Bumping this thread. Has anyone got Cabot to back down from this position without going via the ICO? Cheers!

Thanks Slick (been away for two weeks hence the late thanks)

Just a brief update on my 2 CQ issues. They're still chasing on the statute barred one but the other they were collecting on behalf of Robinson Way & they've just written to say they have returned that file back to RW. Only got the one issue now pleased to report!

Pleassed to say that Equifax removed this information following my complaint! Small victories - although my equifax credit score improved by almost 200 points as a result (according to checkmyfile.com)

Me & my big mouth! Out of the blue a letter shows up from Barclaycard informing me that on January 1st 2005 they assigned this account to 1st Credit, lo & behold a letter shows up from them four days later. s.78 request sent so lets see what happens. One thing though that I thought was incredibly cheeky! 1st Credit offered me a data subject request for a tenner; are the DCAs that hard up?? Thanked them but took the one pound special instead!

Bumping this thread as I am still at a loss as to how to proceed.

Well! I've heard of bare face cheek but Cabot are taking the biscuit! I had a response back to my s.10 DPA request since Cabot failed to produce a CCA in response to my s.78(1) request in early July. Cabot are refusing to remove my credit file entries & state that "the failure to provide a copy of your agreement in time does not affect the legality of your debt with the Cabot Financial Group but merely renders the credit agreement unenforceable until such time that the agreement can be produced". They are using DPA Schedule 2 (specifically 1 (consent of the data subject) & 2.2.a - performance of a contract to which the data subject is a party). They qualify this with the statement "paragraphs 1 & 2 of Schedule 2 of the DPA are entirely relevant to your case as you signed a credit agreement which has been assigned to Cabot Financial (UK) Ltd". Now this is an agreement that they told me in writing on July 1st (at the time they returned the statutory fee for the CCA request before the deadline lapsed) that "Cabot Financial does not currently have this information on file (meaning the CCA). However we have requested the relevant information from the original lender" So they are relying on a CCA they have never seen & that the OC cannot produce yet still refuse to comply with my s.10 DPA request. I am going to have to take them to court on this I can tell. Any thoughts guys??

The guys on here are dead right. Both of these searches have thrown up dormant accounts approaching statutory deadlines. More tussling ahead!

Pleased to report that Equifax removed all attributable data from my file following the letter of complaint. As a result my Equifax credit score gained nearly 200 points! Result or what!

Hi there it may be worth looking at the agreement (I couldnt read it properly) to see if it includes: (1) The rights & duties imposed on the debtor by the creditor (s.60(1)a); (2) The amount & rate of the total charge for credit (s.60(1)b); t (3) Information on protection & remedies available to the debtor (s.60(1)c); t (4) the information in response to points 1 to 3 is clearly presented as part of the agreement (s.60(2)b) (5) your signature (for agreements starting before 01.04.07 - s.61 (1)a) Without all of these prescribed terms the CCA is improperly executed. Couldnt tell what the start date was but based on it being pre-2007 the following also applies: An improperly executed agreement can only be enforced by a county court judge (s.65(1)). The creditor cannot make you pay. The law prevents a judge from enforcing an improperly executed agreement that has no signature (s.127(3)) This is why Caggers often say not to sign letters to DCAs etc for fear of creative photocopying! The 2006 Act revokes s.127(3) but not retrospectively i.e. this cannot be used for agreements started after 2007. I'm a bit of a newbie, hope this helps. Bumping this thread, at the very least, may get it noticed by one of the stalwarts of this site. Good luck!

