No Cca From Cabot Barclays loan Need Assistance Pls

[survivor_13]

Hiya all

 

Middle of Nov 09 sent cca request to Cabot Financial but to date still waiting on a cca

 

however, they did reply in middle of dec 09 stating still searching as had received my request and all collection activity is suspended

 

However, this does not help me as I am not aware of the amount they are requesting and therefore leaves me in a very difficult situation as i have a default on my credit file

 

what options have i now got please?

 

I need to have the default removed asap

 

look forward to your help

 

survivor_13 and angel x

[ozzywizard]

What is the date of the default on your credit file and was it entered by cabot ?

Asking the above as it may be statue barred or due for dropping off anyways.

maybe send them somthing like the one below which I wrote for somone else in similar circumstance last week. we are taking a gamble that if they lost your CCA then they not got your default notice, if this is a recent default and they recently sent you notice then send the dispute letter for none compliance of CCA1974. , give me a shout if you need this.

 

Dear Sir or Madam

 

After recently obtaining a copy of my credit file I was concerned and shocked to note that your company has placed a "Default" notice against my account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience .

You must supply me with a signed true and certified copy of the original default notice and any deed of assignment if the debt was sold on.

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

It is your duty to comply with my requests under the law, if you fail to comply I will have no choice but to escalate the matter to the relevant authorities including the Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

 

Yours faithfully,

[angel_1]

hiya ozzywizard

 

many thanks for your prompt reply, survivor has gone from my house now but will let her know to log in later to answer your info requested

 

that is a fab letter and straight to the point, i may well use bits for one of my own creditors so huge thanks

 

im subbing to this thread now too so will look in for any updates too

 

cheers for now and have a fun day angel x

[ozzywizard]

No problem at all Angel, glad to help. I orriginally write the letter for an OP in this thread .

To be honest its very hard to get a dafault removed from CRA as usually only the writing company can put in the application and they dont half use it against you to get monies. This letter is going from the angle that they never provided the default to the OP and they have too. 1983 Regulations .

Edited February 2, 2010 by ozzywizard

[survivor_13]

Hi Ozzywizard,

 

Thanks for your prompt response, it means a lot. The default is about 3 yrs old. Il be sending your above letter to Cabot ASAP tomorrow, extremely straight forward, concise and clear.

Will keep you posted, once again thanks.

 

S13

[angel_1]

hiya

 

did you get the letter sent now?

 

take care angel x

[survivor_13]

http://s407.photobucket.com/albums/pp159/aquarian1964/?action=view&current=fb4f9e63.jpg

 

http://s407.photobucket.com/albums/pp159/aquarian1964/?action=view&current=af777d57.jpg

 

 

hiya all

 

we followed the advice and need further help pls

 

 

sent the letter and our subsequent re request of cca and to remove the default

 

our reminder letter to which their reply is also above in the links

 

 

but basically telling us that they have bought debt off barclays and are still requesting info from them, and until they get a responce and have put collection activity on hold))

 

it is also their final response to our complaint.

 

Now,,,,,

 

what angle to move forward -is causing distress as is the only default which i wish to have removed as honestly do not know what it is about, when i enquired with barclays last year they could not find anything, thus i would also like to know how i can get this data removed and not processed anymore

 

will look in later but bear with me until i get the letters scanned up cheers survivor and angel_1

Edited March 25, 2010 by survivor_13

[Hardupnotfedup]

[survivor_13]

 

sorry for confusing post, am tearing my hair out as the letters i want to put here in the post i cant remember how to link it or add it waiting on darling daughter to get up in a bit to hopefully show me;-)

 

cheers for looking in for now

 

hiya if anyone can update me how to get the scanned info from my pc to the thread really would appreciate it,,, cheers

 

hiya have now finally uploaded the letters and info regarding our query

 

pls help cheers

[angel_1]

hiya survivor

 

not sure what you have to do to get that default removed and how to tackle cabot, but hoping someone can post ideas by tomorrow for you

 

laters angel x

[survivor_13]

Hi All,

 

Would really appreciate some assistance with this as havent got the foggiest how to proceed forward. I really need to remove as most of last year i faced repossession and am contemplating the possibility of a new mortgage. I desperately need to get this sorted, any help would be greatly appreciated.

