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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Cabot and cahoot debt


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My Cahoot debt has just been reassigned to Cabot, previously with Debt Managers Ltd.

Have been paying a token payment of £1.00, and my debts are managed by Payplan.

I am CCA'ing Cabot tomorrow?

Why are debts reassigned to other dca, I cannot see the point?????:-?:-?

LilythePink

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Is this the 'secret santa' things the DCA's do - where they send each other cases that may or may not be enforceable ?

 

Almost willing to bet that the CCA will result in a 'return to client'

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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My Cahoot debt has just been reassigned to Cabot, previously with Debt Managers Ltd.

:-?:-?

 

Reassigned to Cabot...Now is that an Equitable or Absolute assignment I wonder...You should ask Cabot this when you write to them.

Just hate every DCA out there

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Can anyone post the link to the OFT to report a dca Cabot for ringing at all hours of the day and night, and upsetting my sister.......:evil::evil::evil:

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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thank you, just want to report them..... they are real jokers, I only got their letter on Friday..... what do they expect me to have done, won the lottery.... I only wish I could then I could pay them all off........:-|:):)

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Maybe I am going daft, but I clicked on the link and only got the letter, there was a link to the actual page where you reported the phone number, as nuisance calls.........

 

Thanks again:?:?:?

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Lily, are you looking for more than the letter :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Yes, I got a link on here to a website where you could fill in a web form, with the details, and it was either OFT or someone else official that were collating the complaints against each dca....... will have another look..... I am dreading all these phone calls, they are such a bother, I let the answering machine take the hassle.... but it is annoying, just like people trying to sell you something are annoying......:-x

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Got a reply from my cca to Cabot, they have returned my postal order and said that they "the Cabot Financial Group are not obliged to supply this information but are pleased to help, and have already requested this from the original lender".... I thought they were obliged, and I would not go chasing a debt as a member of the public without the proper paperwork......

I am sure a lot of people have got this letter, but anyone know what happens next???? with Cabot:)

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Hi, Lily.

 

They sent me that letter about 8 months ago :rolleyes:

Heard nothing since :)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Happy days....maybe I will have won the lottery and can offer full and final settlements,,, to get shot of them all......:):)

Edited by maroondevo52
Sorry, edited when I should not have

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Hi, Lily.

 

Sorry I was trying to reply to your post and ended up editing it instead :rolleyes:

 

Can you remember what you said :???:

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Got a reply from my cca to Cabot, they have returned my postal order and said that they "the Cabot Financial Group are not obliged to supply this information but are pleased to help, and have already requested this from the original lender".... I thought they were obliged, and I would not go chasing a debt as a member of the public without the proper paperwork......

 

I am sure a lot of people have got this letter, but anyone know what happens next???? with Cabot:)

 

If the assignment was 'Absolute' then they are oblidged to comply with your request- if it's 'Equitable', then they are not. And, if it is an equitable assignment, the LoP Act (on which they assure the debt is purchased) does not apply in the manner they claim.

Just hate every DCA out there

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  • 4 weeks later...

Got a letter today, re the CCA from Cabot, my account is still on hold, and they are not requesting payment. They say it is now 24 days and they assure me that Cahoot will eventually provide the agreement???

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 2 weeks later...

Update

Letter from Cabot, the original creditors cannot provide agreement from their archives....

They are telling me I can ask the original creditors for the agreement as they cannot get it from them.

I think I am off the hook for the moment:):):)

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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As soon as the 12 + 2 days expired & no CCA appeared it went into default and no payment can be enforced...so yes she can stop paying now until such time as the CCA does miraclously appears. But tell your sister not to hold her breath.

 

She can rub the salt into the DCAs wounds by sending the following if she wants; :D

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

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  • 5 months later...

Can't believe it. Cabot sent me a copy of the agreement, plus all the money I have paid through my DMP. about 50 pages of £1.00 payments.... I still owe a couple of thousand. They are going to hand it back to their Collections department, wherever that is? They put the credit limit at £100, which is not true, as it was over £2000. Also I have quickly scanned the agreement and under where I have signed and dated it, there is a signature for Cahoot, but no date under it?

Any ideas? It is on two sheets of papers, and of course it is over six months late?:Cry::cool:

 

I have just realised upon reading the paperwork again, that they have sent me the agreement for a flexible loan and not the credit card.... it still isn't signed though.......

Edited by Lilythepink

LilythePink

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Guess what? They have now passed the debt to RMA???? Whoever they are? Will post the agreement tomorrow, my scanner was broken.:mad:

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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