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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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CABOT and goldfish debt


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I have one thought about the PPI - I take it this was done in store, or at least with a representative present and taking you through it all?

 

If so, there are crosses where you need to sign. The cross should not be by PPI unless you have specifically asked for it, otherwise it suggests you need to sign 'here, here and here', so to speak.

 

Also, I'm not remotely expert with PPI, but I didn't think they could include the PPI in with the initial credit? Don't do anything of the back of me thinking that though, wait until someone who knows confirms or rejects the thought!

Time flies like an arrow...

Fruit flies like a banana.

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I KNOW - 29.8%!! am not proud of this situation - doesnt make me look like the sharpest tool in the box!!

 

I intented to pay the full amount off at the end of the one year interest free period so wasnt too bothered about the rates etc - thought i wouldnt be paying them! But missed the deadline to pay because i stupidly thought they may remind you - lol. rang a week later and was told computer says no - u must now pay us a ridiculous amount for your sofa!! the rest is history.

 

i agree i was mis sold ppi but havent a clue how i would go abuot proving that when i've signed for it - what makes you say the agreement is unenforceable? do you just mean the PPI bit? I had a CCJ due to this debt so the court has seen paperwork etc for that...

 

is the PPI all that is wrong with it? can i claim back any of the overpaid interest? And would i have to do both parts separately?

 

all help much appreciated as always!

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aagggh - Cabot are a nightmare.

 

I have checked my credit file today and they are still processing late payment info to my credit file - on an account they have advised me is on hold because they cant find the cca! i have written them two letter stating they are NOT to process my data and they are ignoring these. not only have they not removed the incorrect data but they are adding more. this is now showing as 4 payments late and will soon default. AM NOT HAPPY. i know they cannot process this data but they seem to be ignoring this fact and doing it anyway. does anyone have a good threatening letter? Or who should i report this to - which organisation?

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"Please note; this is a formal complaint of breach of the Data Protection Act 1998. Ignoring this letter will result in further action being taken.

 

I refer to your letter of 8th December 2008, in which you confirm that you have been unable to supply a true copy of the original Consumer Credit Agreement for the above account, and as it is unenforceable by law you have placed the account on hold. You confirmed that you are still unable to supply the requested information and the account remains on hold with letters dated 17th December 2008 & 31st December 2008.

 

On 12th December 2008 I sent a letter of statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. A copy of this letter is enclosed for ease of reference and was sent recorded delivery. This letter was ignored by Cabot so a further letter was sent recorded delivery on 6th January 2009 (also enclosed), reiterating that you are obliged to remove all adverse information from my credit file until such a time that you can substantiate it with a true copy of the CCA.

 

Not only have you ignored these requests but upon checking my credit file I see you are still processing new data to my credit file – stating I am in arrears (last update 4th January 2009).

 

As you have confirmed by writing on numerous occasions that the account is on hold as you do not hold an enforceable agreement – the processing of this information is in breach of “The Data Protection Act 1998” and if it is not amended within 7 days I will be making a formal complaint to the Information Commissioners Office and other such regulatory authorities as I see fit.

 

Please respond in writing to confirm the removal of this adverse data within 7 days of receipt of this letter

 

what do you think? I feel like im just writing threatenening letter after threatening letter without getting anywehre!

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I would amend it a little and say that you are sending this and the other letters to OFT etc, Theyve had plenty of warning .

The CRA's say that their clients must sign up to their code of conduct, so hit em hard and loooong

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thanks bazaar - i have amended the final paragraph to include this. i have also found relevant complaint form on ICO website which i will send off next week if i havent heard from them.

 

bloomin cheak of cabot !

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  • 5 weeks later...

OOh I hate Cabot.

 

This particular debt with them was put on hold in Dec as they were unable to supply a CCA. As a "good will" gesture the account was put on hold!!

 

However, they are still processing info to my credit file. they have said i missed a payment in Jan & feb (how when the account is on hold i ask), and soon will add a default to my file - as all my debt problems are historic this will put me back 3 years and I am absolutely gutted.

