Cabot - COURT TIME

[bazaar]

Hi Mel

You have CCA'd them, but to what end?

Have they launched a court case against you? If it has gone legal and they want payment, then they will have to produce a valid agreement at court. If they don't, then they lose. Keep copies of every piece of correspondence. If they have sent nothing after the deadlines, then you report them to the relevant authorities FOS TS etc. Its all the start of a paper trail to hit them with at a later date.

If you post up what has happened so far, someone will be along to help.

[100mel]

No - they haven't launched any action - they have been cca'd so many times it is a joke - just slammed default on my credit file which is seriously damaging to me at the moment - they have no CCA etc so my question is - what do I do next? Anyone any ideas - grateful for any

 

Mel

[100mel]

My ongoing problem with Cabot - reporting as follows

 

1. No CCA ever provided - they haven't even responded to solicitor - been asking for this since December 2007

 

2. Made a complaint under their complaints procedure - again no response

 

3. Experian not responding either to solicitor or me about removing the data and a notice of correction

 

My question is - what next - complaint to ICO (If anyone has any info on complaints they have previously made on this then grateful if you could contact me)

 

Do Trading Standards accept complaints against DCA's under CCA?

 

So if anyone has any ideas about where next with Cabot then would be really grateful if they could advise - I'm sure I'm not the only one trying to deal with these people

 

Mel

[Having_A_Knightmare]

Report them to Trading Standards and see what responce you get off them.

 

HAK

[berrylover]

Send a complaint to Trading Standards, Information Commissioner, Office of Fair Trading and FOS. You have asked for complaints procedure from Cabots I assume?

[100mel]

Yes got a copy of their complaints procedure and despatched complaint accordingly - avalanche of silence is the response. I'll give it the full 8 weeks and then go to FOS - meanwhile will do what everyone suggests re Trading standards etc

 

thanks

 

Mel

[Having_A_Knightmare]

If T/S fob you off make a complaint to the Councils Chief Executive

 

HAK

[100mel]

I have a severe problem with default placed by Cabot on my Experian file in august - no CCA etc, matter in dispute since December 2007 etc. Experian refuse even to add notice of correction to my file and refuse any correspondence even from a solicitor

 

Can anyone suggest what I might do next please - I am getting somewhat desperate over this

 

Would really welcome some advice

 

Mel

[100mel]

I am seeking removal of default on Experian file lodged by Cabot in August 2008 - no CCA has been provided and matter under constant dispute. Wondered if anyone could help me on POC for a small claims court claim for its removal - this is an "agreement" supposedly bought from sainsburys - no cca, no default notice in either case (goes back to 2004)

 

Really would be grateful for some advice on this one as I feel sure someone here has probably gone through the same thing

 

Many thanks

 

Mel

[bobbyh99]

What did Experian say when you asked for a notice of correction.

 

I have a default with Cabot which I am trying to remove and Experian have put a Notice of Correction when I explained that they had no CCA etc.

 

BobbyH

[100mel]

They are saying that the Information Commissioner has already ruled in the case of my previous complaint with Sainsburys from Cabot have acquired the alleged debt - there was no CCA with Sainsburys either and it was before the 2007 guidance - the data has been registered by Cabot so it is they who are subject of complaint as I see it

 

Mel

[citizenB]

nudge ^^

[100mel]

I've posted elsewhere about Cabot and could really do with some help. to summarise

 

1. debt disputed since December 2007 - no CCA - only document is illegible card request form

 

2. they slammed default on my Experian file in august 2008

 

3. complaint made under their complaints procedure - no response

 

4. subject access request - no response

 

5. statutory notice to stop processing of data

 

6. letter today says that they intend to keep processing and storing my data and have threatened me with legal action yet again if I don't pay up!

 

I will make a complaint to the ICO but I'm really asking if someone on here can point me to or at least read through my drafted POC's for a court claim as this would seem to be the only thing I can do

 

This information is stopping me moving my mortgage and causing serious distress so I have to do something

 

So would be really grateful if someone could help - the last thing I want to do is file a claim that is not correct and then lose in court

 

So can anyone out there give me some advice - please?

 

thanks

 

Mel

[100mel]

As a follow up to this post I have just had a long letter from Experian on the above detailing why they won't even note a correction - could really really do with some help and advice here - I'm pulling my hair out - very stressed

 

Help - please

[reallymadwoman]

This is the particulars of claim I'm using in a similar situation.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/102134-reallymad-hsbc-7.html#post1562603

[MarkusDY]

Hi Mel

 

I have a similar problem with Cabot at the moment. They've just, as if from nowhere, slapped a "6 months late payment" marker on my Experian credit file for an account that was sold out to them from Amberloan. I'd never even had a late payment, but Amberloan wanted out the market!

 

Anyway, I just wondered what you wrote to Cabot when you found the default on your file? I also CCA'd Cabot, they couldn't find the agreement etc within the time frame (went way over the 12 days actually). I dont see why I should suffer with this on my file now because they can't find the agreement and I refuse to pay anything.

 

Markus

Edited October 20, 2008 by MarkusDY
typo

[100mel]

Hi Markus - that's what they did with me. I CCA'd them back in December and repeatedly. The default was placed out of nowhere on 31st August. Yes - I've written to them - I've put a Statutory Notice on them to stop processing my data - they've written back to say that they did this because I didn't respond in a time frame i.e. pay and they will carry on processing data so I have no option but to go the court route. Judging by the response from Experian frankly they are both in it together - they place defaults knowing that this is the easiest way to cause maximum damage, particularly in the current climate when every lender is jittery and Experian haven't the slightest intention of doing anything about it. They don't respond to letters in any meaningful form . They've threatened me with litigation etc but if they thought they could collect they would have done it before now I think but no CCA is a defence. However, it is the default which is really damaging - I can't move my mortgage, can't raise business lending etc because of this - with the number of us in exactly the same situation I wonder if we cannot make a mass complaint to the OFT concerning this organisation?

