Thread: Cabot not giving credit reference company notice of payments - help.

Even better, if Cabot haven't got any legal right to be collecting this money, go after them for a refund of what you've paid so far.

Originally Posted by djdave

Even better, if Cabot haven't got any legal right to be collecting this money, go after them for a refund of what you've paid so far.

Totally agree, a few of us are starting to turn the courts back at them and either stop chasing for payment or pay back what has been paid.

you must CCA them and if they fail to meet the 12 days + 1 month time limit you can stop paying until they produce the agreement.

When the don't produce it (which is 95% likely, you can then take them to court. full refund and damages for sharing your personal information.

Originally Posted by hipplegrubber

Hi

Thanks all for the comments.

The original debt was a M&S loan from 1998 (I moved abroad in 2000 and was away for 4 years). When I moved back in 2004, I started getting mail from Cabot and that is when my experience with them started.

I have not CCA'd them so do you think i should?

How does the "12 days + 1 month time limit you can stop paying until they produce the agreement" part work ?

Should I state in the letter that I send that I am stopping payment until I hear from them ? My concern is that this will harm my credit record further.

Thanks in advance

Hipple

They cannot harm your credit rating anymore than a default, this is as bad as a county court Judgement.

The 12 dyas thing is part of the Consumer Credit Act. They must supply you with a copy of the agreement and any terms and conditions within 12 days. After this they are in default and can not chase you. After the 30 days of them being in default you can stop paying, you don't even have to tell them.

You must CCA them as it gives you control.

The downside is that Cabot will not happily remove the Credit Reference Agency stuff until a judge tells them to, you will have to take them to court after they have failed to provide the agreement..

meant to say, M&S will probably have the agreement but both of mine were 95% illegible so only good for bog roll. No terms and conditions were supplied either.

Definately get the CCA request off to them, ensuring you include "I do not acknowledge any debt".

Send it recorded delivery and start counting. Day zero is when they sign for it, after 12 working days you can then stop payments as they are in default. A month after that they commit an offence.

I'll wager that they don't produce anything enforcable, and certainly not within the 12 working days.

There's no need to write to them again until such time as they come up with the goods, but it might be worth sending them a letter after the 12wd reminding them that they cannot put anything adverse on your credit file while the default remains.

(edit: Debt Mountain obviously types quicker than me! )

The original debt was circa £7K and I have got this down to £3K.

My problem is that they have not told any of the Credit Reference Agencies of the payments and thus it still shows as a default. This obviously has a negative effect on my rating.

What balance outstandign does it show on your CRA file?
The default will remain for 6 years after it was entered.

Originally Posted by djdave

Definately get the CCA request off to them, ensuring you include "I do not acknowledge any debt".

Remember the £1 fee or they will try to dodge having to reply. Well they will actually send the £1 back as they are above the law and beleive they are not the actual creditor so don't have to give you anything, but will try to "help2 anyway. Way take 8 weeks, 8 months , 8 years.....maybe never!!!

Originally Posted by djdave

(edit: Debt Mountain obviously types quicker than me! )

DJD, have you checked my spelling/typing lately, Kan't spill ti sav miselv... maybe aye shud rered befoore sumbittin. DM

Originally Posted by Seahorse

it can be worthwhile going for gold.

and very satifying.

Originally Posted by hipplegrubber

Thanks again all.

OK - I will send a CCA letter off tomorrow and see what happens.



This is the part that worries me slightly. I'd love to get the default off the record as I agree it is as bad as a CCJ. I'd even settle if they were to just get the default off my records.

Wel lif you request the CCA and they don't have it you wil lthen be in a excelelnt position to make an offer conditional on the default removal.

Originally Posted by gizmo111

Wel lif you request the CCA and they don't have it you wil lthen be in a excelelnt position to make an offer conditional on the default removal.

Depending on the offer it might be a very good way to clear your file.

I am sceptical if they would make such an offer, I have been made a settlement offer by them to settle my court case which is at an advanced stage and 2 things they were forcing were a non disclosure so I couldn't post anything about it up here and no way would the defaults be removed.

They may do so at an earlier stage if there are a few quid in it for them.