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Unrecognised default entry on credit record - Cabot


kraygerson
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Good evening,

 

Apologies if these questions have been asked before. I did a bit of searching, but the plethora of information is a bit overwhelming.

 

I recently subscribed to Experian's Credit Expert service. I looked at my credit record and there is one blot: a default, registered by Cabot Financial. It pertains to a credit/store card. I do not recognise this and am keen to do something about it.

 

I am about to send a CCA request to Cabot, with a postal order of £1.00 for the statutory fee. I am also going to request a true copy of the default notice, which (obviously!) I never received.

 

The account in question was supposedly started in 2005. Am I right in thinking that Cabot are obligated to supply a copy of the agreement bearing my signature?

 

Any other thoughts/advice will be greatly appreciated.

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I would lodge a formal complaint with experian first and tell them to remove the incorrect information.

 

This company has never informed you of any defaults, nor have you given it your permission to be searching your credit file, least of all marking it adversely.

 

Are you saying that you have never had a credit card/store card?

 

I wouldn't request a CCA off them if you have never had any previous dealings with them?

How are they going to provide you with an agreement that you have never signed?

 

You need to lodge a formal complaint with them, and state that you are intent on informing the ICO for their breach of the Data Protection, and you will seek damages should they not remove the incorrect details immediately, damages currently stand at £1000 per incorrect entry on your credit file.

 

But you should only threaten them with this if you are TRULY going to follow it up and sue them.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bazooka Boo,

 

Thanks for the reply.

 

That pretty much sums up my initial reaction!

 

But on reflection, I felt I should try to find out a bit more. Circa 2005 we had a housemate and, without wishing to go into the matter further, I have reason to suspect there may be more to this than meets the eye. My details may have been used without my consent to open an account of some kind.

 

Hence the decision to request for a true copy of the CCA, a statement of the account and, for completeness, a copy of the default notice.

 

My research into Cabot's modus operandi leads me to doubt that they will be able to provide any of the requested information. But who knows?

 

Do you know the legal position on copies of CCAs? Must the include the account opener's signature?

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Hello again. Thanks for the reply, twofoot.

 

Naturally, the goal is to get the default off my file.

 

But as previously mentioned, I have reason to suspect there may be something to this. I do not feel it would be wise to threaten Cabot with legal action for an invalid entry to my credit file when there is a chance it effectively got there courtesy of a former housemate.

 

I need more information - at the moment I don't even know what this alleged card is/was!

 

Am I correct in thinking that because the alleged account was started in 2005, Cabot would not be permitted to supply a reconstituted CCA in response to a request?

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Cabot will send what they feel theu can get away with if they can't get their mits on an original but whatever they send will give you the information you want as to when it was taken out and with who. They can legally leave out your signature. When you request the CCA don't use your normal signature and don't send a cheque. Either get a cheque from someone else or send a PO.

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Hmm, If your intimating Fraud, then I would recommend speaking with the Police, this really would one of the only ways of having this default removed, the Police investigate alleged fraud, give you a reference number which you in turn give to the CRA's who will mark your file accordingly or remove the default altogether.

 

Alternatively you can put a Notice of correction on your file, saying that you are unaware of any such debt, either way you won't be able to get this removed without rocking the boat and involving the Police, they only stay on file for 6 years anyhow, I'm also quite surprised they haven't been chasing you for payment?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...

Evening all,

 

Just a quick update. I sent off a letter to Cabot and received what is no doubt a standard response, in which they stated they are confident they will be able to send me the requested information within 12 days. Should be interesting ...

 

Bazooka Boo fraud is what I am thinking, though if my suspicions are correct, it will have been perpetrated by someone very close to me and may be difficult to legally disassociate myself from. Hence the approach I am taking - assume there is something to it and find out as much information as I can, in the first instance.

 

Cabot have had their 12 days, so I'll be writing to them again.

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Can I just check that I have this correct?

 

Statutory time limit for DCA's response to request for CCA/default notice/statement of account: 10 + 2 days

 

After this time the matter is 'in dispute'

 

After 28 days the DCA is in default (is this 28 days from day 1, or 28 days in addition to the initial 12?)

 

Is there a link anyone could kindly provide that sets all this stuff out clearly, in one place?

 

Thanks!

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Can I just check that I have this correct?

 

Statutory time limit for DCA's response to request for CCA/default notice/statement of account: 10 + 2 days

 

After this time the matter is 'in dispute'

 

After 28 days the DCA is in default (is this 28 days from day 1, or 28 days in addition to the initial 12?)

 

Is there a link anyone could kindly provide that sets all this stuff out clearly, in one place?

 

Thanks!

firstly they have 12 + 2 days from receipt of cca request!

the matter is not automatically put in despute ,you have to notify them of this action " letter in template library".

all info in library!

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