was not there the previous day and immediately sent me another letter, dated 15th august saying that they were withdrawing the offer. Too much of a coincident for the withdrawal of that offer to not have been as a result of the entry made by cabot!
I'm absolutely rubbish at letter writing so i would appreciate a point in the right direction.
a) i want to send another letter regarding the cca request, and the statutory time limit, and the consequences to them if they fail to provide me with the documents
b) I also want to send them a letter threatening them with possible legal action.

I'm just not sure where to start.
All help greatly appreciated.

Bea

I received the following letter this morning

Dear .......

Further to previous communications regarding the above referenced account.

You have requested copies of all correspondence and information we hold on our records in relation to your (NOT MY ACCOUNT - i wish they would stop refering to this as my account!!!!!) such requests are known as S.A.R - (Subject access request) ans carry a £10.00 fee.
Upon receipt of this payment we would be happy to supply you with the information that you requested.
We look forward to receiving your cheque made payable to Cabot Financial (Europe) Limited if you wish to proceed. Please ensure your payment is claerly marked 'subject access fee'

Sincerely
Emma Robertson.

Surely, they have to supply me with the CCA, regardless? Do i have to pay this money (though, i am very reluctant to pay another single dime to these people for a debt that does not even belong to me!) before they can send me the original CCA? I want to write a reply to this letter and the previous one's received. I want them to know that this time they have chosen to miss with the wrong person.


Another thing, they said that Barclaycard put the default notice on in August, even though cabot bought the loan back in May/June. Could this be possible? or are they just trying to fob me off?


If I do put in a request for a SAR, it will not difinitely not be to cabot. I would go directly to the source of this mess, and that would be Barclaycard. and i would request to see the information on all three accounts that are currently under investigation. Bunch of nomarks!.

Both Barclaycard and Cabot have a lot to answer for! I going to see that someone pays for all this distress i am experiencing! If Barclaycard had done simple checks at the time of the initial aplications, then i would not be going through all this cr*p i am going through now. Obviously, they were more interested in how much money they can make! I think an email to watchdog or someone is due.

Unfortunately, the £10 is a statutory fee, but is the maximum they can ask for. When you send the SAR to Barclaycard, be aware that it should only cost £10, as the info relates to YOU, and is not per account.

Watchdog might like the story.