Cabot Financial - Credit Report Entry.

[andi2003]

How long does equifax take to respond to online question?

I honestly can not wait 2 years to ge tthis off my record. what do I do now?

[andi2003]

Today its offically a year since I asked for a copy of my CCA.

As previous posts of mine state they have now admitted that they are not going to chase the debt because of this,The SAR which they sent does not include a CCA or an agreement to process my data, but they still process my data and state that they have a right to because of a history of payments acknowledging the debt (to them token payments).

Can someone please give me advise as to what to do next, ie direct me in the line of what claim to make, what I can / cant claim, also other posts mention about writing to the CRA's about manual entries, how does that effect obtaining credit?

All info is much appreciated.

Thanks

[Deb T]

Just a thought Andi, but could you not in the first instance send Cabot a letter (recorded of course) and cc the CRA's that you do not acknowledge the debt and that by way of backing up this ackowledgement you haven't made any payments to them since 12+ months ago....also enclose copies of where they'd sent you notification that they don't have anything either re paperwork and add a further explantory note to the CRA re the removal of whatever it is you're wanting gone?

[Pinky69]

Proof of payment doesn't prove a debt - you didn't know at the time there was no lawful agreement for this alleged debt, you now know you shouldn't have been paying it and that is why it is in dispute. Proof of transactions ie statements showing you spending the money, is what a court looks for as supplementary proof that you incurred the debt.

 

CRAs will not do anything unless a bank/DCA tells them to do so - that is the agreement they have, even if you push all the evidence under the sun up their noses that proves otherwise. Cabot clearly won't move on this, so you have two options open to you. The first is to complain to the ICO giving them all the evidence you have proving the default entries are both unlawful and inaccurate. You will see on the ICO's Technical Guidance on filing default entries what their criteria are. The fact there is not a scrap of paper proving this alleged debt even exists is a good start. They will investigate it but they are slow in getting started. The second option is to take Cabot to court and ask for a court order to have the default removed.

 

I am currently going through the ICO against 2 banks (3 accounts) for removal of defaults. If that doesn't work, I am going to court and I have spent myriads of hours drawing up the cases.

[Deb T]

I read your post above Pinky (post 22) very interesting and I sincerely wish you luck, I'm a little behind you with some of mine but just reading your post makes me realise that none of us are alone, we all seem to be on the same path albeit at varying distance up the way....

 

But it's good to see yours in writing, very insightful, have a slap to the back (aka a reputation thingy)

[Deb T]

Well at least I would if I could, it says I gots to pass some around before I can give you some more, ....how rude! (I gave you one.....as in a reputation that is...last week, must of been the last person I gave it to.

Do you itch?

[andi2003]

Ive had a reponse from the Information Commissioners Office, they have said that they would not consider any action as the matter is over 12mths old!! Despite the fact that I already brought it to there attention in May and they gave me a refrence number for the complaint.

Looks like a dead end there. What do I need to do now, should I write back to the ICO? Its over a year now and im getting quite p***ed off with the fact I cant even open a bank account cos of this entry.

[Pinky69]

I see no alternative but to go to court and ask for an order against Cabot to remove the default on the grounds you never at any time gave them permission to pass your personal data to credit reference agencies - and ask for general damages for loss in that it has prevented you from opening a bank account and damaged your reputation (about £1500 - Kpoharor V Woolich 2006). That's as far as I go I'm afraid because I know nothing of the English legal system (Scots Law which I come under is different). If you go over to the legal forum they will tell you what forms to get and how to fill them out.

[littlefatbudha]

I have just got off of phone from information comissioners office and their view is that a default notice does not have to be sent, by the creditor............................

[andi2003]

Little are you saying that im screwed and dont have a chance of getting anything sorted on this?

 

Can some one direct me to the relevant link regarding the legal forum, as Im at work and have very limited internet access allowance.

 

Sorry for length absence - in and out of hospital.