The worst case scenario is a county court judgement & subsequent problems with getting credit for six years. However there's a lot an informed consumer can do to avert this. If you think that you are going to encounter problems I'd encourage you to do as much background reading now as possible. You wouldn't believe some of the illegal crap these people will try & pull. Knowing the law & your rights from the outset is their worst fear - an informed consumer. On a personal level, hope things get better soon & if they don't CAG & the fantastic community here will help you protect yourself & your rights. All the best, EC

Hi Neil Your credit files can only be affected depending on how you deal with Littlewoods now. In the absence of an enforceable properly executed agreement you need to make sure they do not pass your information to a DCA who will start making credit searches & worst case scenario start filing defaults on your files. You are in the driving seat with this issue now. Not sure which way I'd proceed; to negotiate a full & final maybe prejudicial at some point later on. Hopefully bumping this thread will mean it gets picked up by a Cagger with much more experience than I. Whatever the outcome; good luck! EC

yeah sunflower. its 2004 Vanquis. Don't imagine Cabot have got a shred of paperwork. Sent a s.10 DPA letter to see if they back off. All the best in court! EC

Thank God for this thread! I thought Capquest had taken on a personal vendetta against me (lol!) I have two seperate issues with them, didnt receive a CCA in response to the s.78 requests & they have continued to send collection letters since the accounts went into dispute. HL Legal have waded in too. One of the debts is definitely statute barred as well. Thanks for the Hants TS contact info; will complain this weekend Regards, EC

bumping this thread!

The thread above is interesting! Anyway, this saga trundles along. I decided to do a SAR on these guys which I drafted & sent this morning. Got home from work to discover I've had a letter from BCW to collect on this. Am I right in assuming that this debt is technically in dispute while a SAR is outstanding? If so this would make BCW's approach deceptive & / or unfair according to OFT guidance

There is finally a NOC on my experian credit file although it is barely worded in my favour (fool for imagining they would be!)

I had the full £750 with PDUK (owing them £937.50). They got Keyes Whitlock to threaten a doorstep visit via email so I emailed them back offering a six month repayment plan. Never got a response from KW & just received a letter from Mackenzie Hall. Been through the OFT guidance & this looks like unfair & / or deceptive as the debt is "deadlocked" (i.e. I've made an offer which they've neither accepted nor rejected). Pretty mad at Muck Hall because they did a credit search on me prior to writing so rattled the sabre a bit & sent them a copy of the email to KW

Clarkes post reminded me that this had been a while but.......Been a bit of a b@lls up; other half was supposed to be sending all the letters rec delivery for me & just realised it didn't happen - don't ask! They're going tomorrow. Will keep you posted

The response to the "prove it" letter has come back. They "noted" I said I wasn't their customer but with the info they hold they believe I am their customer - they also noted the date & amount of last payment on the account (have no recollection but could be right). Now they want my proposals for repayment. OK. So the issues as i see them are: 1. No one told me the debt had been sold on (although I moved several times so I'm sure they could argue they did) 2. Lowells have entered a default on my CRA files - I didn't know I'd agreed with 3 that this could happen! So, the reality here is that I am prepared to make a F&F on this (albeit not this month) but I want to find a way to get rid of the default. Any suggestions guys?? EC

OK, i did a general who are you letter on this one (as I'd not had any correspondence with the DCA) they've come back & said I am their customer & the date / amount of last payment. Going to SAR them now for the data protection breach. Thanks Busby, useful input! EC

Well the 12+2 days since the s.78 request have been & gone & heard nothing back from Cabot so they are now in default. In spite of their promise to write to me if they couldn't respond by the statutory deadline; I've heard nothing (I sent three seperate s.78 requests for different issues & havent received a single reply! Are they really that bad at this??) So guys, am I right in thinking a s.10 DPA demand is next on the list? Thanks for your input, EC

Surprise surprise but I haven't received a response to the s.78 request; so now things are technically in default but I did get a letter offering me a 25% discount for F&F during their 12+2 days period. Dodgy dealings at the CRA & attempting collections activity while the account is in dispute. Think I may need to do another complaint to the ICO. Is it worth complaining to Trading Standards too? Anybody got any input on this other than a s.10 DPA demand? Cheers guys

Keep a copy of the credit report as any suspect info could magically disappear. Sounds as if you could well have them banged to rights on this one. Bumping this thread in the hope it gets picked up by one of the resident brains! Good luck

Has anyone pursued a DCA for defaulting on a telecoms agreement as mentioned in the above thread?