Cabot Financial - Credit Report Entry.

[andi2003]

Hi all first time poster here.

 

I have been viewing your site for quite some time after noticing a entry on my credit report for Cabot Financial.

 

From the advice thats been given, I have written to Cabot on a number of occasions stating that I do not Agree to this debt, requested a signed copy of my Credit Agreement, of which they have responded with that they and the original lender (Citi Financial) do not have access to the Agreement, but they also state that they will not remove from my report

due to the fact that there is a statement, that has a number of payments to the original lender, and also that I made a number of small payments to Cabot or either £1 to £2, that was sugested I make, as token payments on the account to prevent further action being taken (which I have ceased doing).

I have received my S.A.R this morning from Cabot, and once again it does not contain the credit agreement, but contains:

The letter stating they do not have access to the original agreement;

A crude looking list of credit and debit entries with my name and address written on the top (which is supposed to be the statement from CitiFinancial);

A list of payments to Cabot Financial for £1 to £2 over a period of time (monthly since 2006).

In addition to this I have all ready written to OFT (chocolate teapot come to mind in there response) and also ICO whom have stated under two

sepreate headings:

"Removal of Information From Your Credit File: Contact the Refrence agency to get them to remove it, if they dont then contact the ICO (again).

Further Information: With refrence to information being recorded on your credit file where you say an agreemen does not exist: where a credit agreement clearly existed and credit has been provided to the debtor, but the debtor is not obliged to repay the loan due to the provisions of the Consumer credit acts, this does not mean that there was no agreement in the first place. It simply means that there was no enforcable regulated agreement.

It follows that, where there existence of the agreement is not in doubt, we consider it to be appropriate for the information about the agreement,

including any failiure by the debtor to repay his or her debt, to be recoreded with the credit refrence agencies. Where a 'debtor' disputes the existance of any credit agreement, enforcable or otherwise, we would ask to see evidence of the agreement and of its terms. This might include evidence of the provision of the credit facility or of a history of payments made by the debtor."

Does this mean as Cabot sent me a (crude looking) statement and that I have made token payments to them, Im screwed?

Should I pay £10 to Citi to get a copy of my SAR from them aswell?

Also after recieveing the SAR and the letter stating that there is'nt an Agreemnet available what is my next step, I cant even open a bank account with a bank that I have been with for 7 years, due to adverse information on my file. And that I wish to obtain Finance for a car (finally passed my test) and this is looking very doubtful.

 

Sorry for the long post and Thank you for your time.

[debt4get]

the difficulty is, although there is no agreement which makes the debt legally unenforceable in a court, the debt has not and will not disappear until 6 years have elapsed and it becomes statute barred, it is possible to get it removed, you could take them to court and force them to remove it..however, it could also open a can of worms, you could contact the reference agency and the information commissioner but to be honest I wouldnt hold up much hope of getting it removed

[Pinky69]

I had the same problem with Cabot. Luckily I didn't pay them anything and I am taking them to court for compensation (damage to my reputation and general creditworthiness). The defaults were due to fall off yesterday.

 

There is no credit agreement for the alleged account so ask them for written proof that you gave them permission to process your personal data. It cannot be implied - they must give you proof. The ICO takes the view that if there is evidence of transactions there must have been an agreement but strict proof of that assumption would be required in a court of law, including production of the agreement which you signed giving them the required permission.

 

There is another avenue to explore. Did Citibank send you a Default Notice before they sold the account to Cabot? If the didn't, the account was rescinded at the point of sale ie put you back in the position you were in before the account was opened. With the rescission, the clause in the agreement giving permission for them to process your data was rescinded too and Cabot thereafter had no legal right to enter defaults as the

agreement no longer existed.

 

This is a [problem]. Until last year Citi was one of the banks that financed Cabot. They either continued to collect payments after sale and passed them on to Cabot or sold them to Cabot for Cabot to collect, Citi having financed the purchase.

 

I an afraid you will have to take them to court to have the defaults removed. Cabot won't do it, the CRAs say they cannot remove them without Cabot's permission and the ICO make assumptions that there is no proof of in law.

[andi2003]

So if I wrote to them stating something on the lines of thanks for the SAR info, but you have failed to produce any written proof that I gave

permission to process my data under the DPA. Please provide written proof.

I have nothing about the account having a default notice from Citi - how would I get to prove this? it be best to write and get copy of my SAR then?

I would be prepared to give them £100 to take the entry off my file * not to put on the account settle - but to remove it.

Edited September 17, 2009 by andi2003
gramatical error

[silverfox1961]

Hi Andi,

I'm in the same position as you. I have SAR's Citi and all they sent me was my statements and a few letters I had written to them.

This debt is with Cabot so I SAR'd them too. I got my reply a couple of days ago. Very informative

 

Citi will try and fob you off with what you get.

 

fox

[Pinky69]

SAR Citi and specifically ask them for a copy of the Default Notice - I can tell you now there won't be one. And, as you suggest, ask Cabot for written proof that you gave them your express permission to process your personal data. They won't take the defaults off for £100 - they would only mark the credit reports "settled" for the full amount. They have no right to ask for any money at all if they bought a rescinded agreement.

