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Cabot/Kingshill and duplicate defaults

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Last year i received a letter from cabot stating that they had "brought" the debt from monument credit card.

 

i have never responded to the requests for payment etc.

 

i have just looked on my credit report and have noticed that as well as the default being on my report from monument that kingshill which i now know to be another trading name of cabot have registered a default as well as monument.

 

i have never received a notice of default from cabot/kingshill.

 

so are they entitiled to duplicate a default on someones credit file when the default was never with them in the first place and if they have never issued a default letter can they legally/correctly put that on my file.

 

at the end of the day do i raise a dispute with equifax and the others creit reference companies or take it up with cabot.

 

i dont particulary want to deal with cabot in the fact that they will continually harrass - like they do with alot of people.

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Hi

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :-)

 

Saint


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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at the end of the day do i raise a dispute with equifax and the others creit reference companies or take it up with cabot.

 

You can take it up with Equifax.
Last year i received a letter from cabot stating that they had "brought" the debt from monument credit card.

The Notice of Assignment should have come from Monument not Cabot. If I had your details I could send you a letter stating I had bought your Monument account. Would you pay me?

 

Have you sent Cabot a CCA request and a harassment by telephone letter yet?


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Ok First things first You could put a Notice of Correction on to your credit file, but as pointed out to myself from others in the cabot fan club this is a waste of time as potential creditors do not read that section.

 

having two registered defaults for the same account is not allowed.

 

Under the Data Protection Act 1999 Schedule 1 Part 1(The principles)

 

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
4. Personal data shall be accurate and, where necessary, kept up to date.
Also get a CCA off to Cabot/Kingshill to make sure they have a legal right to be demanding monies from you also you should have received a notice of assignment.

 

Further to CCA make sure your first line in the letter is "I do not acknowledge this debt to you or anyone you represent."

 

Send a £1 postal order also just print your name on the letter don't sign it.

 

Sending the CCA will at the very least in my experience get them to suspend the account so they will stop adding interest.

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Sending the CCA will at the very least in my experience get them to suspend the account so they will stop adding interest.

 

Sadly not in my experience.


Slartibartfast

PRS - Semi-retired

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See my thread here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/126290-monument-cabot-default-mysteries.html

 

Monument are pi$$takers and seem to think that both they and Cabot can record the default with the CRA's.

 

Technically, as Cabot have bought the debt,it should be them continuing to record the default.

 

Write to the CRA's and point this out to them. They will then contact Barclaycard directly (who own Monument), and Barclaycard will instruct the CRA to remove the default under their name, leaving the Cabot default.

 

You can then start to deal with the issues with Cabot.

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In relation to Cabot (don't know about other DCA's) the sales agreement between the lender and Cabot specifies that the responsibility of reporting of the Default will pass to Cabot following assignment.

 

 

You need to contact the CRA's quoting the reference of your credit file and detailing the problem. They will contact both companies and finally correct your credit file


Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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update - i did speak to experian by phone who stated that it is incorrect that barblaycard have not marked my account as satisfied when they "sold" the debt on and they are going to file a dispute on my behalf.

 

funny though i have not received any letter from caboot for the past 3 months - lets hope it stays that way

 

when they first called me i twigged on and told them they had the wrong number- they tried a few more times till i just hung up when i recgonsided the number - lol

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I had this problem 2 years ago - and all the b*****ds did was stick there head in the sand. The only thing that will clear it is the ICO (Information Comissioners Office). They are wonderful, friendly and the b*****ds are afraid of them

 

They are the only ones who will force them to do anything - and they get a nice big fine if they don't do as they are told

 

Del

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