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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Received Cabot Fashion World CCA Finally


London1971
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Hi All,

 

Cabot Group £231.13

Default date 15.1.15

OC Fashion World

 

I received a so called reconstituted agreement from them, along with a letter saying they now consider the agreement enforceable.

 

It looks like something a 10 year old could knock together on Word, but I was hoping someone who knows better than me could tell me if it's enforceable.

 

Neither the agreement or the terms & conditions are dated, if that makes a difference. They also sent a statement of charges. About £30 of that £231 are interest charges !

 

Should I just sit tight and wait for a claim form or is there anything else I should be doing here. I have attached the documents,

 

Thanks in advance

cabotcca.pdf

cabotccatc.pdf

We could do with some help from you.

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What date did you enter into this agreement ?

 

I assume your signature is not on it or you have blanked it out ?

 

 

Andy

We could do with some help from you.

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Hi there, thanks for responding,

 

Agreement taken out Nov '13,

 

No signature present,

We could do with some help from you.

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IF cabot have the debt, then its unenforceable. be it charges, penalty fees, incorrect paperwork etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi there, thanks for responding,

 

Agreement taken out Nov '13,

 

No signature present,

 

Then the above would be deemed acceptable with regards to compliance to sections 77/78.....assuming all the details are correct and an exact copy of the original agreement.

We could do with some help from you.

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Worth just paying up as it's only £231 just to remove the threat of a claimform?

We could do with some help from you.

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Wait for any claim form then pay....or possibly defend and see if they can proceed...and if you lose then pay...no CCJ?

We could do with some help from you.

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Ok, do you have a full set of statements from OC or Cabots? You say interest charges of £31 but what about charges and fees from the time the account was active. These will almost certainly be unlwful and unfair so agin get the figures and use them to beat them with if they send a POC as under the new rules getting that wrong will incur penalties of up to 50% of the value of the claim Give them your figures at the correct time and they will have to drop the claim and you will have cost them money and saved yourself a few quid. Put aside a small amount on a regular basis into another account ready to pay up what is actually due when the time comes

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Dont pay until you find out whats wrong with the debt. Cabot dont enforce legit debts. They never have. Theres always something wrong with them. Theyre exactly like marlins were/are. Bottom feeders.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Great advice here as always, I will wait for the claim form if and when it arrives, will deal with it

We could do with some help from you.

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no, get the statements sorted out now so you have somehting to use if a claim does land on your doormat. Leave it until that ;ppoint and you are on the back foot trying to get info when you then only have a fortnight to respond. Do your homework now so you can be confident about waht the furure is

Great advice here as always, I will wait for the claim form if and when it arrives, will deal with it
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Thanks. The Statement that Cabot sent, is itemised with list of everything that was brought and a list of interest charges, it is a significant amount for such a small debt too

 

Would you suggest is is worth sending an SAR to Fashion World?

 

Are interest charges a good defence?

 

I ask this because I have another similar one from Capquest, and just looked through the statement, there is more than £400 in interest !

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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no.

yes get an sar running

you never know what it will throw up

but remember

the claimant if a claim is issued

can ONLY rely upon what they produce

 

what you hold you keep to yourself unless advised otherwise

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Great thanks, I will get an SAR out .

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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