[andi2003]

So send citi the normal sar with point 3 Highlighted bold.

Its annoying that I got to wait a maximum of 40 days for a response. Im one of these that want things done now.

Does anyone have the address for Citifinancial (apparently it was for a loan by the way), as theres nothing in Cabots SAR.

Also what lenth of time should I put on the letter to Cabot.

 

Sorry for all the questions

[silverfox1961]

I have had problems with the london address as they don't seem to like signing for their post so it never shows on the RM website.

 

Citi Financial

PO Box 49920

London

SE5 7ZF

 

If you go on the Citi website and find the privacy tab, it gives all the addresses for data issues

[andi2003]

Thank you.

 

As this request is going to Citi - I am going to include a copy of my Photo Driving licence (with the valid to & from dates plus signature blanked out) as proof of who I am. Didnt get licence til October 08 so I would know if they use this.

 

Would that be sufficent as proof of who I am? or should I include the fact that I been on Electrol Roll at the same address for the past 14years

 

Just had another look through my SAR and noticed there int anything detailing the purchase of the debt.

Edited September 17, 2009 by andi2003
extra bit

[Pinky69]

Don't give them any extra proof of who you are unless they ask for it. You can give Cabot anytime you like for a response - 21 days is about average. These things don't get resolved in a hurry.

[Deb T]

Whoa! I would be very careful when offering Cabot money to remove their entry on your credit file, in my opinion doing that sets a dangerous precedent, as in DCA's will think that they've got yet another bow to their arrow when obtaining money of debtors (alleged or not) as in

 

Hey up, lets get some more money from the debtor, suggest to him that by making a payment towards 'administration charges' we might be persuaded into removing our entries from their credit file *shudder*

 

Not something I would ever contemplate in doing is paying a creditor to remove a credit entry improperley applied or not.

[andi2003]

Can you tell me if this is ok - or should i add a bit more, its my letter to cabot:

 

To The Data Controller/ Compliance Manager

Dear Sir/Madam,

 

I do not acknowledge any debt to your company

I wish to thank you for your letter dated the 3rd September 2009, and documentation which was enclosed in relation to my Subject Access Request.

From looking through the documents, it is noted on a number of documents that you do not have a copy of the original credit agreement, and also there is no written proof that I gave my permission to process my personnel information.

As you state that there are evidences of transactions, there must be an agreement but strict proof that this information exists.

Therefore please can you provide this proof, with in 21 days of receipt of this letter.

[Pinky69]

You are far too polite to them - you have to show them you are not going to be messed with.

 

I am in receipt of your response of 3 September in reply to my SAR.

 

There is no agreement for this alleged account. That being the case, I require documentary proof of my giving Cabot my express written permission to process my personal data. Failure to do so will result in my taking court action against Cabot for processing my data unlawfully, a gross breach of the Principles of the Data Protection ACT 1998.

 

You have 21 days in which to provide the required proof.

[mr.ton]

I would also consider kicking up an almighty fuss with the CRA.

[andi2003]

Hi All,

 

Just got back from work and on the door mat was the attached letter from crapbot.

 

Now I am confused about this, there saying that they can process my info as I signed an agreement (where is it then??)

 

but there also saying that they will no longer persue the debt BUT there still going to process the details with the CRA.

 

what can I do now?? Im half way there!!! surely theres some light at teh end of the tunnel to get it removed off my CRA - I am awating Citi's response to my SAR.

recieved 011009.doc

[supasnooper]

Have a look at the link below - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

[Pinky69]

Their letter is all "You would have done this and you would have done that" - yes - and if your aunt had....... she would have been your uncle. They have no proof of any agreement and never had your permission to process your personal data so tell them that if they do not remove the entry immediately you will make a formal complaint to the Information Commissioner.

[andi2003]

Ok im getting myself confused jumping about to different links posted.

 

A letter went off to the ICO, whom basically said about the history of payments on the account thing, just as what cabot have said.

 

The link Supasnooper posted, is intresting but Im uncertain how that will effect me gaining any form of credit if I went down the lines of asking equifax to remove the automated ect. (oh its only Equifax that this has ever appeared on)

 

Does the letter assist me in anyway by showing equifax that there admitting they dont have the right to process my data (like in Post 5 on Supasnoopers link), or do I need to go back to the ICO - I think Im going round in circles.

 

The Durkin v DSG is intresting and was wondering is that something I should resend to Cabot, including a list of claims for damages?

 

Or am I running befor I can walk.

 

Thanks for baring with me, I get myself confused quite easily when looking into things too deeply.

[Pinky69]

The history of payments alone is not enough to prove that you ever gave Cabot permission to process your personal data. There must be a properly executed agreement you signed in which you specifically gave the OC permission to pass your personal data to credit reference agencies and proof of assignment of the rights of the agreement to Cabot in a Notice of Assignment. The ICO has got this wrong and they are as useless to as the FOS, which is why I am taking Cabot to court where a judge can decide whether I gave them permission or not and it won't be asumed I did on the evidence of statements. It's a very cosy set up between the DCAs/CRAs and the ICO and to say the ICO is biased is a complete understatement. I would advise anybody to take them to court. You can do it yourself and is doesn't cost that much. The more court orders the likes of Cabot get shoved up their Jacksies, the better!

