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Cabot - Default Removal Refused, Opinions Requested


Scrappy01
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Hi Everyone

 

I need some opinions on my little (or large whichever way you look at it) Cabot problem.

 

Cabot bought the CitiCards account that I had.

 

I CCA'd Cabot back in Nov 07 and I'm still waiting for CCA docs. The only thing they have managed to send me is a faxed T&C's which has tipex on one of the reference numbers, clearly hiding something there?!?!?!? Also the T&C's it states that it is a Consumer Credit Act. I know its not, it has no signatures, names and addresses etc.

 

I also SAR'd CitiCards back end of 06 and no agreement there either.

 

The account is in dispute for non-compliance of the CCA but yet they mark a default every month on all of my files and they won't remove it. Surely this is not right. I never signed anything with them to say they were ok to process my data and I never had a default notice from them.

 

Are they allowed to do this? I'm not really sure on where to turn next. Its getting so I'm being dragged in to a stupid argument with them where they think they are right and I think I'm right and things are going round in circles.

 

Where do I stand on the continuing monthly default markers?

 

Thanks, any advice is appreicated.

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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I know this is not much use...but the DCA's & CRA's work in partnership with each other & take sadistic pleasure in things like this.

If its any consolation - credit files are not worth the paper they are printed on, you can have a million CCJ's & defaults on there and still be approved for things.

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Thanks mr.ton. Thing is I can't get approved for things. As you can see from my signature I have a few defaults :( mostly from 2005, nothing recent. I just can't see an end to this one. They will keep defaulting me every month and it will just go on and on and on and stay on my file.

 

I've read a fair bit on here about people tackling the CRA's but unsure if I want to add anyone else to the mix!

 

I did get Vodafone to remove a default by threatening to take them to court for incorrect information and also for all the additional money it cost me due to their reckless usage of default markers BUT I can't see that working in this case.

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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Thanks mr.ton. Thing is I can't get approved for things. .

 

Oh you will do take that from me ;)

Like i said..credit files are not worth the paper they are printed anymore, they used to be - but this country is too messed up now for them to matter anymore.

I assume you've phoned the CRA to see what they have to say?

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Thanks mr.ton. Thing is I can't get approved for things. As you can see from my signature I have a few defaults :( mostly from 2005, nothing recent. I just can't see an end to this one. They will keep defaulting me every month and it will just go on and on and on and stay on my file.

 

I've read a fair bit on here about people tackling the CRA's but unsure if I want to add anyone else to the mix!

 

I did get Vodafone to remove a default by threatening to take them to court for incorrect information and also for all the additional money it cost me due to their reckless usage of default markers BUT I can't see that working in this case.

 

If you managed to get Vodafone to do it then why not with a DCA?

All you have to do is be brave enough to create a fuss/start preaching your legal rights to the CRA on the phone & you just watch how quickly those defaults start to vanish :)

I had a £7000 debt removed from my credit file - i knew darn that well i owed it, but coz the CRA couldnt get satisfactory proof that i was actually the person in question that owed it, they removed it :D

The CRA's are a pushover if you speak to them in the right way ive discovered 8-)

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I haven't called the CRA's yet no. I may write to them but as I say unsure wether to add them in to the mix.

 

I've read a lot on here about CRA's and how they tend to refer you back to the creditor and say that they can't amend etc but I've also read that the CRA's also have a responsibility to ensure the information that they hold is acurate and that they have to have the documents to prove that an agreement exists.

 

Now I would have assumed that this would have to be the signed agreement, but Cabot are saying they have statements to prove that I had the money.

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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I haven't called the CRA's yet no. I may write to them but as I say unsure wether to add them in to the mix.

I've read a lot on here about CRA's and how they tend to refer you back to the creditor and say that they can't amend etc but I've also read that the CRA's also have a responsibility to ensure the information that they hold is acurate and that they have to have the documents to prove that an agreement exists.

Now I would have assumed that this would have to be the signed agreement, but Cabot are saying they have statements to prove that I had the money.

 

Id be on the phone to them causing a fuss every day if its was me :mad:

I would threaten them with just about every authority i could think of until they removed the defaults.

CRA's are nothing but **** who work hand in hand with the DCA's to make peoples lives a misery & you have to create a fuss with them in order to get anything to happen/change.

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