Mel v Cabot - next moves

[100mel]

I sent off my letter for copy of CCA agreement together with postal order at beginning of December. I got a letter back with return of my postal order, stating that they were not obliged to supply this information and were seeking to get it from original lender (but as the original lender couldn't ever provide it, it will be a long wait) They hoped that I would get it in 12 days - nothing has appeared. So what is the status of this apparent "debt"

 

I made a complaint reference the harassment which has now received a response under their complaints procedure or rather an apology for delays in investigating my complaint. However, calls at the moment have stopped

 

My immediate problem is the default sitting on my Experian file against the original lender - Sainsburys. This has caused severe problems for me as no default notice was ever provided despite numerous requests over the last 3 years. Should I now issue Statutory Notice to Sainsbury's and then follow that with Court Claim for compliance? However - they would not appear to be updating Experian as file hasn't changed since September 07. Is it worth making complaint to FOS on the matter of the default?

 

Thanks

 

Mel

[Seahorse]

You'll need to exhaust their complaints timeline before involving the FOS. Be patient.

 

But you'd really need to complain to the ICO about the default. Assuming you have grounds to complain of course. What am I saying? This is Cabot, who won't be able to prove there was ever a legitimate default in the first place. Of COURSE you'll have cause.

[100mel]

The default was registered by Sainsburys back in 2004 - they have never been able to provide proof of this despite many requests to do so - so I do think it is Sainsburys I need to complain about to the ICO rather than Cabot? Cabot have yet to even provide any proof whatsoever of the debt/original agreement

[Seahorse]

Complain about both then. It's Cabot who are continuing the reporting of the default... without any proof they are entitled to do so. I often think that even when it has been shown that there is no reason to do so, Cabot take a perverse delight in continuing to feck up your life. In a somewhat spoilt-child kind of way.

 

Of course, that is only my own opinion, and I have no proof that this is the case. Touche, Cabot.