Hi, Thanks for the help. Who do i complain about? Is it Cabot as the original compant i dealt with or do i need to write about each DCA that contacts me? Thanks.

Hi, A while ago i was having problems with cabot about a debt they were chasing that i did not recognise. I followed the usual CCA demand and they were unable to provide a copy of they original agreement. I am now sure the debt is statute barred anyway and Cabot stopped writing to me. The problem is they seem to be passing this "debt" around all the DCA's. Ive been contacted by FIRE (another arm of Cabot i think?), Mackenzie Hall and now an outfit called Robinson way! Each time a new DCA gets in touch i send them a letter explaining the situation, then i hear nothing more till the next DCA gets in touch! How do i stop the cycle? A quick time line to give you the background: 21/04/08 Cabot 1st get in touch. tell them debt is not mine. 25/04/08 find a default on credit file from cabot, last payment received around 14/09/03. 01/05/08 send off a CCA request notice to cabot. 16/11/08 received this: I wrote back rejecting this as it is not a credit agreement and the time scale it took to get it. They stopped getting in touch. 12/08/09 F.I.R.E A DCA get in touch asking i contact them about the cabot debt, i ignored the letter. 18/11/09 Mckenzie hall DCA write to me requesting payment or they would take action. Letter sent to them about not being my debt, nothing more heard. 14/01/10 Robinson Way DCA write to me about collecting the debt, again letter sent to them. 24/05/10 Phone call received from Robinson Way, They ask for some personal details which i wouldnt give, they ask me to go back and read any letters they have sent and ring them. so thats where it stands now. How do i get my details removed from the DCA circuit? I dont want any more letters and no more phone calls! Thanks in advance,

Hi, I am going through a bit of a torrid time at work at the moment and hope someone can help me out! I have been at my current employment for about 6 years or so, i have an unblemished record and have probably had about 4 days off sick in the time i have been there. On tuesday i was received a phone call offering me a job with the highways agency but the offer was subject to passing a medical and C.R.B checks, if these were ok i would officially start April 1st 2009. I was also asked if it was ok to contact my current boss for a reference in the next few days. I only have to give one weeks notice to my current employer but as a courtesy to them i informed them of my plan to leave if my medical etc was ok. this was to give them time to employ/train someone to work my machine and as i was the only first aider to give them time to sort this out. My boss was fine about it and asked if i would write down the dates so he could let the owner know, i did this and gave him a piece of paper saying "if i leave my last week of employment will be 23rd to the 28th of march 2009" and that was all, No date,no signature nothing. The next day the manager called me into the office saying the owner wants it signed, i refused as it wasnt actually my notice. that would be handed in 1 week before i finished. twice that day iwas spoken to about signing it, again i refused. Today the owner took me into his office and said i need to sign the dates so it can go on record, i stood my ground and refused, this went on for half an hour. He was insisting that i must sign it. In the end he gave up asking and said he would decide how to deal with me on monday! So, After that long winded story my question is can i be made to sign this in anyway? The fact i have wrote down some dates cant be used as my notice can it? work has been slow these last months and i have a feeling that he is somehow going to use it as a way to get me off the payroll without having to give me any money. hope someone can help. Thanks as always.

Hi, I have heard of this before on here, You may be right and i did think of removing it but when i think about it even if it was their barcode it wouldnt matter would it? i am just getting advice from better informed people than myself, nothing is put on here that they dont or wont soon know about anyway. Its a good theory though, may pay to remove them in future. Back to the help i need though, has any one got any advice on what i do next? even i can see its not a complete credit agreement but do i challenge them or just ignore them? Thanks.

Hi, Cabot are well known on here for not letting the facts get in the way of them claiming you owe money!!! Still not sure where i stand though, if they have not sent me the relevant and correct paperwork (ie CCA) then do i need to write to them and reject it. I would also like to make a formal complaint so would i cover it all in one letter or write two seperate letters? Thanks.

Hi, Thanks for the quick response PT. Qoute "Quite simply what you have been provided is an improperly executed agreement ( see s65(1) CCA) now that document is not enforceable save for an order of the court turning to s127(3) CCA you will see that the court is prohibited from making such an order if the document fails to contain the prescribed terms, which this document does:wink: so it is very possible that Cabsnot have brought a duff one" What would my next move be? Do i just ignore them now as they cant enforce the alleged debt or do i need to write them a letter stateing that they still have not complied with my CCA request and therefore make a formal complaint? Thanks again.

