CABOT and goldfish debt

[lexis200]

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!

[bergebabe]

thank you lexis200 - you are right about the signing - i was definitely not asked whether i wanted the PPI - just told to sign, but i know i should have looked more closely before signing.

[noomill060]

You have been missold PPI. Oh dearie me, they ARE in the sh!te.

 

OK, right- first off, the agreement is unenforceable and you are entitled to your PPI returned plus interest at the contractual rate- 29.8%.

 

Jesus wept! 29.8%!!!!!!!

[bergebabe]

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!

[bergebabe]

just noticed someting else - the dates on both signature areas - i didnt write them - looks like the form was completed for me and i literally JUST signed them.

[noomill060]

The PPI is included in the amount of credit. This is a big no-no

 

PPI is a separate issue and needs a separate credit agreement. This is a multiple credit agreement.

[noomill060]

Yeah, I noticed the dates dont match up. Another nail in the agreement's coffin.

[bergebabe]

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?

[bergebabe]

"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!

[bazaar]

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

[bergebabe]

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 !

[bergebabe]

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 February 27, 2009 by bergebabe

[42man]

Did you see this thread ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

[silverfox1961]

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

[lickthewallfatboy]

how can you find out if one of these pondlife have defaulted you over and above the OC,without the CRA alerting their DCA buddies?

[bergebabe]

 

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?

[bergebabe]

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!!!

[silverfox1961]

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

[cerberusalert]

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.

[bergebabe]

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).

[silverfox1961]

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.

[lickthewallfatboy]

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

[bergebabe]

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!!

[lickthewallfatboy]

if you can accept the fact that the small man or woman doesn't really count in the grand scheme of things,you will be able to prepare yourself for the long war

 

it's frustrating,but unavoidable,at the present time anyway

 

this game teaches you patience!

[bergebabe]

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 October 8, 2009 by bergebabe