Bluecar25 vs Cabot

[bluecar25]

This is my first thread and this site is just so helpful, and just jam-packed with info.

 

My story

About 2 years ago, Cabot had contacted me regarding a barclay card account, that they just purchased. The account was opened in about 98. I informed them that I have never herd of them and told them to go away. Which they did, until now.

 

So I have sent them a CCA, they acknowledged receipt. Time passed, received letter saying that they are so sorry for the delay, and it was down to the original lender. But will keep requesting the info for me.

 

I then sent them the account in dispute letter with the section 10 Data Protection bit.

 

I have now received a response to the dispute letter.

1. Acknowledging my complaint. (Not made one yet).

2. Cabot will continue to process my data.

3. Cabot have not acknowled my dispute.

Here is the letter

 

http://i956.photobucket.com/albums/ae44/bluecar25/letter1.jpg

 

They write in there letter, that they have the right to process my data under the original credit agreement. That they don’t have, or seen.

Is correct, if they don’t have an agreement?

I would be grateful for any help to get Cabot off my back, as we just don’t have the money to pay them.

 

Thanks

Edited October 18, 2009 by bluecar25

[spamheed]

NO they dont, as you say, how can permission have been transferred from the original agreement when they don't have the original agreement to prove that the debt even exists

 

To be fair, at the moment this is the most difficult aspect of having one of these parasites on your case.

 

They simply state that they have a right because they say so, the Credit Reference Agencies will say that as they are not the data processor they cannot remove entries without the permission of their clients (which cabot obviously wont give) obviously this is a long and winding process

 

A new aspect is that the ICO have determined that the CRA's are actually the co-processors and carry joint and separate liability for any errant postings made by them or their clients.

 

There has been a case where an individual successfully sued a CRA over defamation, but I believe that this individual was a barrister or such, so that would give him a distinct advantage over the rest of us poor mortals.

 

In the first instance contact the ICO and make a formal complaint, also complain to the CRA, Trading Standards and the OFT

[mr.ton]

I would report Cabot to every authority you can think of.

They are talking rubbish & have no legal right to do anything.

[cerberusalert]

Was this your a/c or are they chasing something you know nothing about?

[bluecar25]

Update to my story

Received a response from Barclaycard regarding my S A R, after about 10 days all they sent were 5 years of statements. Account was opened some time in 1998 and closed - sold in 2007, statements only go back to 2003.

I was under the impression that they had to provide everything they hold on you? If this is right, is there a standard response letter? Must I wait the full 40 days before I complain? Also who do I complain to about Barclaycard?

As its been sold cabot can charges be clamed back?

All and any help is welcome

Thanks Bluecar 25