 

Kind Regards

Survivor

[Hardupnotfedup]

If the account is in dispute because they have no CCA then they cannot process your data, make a complaint to the CRA and the information commisioners officehttp://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/583-letter-to-request-the-halt-on-the-processing-of-your-data

[Hardupnotfedup]

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/583-letter-to-request-the-halt-on-the-processing-of-your-data

 

 

 

Try this

[angel_1]

hiya many thanks for the link thus what im understanding, this should enable the default that has been marked to be removed by the cra's ?

 

as this is what survivor ultimately wishes to take place and the account is in dispute

 

cheers angel x

[angel_1]

hiya survivor

 

i came across this at least its maybe further knowledge for you

 

Invalid Default Notices - Default Removal - MoneySavingExpert.com Forums

 

not sure if im able to cross refer from forums but ive seen cag threads there so hoping ive not crossed any lines:cool:

 

anyway hoping others can come along and give you further info

 

laters angel x

[Hardupnotfedup]

Quite simply if the people who marked your credit file do not have an enforceable CCA then they cannot share your data they have no contract nor do they have your permission. Contact the CRA and make them aware, and the info.comm office.

It is like me marking your file cos you didn't pay me that £100 you owe me, I can't prove you owe me it but you do. Same thing.

[survivor_13]

Thanks Guys,

 

Il get letters off on Tuesday to CRA's, info comm office and Cabot and get myself prepared to fight the good fight. Will keep you all posted.

 

Thanks once again

S13

[angel_1]

hiya survivor

 

have you prepared the letters already?

 

or can you get over to me or email me them to do?

 

out this morning but back this pm some time

 

laters angel x

[angel_1]

bumping up for any other info from others?

 

cheers angel x

[angel_1]

hiya all

 

im getting confused here, so having relooked at the letter reply from cabot earlier posts,,,, i understand we have to send a letter to the credit agencies? what letter is it the one below given by hardupnotfedup???

 

so this would hopefully get this default removed?? we have still had any cca from cabot to date, and its appearing as if its a loan on the credit file which survivor does not ever recall having had a loan with barclays

 

therefore surely it should be looked at by the credit agencies?? should we also wait on the credit agencies replies first and then complain to the information commissioner office??

 

this default is ruining survivor credit applications and its becoming frustrating as we are really not getting anywhere with cabot

 

hope you can get back to us urgently,cheers angel x:)

[angel_1]

HIYA

 

we wish to now persue this via a legal request as cabot clearly are not playing

 

how do we process a legal request for them to provide us with the documents relating to the assumed debt and to have more importantly the default removed ?

 

cheers survivor and angel x

[miss muppet]

OK, I am assuming you have sent the letter requesting a true copy of your agreement, letter 8 in the Debt collectors library. If 12 + 2 days have passed you can stop paying and send them letter 13. If you require further detailed information do a Subject Access Request, this should go to the original creditor with a postal order for £10. They have 40 calendar days to comply with this. If they don't you can report them to the Information Commissioner. Link for the template letters you require below, hope this helps:-

 

The Consumer Forums - Debt collectors

[survivor_13]

Thanks for your response Miss Muppet, however I have personally been in to Barclays and they were unable to find any information on my file to substantiate this. I feel its unfair for me to now wait a further 40 days for a SARS when I have been trying to resolve this issue with original company and debt collector since Nov 09. I have no knowledge of this debt and strongly feel they have no paperwork to support this. I now want to proceed legally and would appreciate any help in how to go about doing this. I have never paid towards this debt nor been chased for it, it showed on my credit report and i enquired.

 

Thanks for all your help

S13

[miss muppet]

Hi survivor, why not make an official complaint to both the FOS and the OFT. One good thing about the FOS is that it costs the companies/banks for them to look at your complaint and if they come down on your side they are empowered to award you compensation.

[NailPost]

Before taking the matter to the FOS you must have exhausted the complaints procedure of the original creditor and/or the debt collecting scumbags. If its a default matter on your file that comes nder the Information Commissioner as its a breach of the Data Protection Act. Ultimately you may need to start court action for defamation against Cabot if they continue to play silly beggars.