[PriorityOne]

Do you have a link to your saga Pinky?

[andi2003]

How much and how long does it normally take with taking cabot to court.

 

How do I go about this, is there a standard letter thats available, do I seek damages?

I only want to clear up my CRA with Equifax so I can get finance for a car.

My Experian and Call Credit are fine - both show my active agreements (littlewoods & T-Mobile)

[Pinky69]

Hi Priority

 

Invalid Default Notices

 

I started this thread and it has since escalated so I will give you a potted version so far. I discovered in April that I had 6 defaults on my credit reports.

None of them had any agreements and I had either invalid Default Notices or no Notices at all followed by termination. One, the Nationwide, removed the default immediately. One, RBS, fell off just after that. So that left 4. One of these 4 has also fallen off since them but it's a DCA we all know and love and they had a nice little [problem] going with a bank. The bank took over a credit card portfolio and then sold the account to the DCA. I was in a programme with CCCS at the time and the bank continued to collect payment form CCCS without informing them they had sold the account - this was as far back as 2001! The bank then passed the payments to the DCA - I knew nothing of any of this because CCCS were dealing with it. It turns out the bank was one of the major backers of the DCA at the time (Ms Snoop). I have statements from the DCA showing the bank was paying them - I didn't pay them a penny because there is not a scrap of paperwork. So I am suing the DCA for damages, including special loss, and I am suing the bank for theft. I have also complained to the ICO who are now investigating it.

 

Three down, three to go. Bank 1, 2 accounts -no agreements, invalid DN on one, no DN on the other, then termination. Same for Bank 2.

 

I am using a two-pronged attack. The banks will claim I gave them permission to process my data in applications. Nowhere on any of the applications did I give them permission to pass my personal data to credit reference agencies. It cannot be assumed, there must be concrete evidence -there is none. Then the other part of the attack - invalid DN's, termination thus unlawful rescission. I have evidence that the DCA lied to one of the CRAs. The CRA quoted the DCA's letter to me and the very same day the DCA told me something different entirely. I bet they didn't expect the CRA to quote them verbatim! So they were caught out lying to a CRA. Then one of the banks told the FOS there were statements and told me there were none when I sent a SAR. Ooops. That bank in a letter to me said : we can terminate without a DN, we don't have to give you 14 days to remedy a breach, and anyway we will not be responding to any more of your letters and will just file them. That should go down a bomb in court! The court expects you to do everything possible to settle out of court - not possible if they will not reply to letters. The other bank sent me an application form that does not even have their address on it and breaches the Companies Act 1985 in that it doesn't give their registered address or state that they are a Limited Company. Those are criminal offences which have wound their way into my case!! I am naughty! They have all gone absolutely stum! Wonder if they will turn up?

 

I sent the LBAs a while ago and I have all the cases ready to go but haven't lodged them yet because this weekend I am going on holiday for two weeks and wanted a clear run on it when I get back. I have said on my thread if I am successful I will post them.

 

What do you reckon, Priority? In with a chance?

 

Andi - I will be back later with some guidance on raising court proceedings. Mine is Scots law and there are differences so you will need to explore whatever system you are under - the general principles are the same.

[B3rty]

I am in this exact situation with Citi/Cabot and trying to get them to remove data is hard....they do not have a copy of the signed agreement so therefore no right to process the data.....the payment of monies doesn't constitute a legal agreement so they have nothing to legally use yet know to fight this requires litigation on our part.

 

I cynically think the reason they don't write it off is to have this as an asset that they then will sell on to another DCA and round we go again..the ICO is useless and if ever I win the lottery I would employ the best lawyer to take these parasites to court.

 

However back to the real world and it's just a case of sitting out the 6 years which for me will be April 2012 before the last one of mine drops off...

[andi2003]

right slightly peeved now equifax have taken double the money out of my account. spoke to an american muppet who had no idea what she was doing let alone what day it was. Well in my frustration I have posted this on there Ask A Question page for my account:

There is an entry on my credit report from CABOT Financial.

Since December 2008 I have been in commuication with Cabot to provide a copy of the ORIGINAL SIGNED CREDIT AGREEMENT.

They have admitted that they are unable to supply a copy of this as they do not have an agreement and nor does the apparent original lender CITIFINANCIAL.

 

Attached is a recent letter from Cabot Financial stating that they do not have an agreement.

 

As they do not have this agreement and no other signed authorisation to process my Personnel Data with yourselves is a gross breach of the Principles of the Data Protection ACT 1998.

 

As this is the case I wish yourselves to remove this entry from my, as there is no AGREEMENT ever in place.

 

Faliure to do this, I will have no alternative to take further action being taken and thus when necessary take my rights as I am legally entitled, under Part II, Section 12 (1) of the Data Protection Act to insist that you can use your data for automated purposes including... and I quote from the said Act...

 

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct"

 

I wonder what response I'd get - probably oh contact Cabot.

[PriorityOne]

What do you reckon, Priority? In with a chance?

 

 

Looks as though you might have them by the short and curlies :grin: