Apologies if this has already been posted, but here's proof (if it were needed!) that Cabot are well aware of this forum and are already trying to get their side of the story in. http://www.cabotfinancial.com/pdf/Legal%20Misconceptions%20in%20Debt%20Sale%20and%20Administration.doc It's worth noting that in the paragraph about rights and obligations Glen uses the phrases "we do not believe" and "in our view" - he's obviously never tested this arguement in court! I believe it is important that these vaguaries are cleared up once and for all, so that Cabot cannot go around making threats based on their interpretation of the law. Until then I shall be challenging them to prove - in Court - the validity of the alleged debt they claim to own, and not paying them a single penny unless a judge rules it enforcable under UK law. From the tone of Glen's article, we've got them rattled!

Can you post a link to this please, something's gone a tad awry with your cutting and pasting

They've definately made a boo-boo and I understand your frustration, but I don't understand how you would be entitled to compensation. What loss or damages have you suffered as a result of this? If they're investigating a complaint, you'll need to exhaust their complaints procedure or wait 8 weeks before escalating the matter to the Financial Ombusdman Service.

The sticky relates to going after a creditor for a refund, but what about cases where a debt has been sold for a fraction of its value to a DCA, who has gone on to collect money without a shred of proof that they are legally entitled to do so?

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! )

Nail on the head, sadly.

I've got a grave and genuine concern with the lack of diligence shown by CRAs when blindly accepting the word of a DCA. I believe that a DCA should be required to provide proof, in the form of a signed executed agreement, that a debt exists before the CRA would even entertain the thought of recording a default on a person's file. When an ordinary pleb like me complains to the CRA about an incorrect entry, we're told to speak to the DCA - who of course are as much use as a bottle of factor 4 suncream on the surface of Mercury. It's a very one-sided arrangement, and it's starting to come to light just how cosy the relationship between the CRAs and DCAs really is.

You shouldn't have to write to both, but personally I'd send one to Imperial Solutions reminding them of their obligations, and a quick note to KM telling them to refer back to IS. Incidentally, can you give any more info about KM Investigations? The only stuff I can find on t'internet seems to indicate that they're at best a two-man band with no consumer credit licence. I just need to make sure we're talking about the same company before I continue...

Write back reminding them that as they have not complied with the CCA request, the account is in default and as such they are breaching OFT guidelines on unfair practice in debt collection, as well as breaching the Act itself. I'd also be reporting them to Trading Standards for failure to comply with your requests. Also it's worth checking that they're not recording defaults on your credit file while the account is in default.

Here's one for you. Cabot Financial (Europe) Ltd are a registered data controller (Z5415234 if anybody's counting) who claim to own my alleged debt. At no time have I ever given them my consent to process or share my personal data. And yet my Experian credit report contains an entry from Cabot Financial (UK) Ltd, for the purposes of the Data Protect Act a seperate data controller (Z7064593). Obviously they're part of the same parent company, but if they're registered as seperate data controllers do they have any right whatsoever to pass my data around amongst themselves like this?

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.

I've got quite a collection of those "we're sorry for the inconvenience while we try and do our job" letters. So have the FOS

So there's no good reason why recordings or full transcripts of phone calls wouldn't be available in a Subject Access Request.

If you write to them and they don't resolve the complaint within 8 weeks, the FOS will get involved. My 8 week wait for Cabot to fob me off seemed to take an eternity...

Brilliant! :D:D If it doesn't arrive in time, will you be sending them threating letters and phoning them up 10 times a day?

If you had an 8-line signature which didn't impart any useful information I'd probably just skip your posts. Sorry.

A few questions: What are they claiming the debt it? Credit cards and loans would be subject to the CCA, overdrafts would not. Even if the alleged debt is not covered by the CCA, you're right to insist that Red prove that a debt exists before you enter negotiations to repay it. Have you claimed any charges back from Abbey which could reduce this amount? Don't worry about their "threat" of a visit. 99.9% of the time it's just a bluff, and even if they did turn up they're got absolutely no right of entry. Politely but firmly tell them to go away, otherwise you'll call the police. The most important part is if this debt does indeed date back to 1998 and isn't subject to a CCJ then it will be statute barred and legally unenforceable. Red have probably bought a job lot of old debts and are trying it on. You could send a SAR to Abbey, it would cost you a tenner but would reveal full details of any debts, along with any potentially unlawful fees which you could claim back (although be aware most banks are halting repayments pending the outcome of the test case). You're doing the right thing by not phoning them, no matter how tempting it may seem.

Methinks the solicitor needs to look up the difference between baliffs and debt collectors.

It's good that they want to speak to you as clearly you've got them rattled! Don't, however, feel tempted to call them. Write back re-stating that as they are in default they should not attempt any collection action. They should be aware of the law, it's not your job to educate them. They won't take you to court, unless they want to end up looking very foolish in front of a judge. Make sure you keep their letter though

You don't need to do anything. 12 working days from receipt they're in default, in another month they'll have committed an offence at which point you should complain to the OFT. If you'd been paying them, now's the time you could stop. But in your case you're probably best off sitting back and letting them make the next move - or they might just accept their mistake and back off.

I agree that it sounds like a Statute Barred debt, but unless they actually make contact with you by letter I wouldn't normally suggest writing to J2. However, if you believe there's a potential for them to embarrass you with your neighbours etc, then certainly fire off a letter politely but firmly telling them where to go. Remember, the onus is on a DCA to prove than an enforcable debt exists - it's not your job to prove it doesn't.

That's a new one on me: calling their field agents "councellors". Good grief, are there any depths to which DCAs won't stoop? Do LTSB still own the debt, or have they passed it on to Excel? You need to know who you should be dealing with. Don't ring them, but use the budget planner from the templates section here. You should send them a breakdown of income and expenditure and make them a realistic offer. Even if they're putting pressure on you, don't be pushed into offering more than you can genuinely afford. Do you have (or can you get) evidence from your GP that you were ill and unable to work? Also make it clear in your letter that you want to keep everything in writing, and politely decline their kind offer of "councilling".

Do you have any way of recording calls? If they're resorting to those pathetic tactics, it would be very useful to have them saved to produce either in court or in your complaint to the OFT.

Look into my eyes only in my eyes not around the eyes.... when you wake up you will realise think that you are in a circus and start acting like a clown... and you're back in the room!

I'd keep the letter but not respond to it. Mackenzie Hall are probably fishing around for someone with a similar name. If your sister does have an old debt it's perfectly possible that she may genuinely have forgotten about it or thought it was settled. But cross that bridge if and when she comes to it. Remember that the onus is on a DCA to prove a debt exists, not on you to prove it doesn't