 

Mel

[MarkusDY]

Hi Mel

 

Thanks for the reply. Thats really interesting that they're doing this to everyone. It really annoys me that, in my eyes, they don't technically have the right to collect money from us or slap such damaging information on our credit files.

 

I guess my next step is the statutory notice to stop processing my data then? Did you get a template on here for that?

 

The crazy thing is with mine, is that Cabot wrote to me saying they would no longer collect on the account as they couldnt provide the agreement etc, but then several weeks later started trying to collect again and wrote some bizarre letter saying that it the letter saying they were no longer collecting was a computer generated mistake and they had actually sent me the agreement ages ago. What cr*p! To this day, they still haven't sent the agreement and its months since I CCA'd them. They even had the cheek to put a photocopy of a letter they'd "made up" showing when they alledgedly sent the agreement to me, with a handwritten note on the top saying "sent on such and such a date, even though it was clearly processed on a computer which had automatically put a date on it several months (i.e. the date they actually printed it!).

 

I wrote back and told them where to go as it was all made up rubbish etc. I've had no response, apart from them now messing with my credit file.

 

I think I might also contact the Customer Service Manager at Amberloan again as they were most helpful last time I contacted them, as they also put a default on the account when they sold it to Cabot. It was removed very quickly when I kicked up a stink with them. Maybe they can sort this out?

 

If you decide to get together a mass complaint, count me in!

 

Markus

[100mel]

Thought I'd just update where I am with Cabot and Experian

 

1. Cabot - requests for CCA etc since December 2007 over an apparent credit card with Sainsburys

 

2. Their apparent assignment was a photocopied letter on sainsburys letterhead which of course had never come to me in original form

 

3. They finally produce illegible card request form which they claim as an agreement plus a load of statements

 

4. they file default information in august causing serious damage in my application for mortgage

 

5. subject access request with sainsburys /BOS 3 years ago produced no default notice or proof of one plus the same illegible card agreement and to quote their data controller "this is all the information we hold"

 

6. complaint to Cabot under their own complaints procedure so complaint to FOS pending after 8 weeks

 

7. Experian - request to take me out of automated processing - response to this has been merely to add a correction notice and tell me that Experian does not make any automated decisions about my credit - however if a prospective lender is accessing my file and this total rubbish is listed there and the notifications are being renewed automatically is surely proof of automated processing?

 

8. Cabot meanwhile have now sent me 3 letters in as many days advising that I call them to pay and will be escalating to recoveries

 

9. I've reported Cabot to Trading Standards - faxed and written but not even an acknowledgement

 

10. Section 10 notice to Cabot - they have acknowledged and advised that they will carry on processing regardless - "legal right" etc etc

 

11. Subject Access Request to Cabot - doubtless will receive the third copy of this "document" upon which they claim to rely

 

I am in the process of compiling complaint to ICO but wondered if I should do Cabot and Experian together or separately?

 

Has anyone any experience of Cabot actually actually issuing claim and on what basis? I was assuming that it would be easier to defend than issue my own claim - however, it's a question of how I long I wait for them to do anything because I just cannot see at the moment how they have anything to support a court claim

 

I was wondering if it was worth going for Sainsburys on the lack of a default notice but all information relating to them has been removed from Experian and replaced by Cabot so they are now the creditor apparently because they have purchased this so I am assuming burden of proof has to b e on them?

 

Mel

[Duffers Mum]

Cabot have also registered informmation with CRA's on me even though they have told me twice and Goldfish have admitted to them there is no CCA, I also sent them a Section 10 letter and got the same response as you, they will be getting a "remove it or else" letter next from me as they quote the agreement I signed with the original creditor, the same agreement they admit nobody has!

 

Cabot have recently advised me my account has been recalled to Goldfish, however I will still be waiting for Cabot to remove the information on my credit file.

 

Good luck

[100mel]

I have default slapped on Experian by Cabot - Experian claim it is default from original lender - Sainsburys - needless to say no default notice by either party - never has been. Just wanted to know if there was any point in a Statutory Notice to Experian specifically with reference to this data

 

I've tried to stop automated processing - only response is a notice of correction and the fact that I would need to ask any prospective lender for manual review

 

Mel

[100mel]

Interesting - at least you've had confirmation that they don't have CCA - with me they believe that the illegible piece of paper marked Card Request Form is the CCA!

Did Goldfish sell your debt to Cabot - if they did how can it go back there?

 

 

Mel

[veester]

i think you need to

 

a) Place a notice of correction stating, "the validity is dispute with the lenders"

 

b) Right for a SAR from Sainsburys and Cabot - tell them why i.e default entered incorrectly, see if they want to respond/make changes first.

 

Depending on what they send you will drive the next part of the process.

[100mel]

Hi

 

thanks - I did SAR with Sainsburys a long time ago - no default notice - only card request form - their only apparent proof of any CCA

 

SAR has been requested from Cabot

 

I'm thinking that a Section 10 on the original lender might also be necessary - Section 10 already issued to Cabot

 

Mel

[Duffers Mum]

Cabot said they had been assigned the debt, now apparently its been recalled to Goldfish, not got a clue what they are on about, will wait for communication from Goldfish to see what they have to say on the matter!