 

i sent letters to them on the 12th dec, 6th jan & finally and then finally this letter on the 28th jan -

 

"Please note; this is a formal complaint of breach of the Data Protection Act 1998. Ignoring this letter will result in further action being taken. I refer to your letter of 8th December 2008, in which you confirm that you have been unable to supply a true copy of the original Consumer Credit Agreement for the above account, and as it is unenforceable by law you have placed the account on hold. You confirmed that you are still unable to supply the requested information and the account remains on hold with letters dated 17th December 2008 & 31st December 2008. On 12th December 2008 I sent a letter of statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. A copy of this letter is enclosed for ease of reference and was sent recorded delivery. This letter was ignored by Cabot so a further letter was sent recorded delivery on 6th January 2009 (also enclosed), reiterating that you are obliged to remove all adverse information from my credit file until such a time that you can substantiate it with a true copy of the CCA. Not only have you ignored these requests but upon checking my credit file I see you are still processing new data to my credit file – stating I am in arrears (last update 4th January 2009). As you have confirmed by writing on numerous occasions that the account is on hold as you do not hold an enforceable agreement – the processing of this information is in breach of “The Data Protection Act 1998”. If it is not amended within 7 days I will be making a formal complaint to the Information Commissioners Office and forwarding all correspondence to the Office of Fair Trading & Banking Ombudsman. Please respond in writing to confirm the removal of this adverse data within 7 days of receipt of this letter."

 

I finally received a response which i will post below...

Edited by bergebabe
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I'm a little confused. (nothing unusual for me :))

 

Did your original creditor not default you? If they did Cabot can't re-default you.

While the account is in default. they can't do diddly squat to your credit file.

I would get on to the Information Commissioner, Trading standards, OFT, your MP: Uncle Tom Cobley and all.

If you haven't done so, Complain to Cabot

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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cabot100209amdn.jpg

 

now their info is a little confused, they say they bought the debt, then say they arent obligated to provide the info as they dont own the debt.

 

i have placed a complaint with the ICO but am yet to hear anything and when i rang them they said it could take some time - in the mean time my credit file is getting graffitied by cabot. should i make any other complaints and should i acknowledge and respond to this letter from cabot?

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the original lender didnt default me as i always paid on an arrangement (for 3 years) and they were nic (er) than some of the other lenders!!

 

cabot started adding missed payments as soon as the "bought" the debt.

 

surely this is a contradiction - if they didnt own the debt would the be able to supply info to my credit file anyway?

 

sorry lickthewall - i dont understand!!!

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They say they can process your data because you singed an agreement. Ok then, prove it. This is the same agreement they haven't got so how can they have your permission.

They will say that as you have used the credit facilities then you agree that you are in a contract.

 

Did you receive a default notice from Goldfish or a Notice of Assignment from Cabot?

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Typical rubbish, they are harping on that they entitled to process your data because you signed a credit agreement, yet the cannot back up that statement by producing it. It is simple no CCA = no agreement = no right to process your data simply because they have no written authorisation from you to do so.

 

I think a complaint to TS, the OFT & the Information Commissioner is in order stating the the above & also their misinformation in regards to who owns this alleged debt.

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i dont recall a notice of assignment but it may have been binned - as it would have been before i became vigilant and filed everything. i do have a default notice from cabot - well i think it is, its actually a notice of arrears which states it could lead to a default (this followed about a week after they had accepted my payments for an arrangement - the amount i had been paying direct to goldfish for 3 years).

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Cabot can take over the default but they can't put a second one on your file

 

I would be putting Cabot to strict proof that the NOA was served.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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the original lender didnt default me as i always paid on an arrangement (for 3 years) and they were nic (er) than some of the other lenders!!

 

cabot started adding missed payments as soon as the "bought" the debt.

 

surely this is a contradiction - if they didnt own the debt would the be able to supply info to my credit file anyway?

 

sorry lickthewall - i dont understand!!!

 

sorry bergebabe

 

I was wondering how it would be possible to access your CRA files without having a new raft of DCA's landing through the letterbox

 

as we all know,the CRA's and the DCA's are all the one sow's litter,to use an Ulsterism

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this whole thing is SOO frustrating - why does it take the ICO over a month to look into something thats clearly cut and dry.

 

i am going to add the other two organisations to my complaint list today - but should i send another letter to cabot in response to theirs and telling them i have made the complaints or just leave it and wait for them to hear from the organisations i have complained to? i dont want to give them an unnecessary heads up if it is going to help them in any way but also i would rather they just sorted it off their own back - much simpler!!

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  • 7 months later...

Hi all - long time no post!!

 

about a year ago, with lots of help from you guys, i wrote to cabot requesting a CCA for two separate debts.

 

they were unable to produce these and put both debt "on hold"

 

the larger of the two for goldfish, although they were unable to chase me for payments and the account was "on hold" they were (and still are) processing late payment info to my credit file.

 

Now they have decided to start chasing for the money again! they still havent sent through a copy of the CCA, or even attempted to pass anything off as one. They are just choosing to ignore the fact that they put the account on hol dand start chasing me again!!

 

i got a letter at the beginning of sept and an identical one today - should i be ignoring this or replying? i dont want hassle letters noce a month!!

 

here it is...

Edited by bergebabe
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