Hi all, Its been a while since i last updated because i thought it had all been sorted.....but !!! I recieved a pack through the post today from cabot, inside was the following bits. This hasnt been doctored by me, this is exactly how it came ! also in the pack were some statements from 2001 till 2003 showing they last recieved a payment on 16/07/03 (the credit card company not cabot). They also sent two sheets of photo copied terms and conditions for a monument credit card. Now from the start i have said i know nothing of the debt, i still stand by that. The first picture that shows the signed part of the " agreement" does look like my handwriting and my signature (i have deleted them off before posting on here) but it looks like an application for credit, in fact it is stamped by them with "subject to approval". It also isnt attatched to anything so could relate to anything surely. Now i cant remember in 2001 if i applied for a credit card of them or not. My other problem is that the terms and conditions they have sent me are for a monument credit card and the signed application is for providian credit card. monument took over providian in January 2004 but the signature of mine is dated 23/09/01 so its impossible for this to be the correct terms and conditions at the time of the signature. The statements worry me also, They have my name and address on but i have never owned a providian credit card and as such have never made any payments to them. how could this happen??? Where do i stand legally now, have they really provided what they needed to under CCA rules or are they trying to bluff me? Your help is always appreciated, thanks.

Hi, Good advice as usual. If you look back at post number 8 the last part of the letter states that it is now a formal complaint, Should they have sent out their complaints procedure then or do i have to specifically ask for it? Cheers.

Hi, Ok, I have edited the letter and removed all the stuff that ms word added. It still is putting smileys instead of 8's but i think you can get the idea of the letter. Thanks again.

Hi, My bit of advice would be to never, never talk to them on the phone. Believe me i tried and you are wasting your time!! Only deal with them in writing so you have proof of what was said. If you look around this forum you will find a template letter to send them to stop the phone harrasment, But as someone else mentioned i dont think they have any right to give out any account details to anyone but the original debtor, i might be wrong but isnt that what the data protection act is all about? You will get some really good advice on here like i did so dont let them get you down! Good luck

why is it putting all the font info into the reply????? Copy and pasting from ms word!!!

Hi, I have just quickly jotted down a response to cabots last letter. I am not the best letter writer in the world so some constructive critisism or some pointers would be very welcome[/font] Thanks as always 30th July 2008 Cabot Financial (Europe) Limited, P.O. Box No. 241, West Mailing Kent, ME19 4NE REF: xxxxxxxx I do not acknowledge any debt to you or anyone you represent. Dear Sir/Madam Thank you for your letter of 22/07/08, the contents of which have been noted. On the 25/04/08 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. As you readily admit you have failed to provide me with said agreement. In your letter (dated 22/07/08) you draw my attention to paragraphs 1 and 2 of schedule 2 of the Data Protection Act which states that: 1) The data subject has given his consent to the processing of any personal data. 2) The processing is necessary for the performance of a contract to which the data subject is a party. Can I draw your attention to the fact that both of these conditions would only be valid if a true signed copy of an agreement was available? Without out this agreement I cannot understand how you can claim to have my consent to process my data. I would also like to point out that the true signed copy of the agreement is needed by yourselves before you can make any claim to a contract between me and your company. As a result of your reply I now feel your company has no interest in helping me resolve this complaint and you are leaving me no option but to end communication with you and your company and contact the relevant authorities, including but not exclusive to, the financial ombudsman service and the information commissioner’s office. However, to reciprocate your gestures of goodwill, I will allow you 7 days from receipt of this letter to re assess your position. I would ask that you read through my letter (dated 06/07/08) and act on my request. If I do not receive a satisfactory response within 7 days I will assume that you stand by your original response and I will make an official complaint to the relevant authorities.

Hi, While i write my response to the last letter from cabot i have a question i need answered! If a DCA is unable to provide a C.C.A within 12 days they then default and can not demand any payments while the account is in dispute, Correct? They are then allowed another 30 calender days to provide the CCA but what does it mean if they dont? If you read through my posts you willl see that cabot can not provide a CCA and are well over the 30 days now but they dont seem that bothered so what is the point of the 30 days? what does it actually mean to them if they cant provide it?. ps. Any help in composing a response letter to the last cabot letter i had would be appreciated. Thanks as always.

Hi, Just been reading the letters again, Does anyone know if this will be a personal response to my letter or if it could be a standard generated letter they send to everyone who asks for them to stop processing their data? Its just the more i read it the more it doesnt make sense for them to keep mentioning a contract when thats the one thing they can not provide me a copy of ? Thanks David.

