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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?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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Cabot - NOT co-operating


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I have done almost everything: Ive Sent

 

:Data Protection Act 1998 letter

 

:FORMAL REQUEST FOR INFORMATION UNDER

CPR part 31.16 letter

 

:Disclosure before proceedings start letter

 

and today in return I have received as follow

 

Dear Mr

Welcome to Cabot it has come to our attentions that letter from Cabot, confirming the sale of your Barclay account to the Cabot financial group was not sent to you. On behalf of Cabot please accept our apologies for this oversight

 

In order to clarify, we wish to advise that the Cabot Financial Group has recently purchase your barclays account and the Notice of assignment from Cabot is enclosed for your records

please be advised that this letter is for informations purposes only and there is no necessity for you to contact us. :confused: who the F wants to contact them in first place urgh!

 

Now could some one please advice me how to take the court root, this is no longer a joke! I would not allow them to get away with this :mad:

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Hi everyone and thanks for the help and support that i have received from you all

 

This is the update I have received from CreditExpert

 

Thank you for your letter *dated ** July 2009

 

In view of your comments about the Cabot account, I am writing to them for you, as i cannot amend your report without their consent. While I investigate your comments, I am adding the following statement to the informations you have queried.

 

THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA.

 

 

Now dose this sound good? please advice me"as into what else I could do to get Cabot

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standard reponse they will conact cabot and they will say they have the correct info then the cra will remove the wording

 

ida x

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what have you done so far?

 

have you sent a cca request?

 

ida x

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Account in dispute letter sent

 

Legal Notice Under the Data Protection act 1980 sent

 

Notice Served Upon You Under Section 10 dpa 1998 sent

 

Formal Request for Information Under cpr part 31.16 sent

 

The above letters have all been sent

 

This is the latest letter I have received.

 

Dear Mr ******

Your Query

 

Further to your recent communicastion regarding the account detailed opposite

.

This agreement as been assigned to Cabot financial. The agreement remains between yourself and Barclay's Bank Plc.

As you advice we are not the creditor, but under s.189 of the consumers credit act 1974 the definition of creditor allows us to enforce the agreement as it says" The person to whom his rights and duties under the agreement have been passed by assignment" and the therefore as this agreement was agreed under the consumers credit act 1974 we are entitled to enforce it and entitled to process your data.

 

Under schedule 2 paragraph 2 (b) processing is necessary for the performance of the contract entered into by the data subject.

the terms and conditions of the original agreement state Barclay's Bank PLC can assign any part of this, right and or obligations to a third party.

we have taken advise from our legal department and advice as to the meaning of this part as it refers to disclosure of documentation when legal proceedings have already commenced.

 

if you wish to request any data held by cabot financial you may make a subject access request pursuant to s.7 data protection act, which carry a £10.00 fee.

we trust this clarifies the situation

 

Now this is what they have to say??:confused:

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ok, cpr route, have you sent letter 1 and 2? and who did you send them too?

 

ida x

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Account in dispute letter sent

 

Legal Notice Under the Data Protection act 1980 sent

 

Notice Served Upon You Under Section 10 dpa 1998 sent

 

Formal Request for Information Under cpr part 31.16 sent

 

The above letters have all been sent

 

This is the latest letter I have received.

 

Dear Mr ******

Your Query

 

Further to your recent communicastion regarding the account detailed opposite

.

This agreement as been assigned to Cabot financial. The agreement remains between yourself and Barclay's Bank Plc.

As you advice we are not the creditor, but under s.189 of the consumers credit act 1974 the definition of creditor allows us to enforce the agreement as it says" The person to whom his rights and duties under the agreement have been passed by assignment" and the therefore as this agreement was agreed under the consumers credit act 1974 we are entitled to enforce it and entitled to process your data.

 

Under schedule 2 paragraph 2 (b) processing is necessary for the performance of the contract entered into by the data subject.

the terms and conditions of the original agreement state Barclay's Bank PLC can assign any part of this, right and or obligations to a third party.

we have taken advise from our legal department and advice as to the meaning of this part as it refers to disclosure of documentation when legal proceedings have already commenced.

 

if you wish to request any data held by cabot financial you may make a subject access request pursuant to s.7 data protection act, which carry a £10.00 fee.

we trust this clarifies the situation

 

Now this is what they have to say??:confused:

Did you send CCA request before dispute letter?

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ok, cpr route, have you sent letter 1 and 2? and who did you send them too?

 

ida x

 

 

can you answer this?

 

 

ida x

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I have done almost everything: Ive Sent

 

 

:FORMAL REQUEST FOR INFORMATION UNDER

CPR part 31.16 letter

 

 

thats cpr.

 

if you have followed this thread you need to go to letter 2

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

ida x

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thats cpr.

 

if you have followed this thread you need to go to letter 2

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

ida x

The main reasoning behind sending a CCA request and follow up with account in dispute letter is to set the whole process rolling.

 

CPR is the route to take to get a copy of your agreement, but I believe that is when they have treatened you with Court Action.

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Thank you IdaInFife I will start on this letter 2 Right now

 

vint1954 thank you for your reply" Cabot have not treatened me (yet) with court action, I have told them, that account is on dispute, but they are still holding defult on my name, they are processing my data

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Thank you IdaInFife I will start on this letter 2 Right now

 

vint1954 thank you for your reply" Cabot have not treatened me (yet) with court action, I have told them, that account is on dispute, but they are still holding defult on my name, they are processing my data

There should only be one default on your CRA file for each debt.

 

If there are 2, then you need to get the second removed.

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There should only be one default on your CRA file for each debt.

 

If there are 2, then you need to get the second removed.

 

Barclays have removed they default, but Cabot are continuing to process my data, that is what us winding me up

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