Hi, Its took a while but i can now post an update! I took your advice (thanks again) and sent Cabot a letter which roughly followed the template and basically said they had the wrong debtor and that i wanted them to remove any info they held on me and stop processing my data etc. I got this letter in response: sorry about the images quality. it is all one letter and the same size text in the original !!! Now the way i read this they are saying that they are allowed to keep my data because i have given my consent (condition 1), I presume the are refering to a signed credit agreement. They do not have one because one does not exist! They also seem to be using Condition 2 which again talks about a contract, Without a credit agreement what contract could there be? Am i missing something here or are they saying we can not provide any evidence of a contract but because we THINK there is one then we will keep hounding you and processing your data? Any ideas of where to go with this or is it time to go straight to the regulators? Thanks again.

Hi pt2537, Thanks for the advice, The goal i am trying to achieve is that they remove a default from my credit file. The debt is not mine and this is backed up by the fact they can not provide any information that i ask for. I am struggling to find a way to achieve this, i Know for a fact that i have suffered because of the default notice, the reason i know about it was my mortgage company contacted me about it when i was buying my house, it caused loads of hassle and I'm sure i could have gotten a better deal if it wasn't on my file, I think its unbelievable they can ruin my credit file without making sure they have the right person. If this letter isn't the correct way to getting the default removed then how can i do it? Thanks again for the advice.

Hi, Thanks again for the template maroondevo, I have made a couple of small changes to make it more in line with my situation and would appreciate any feedback. 22nd June 2008 Cabot Financial (Europe) Limited, P.O. Box No. 241, West Mailing, Kent, ME19 4NE REF: xxxxxxxx I do not acknowledge any debt to you or anyone you represent. Dear Sir/Madam Thank you for your letter of 05/06/08, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the 25/04/08 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on 15/05/08. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence. These limits have expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. And (b) if the default continues for one month he commits an offence. Therefore this alleged account has become unenforceable at law. You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and Failed to provide any of the documentation requested. From the first contact between myself and your company I have strongly denied that this alleged debt is, or has ever belonged to myself Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully Mr xxxxx

Hi, Thanks maroondevo, its got to be worth a try. I might add on that because they can not provide a signed copy of any agreement then they must not have my permission to share information with third parties etc so the should remove any defaults listed with credit reference agencies. Thanks for the template.

Hi, Thanks for the replies. I am confused now, What is the point of the 14 working days then 30 calender days time period for a cca request if they can just ignore it and write saying they need more time? I don't want to give them more time, i have already given them the time i thought they were allowed, they cant comply, so they should take the default of my credit history surely. The debt is not mine, its not just an attempt at avoiding paying. Would it be worth getting in touch with equifax and asking them what i can do?, What about the financial ombudsman? cant they force them to stop the letters and get the defaults removed? Thanks again for the help. Scatooony71

Hi, I have been using this forum to fight a claim by Cabot that i owed them about £700. I was adamant with them from the start that they had the wrong person and i had never had a barclaycard as they claimed. I bought a copy of my credit file and noticed two defaults on it, one from Cabot one from barclaycard, both filed on the same date and for the same amount!! Having used this excellent site to try and get them to listen i have received the following letter after i asked them for a copy of a credit agreement to prove the debt was mine. So now i need the last bit of help. If this is a kind of admission that they can not provide a copy of the credit agreement then what are my options now. My initial goal was to get the defaults removed from my credit file (they have been on for four years without me knowing !!) so where do i go now to achieve this? I cant thank you all enough for the help getting to this point, we almost paid up after getting threatened with court. look forward to reading any replies with help. Thanks again Scatooony71

Hi, Just a quick post to bump this up. I really could do with some advice so i can get this all sorted.

Hi All, Got this letter through the post this morning (sat 7th june) Does this mean that as i thought they can not prove the debt is mine, as i have already told them, and that i can now get them to remove the default of my credit file? What kind of letter do i need to send to them now to get it removed if thats what i can do? Thanks in advance.

Hi, Just a quick update. I have received the "experiencing delays getting info from archives" and "as a gesture of goodwill your account is on hold" etc letter that Iceman referred to on the earlier post. Nice to know you are just another line in the generated letter machine, God forbid you might deserve a personal reply to your concerns !!! I just need to clarify one point though, When you refer to " another 30 calendar days" does that mean weekends and bank holidays are included in that?. Sorry if i am asking the obvious but thought i should just check. Thanks you all who have helped so far.

Hi, I have sent the letters off as advised, thanks again! I have looked on the royal mail website and they were delivered 30/04/08. So what is the timescale for things to happen now? When does the 12 day limit start from and how long have they got to reply before i can complain to someone. Thanks. scatooony71

Thanks for the quick replies, It really is appreciated ! I have been looking at the site and have come across the term "statute barred" on a few posts, What is it and are they breaking any laws/rules trying to get me to pay, more so the fact i have no idea what account they are talking about! Thanks again.