Next & Cabot

[Joeywasmybudgie]

They have also added this...

 

"Notices of Correction

A Notice of Correction is an explanatory statement that you can add to information to explain circumstances about why the entry is on your report.

Entry

Y1 / ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA"

[Joeywasmybudgie]

Arrgghh - this gets worse - Equifax have totally different information to Experian -

 

The Equifax report actually shows the account as "Settled" on 30/10/09 file updated 6/8/10 (so only just last week)

 

This is all very confusing....

[Fester Tester]

Cabot have absolutely no right to change the date of default, unless that was the most recent default date due to you ceasing any payments you had been making to them. They can only CONTINUE reporting the original default, and so the date must reflect the date that NEXT defaulted you.

 

And since you have had no contact with Cabot up to this point, and going by your thread so far you have NEVER made any payment to them, they are acting unlawfully. Cabot are fully aware that any data reported to the CRA's must be accurate.

 

Now, if Next never defaulted you, and have only recorded the default date in order for their to be a record, then they should have sent you a default notice. I suspect they have not done so. And in any event, after all this time, they would not be entitled so to do in any case as quite clearly, 5 years is an unreasonable period.

 

I would say you have reason enough to complain immediately to the ICO. Also write to Cabot explaining that they have no right to be processing erroneous data, and that they must remove the default immediately.

 

You'll need to CCA them too, and they will be unable to produce an agreement since you never signed one. Quite possibly an idea to SAR them at some stage, but probably there will be minimal info to be had as yet.

 

If you need help with any of that, just shout.

 

Cheeky barstewards.

[Joeywasmybudgie]

Thanks Fester -

 

This account hasn't appeared on any of my credit files for at least 2 years.

 

It seems Cabot just updated the info with them all, in the last week. Experian was 1/8/10, Equifax - 6/8/10 and Call Credit - 31/7/10.

 

The default date they have given Experian is correct, I think being 13/5/05. This is also the date Call Credit have. There is no default date on Equuifax and the status says "settled" Although I did no such thing on 30/10/09 which is a date that appears to have been plucked from the air and given to Equifax.

 

I have CCA'd Cabot and am waiting for a response. The 12+2 days are up on 16 August when I plan to send them the Account in Dispute letter.

 

However, I have mashed together another letter - would it be appropriate to send them this in the meantime?

 

"Dear Sir/Madam

 

Thank you for your letter of 05/08/2010, the contents of which have been noted.

 

I await your response to supply me a true copy of the original Consumer Credit Agreement for the above account.

I note however that you have updated my files with the Credit reference agencies –although as this account is in dispute this should not have been done -

I have reported your actions to the Information Commissioner's Office.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing."

Would this be ok? Thanks guys for your help with this

[Joeywasmybudgie]

Will this letter be ok to send to the ICO? the one I found in the library really related to bank charges so I'm not sure if I have tweaked it properly.

 

"Dear Sir/Madam

Complaint under the Data Protection Act

My account no XXXXXXX

Cabot Financial

 

I am writing to make a formal complaint.

 

Cabot Financial Ltd have entered personal data on the credit reference agency register relating to a disputed sum.

The sum is in dispute because I am awaiting a true copy of the original Consumer Credit Agreement for the above account.

This action by Cabot financial is in breach of your own guidelines issued in 2007 and is also in breach of the Banking Code of Practice which as you know is incorporated into the Personal Account Contract. By breaching the terms of the contract, Cabot Financial have vitiated the consent which I gave to them to share my personal data with third parties.

 

The breach by the Cabot Financial of their statutory obligations is damaging to me and stressful. It is also a breach of my human rights.

 

Please will you investigate this complaint?

 

I shall be grateful if you will acknowledge this complaint and let know what are your targets for action.

 

Yours faithfully"

[cerberusalert]

Do my 12 + 2 days mean from the date I posted my letter

They have 12 working days from receipt of your CCA request.

[Joeywasmybudgie]

Thanks cerberusalert, I know they have received it (either 4th or 5th August) as I've had the holding response from them.

[cerberusalert]

Assuming they received it the 4th they have until the 23rd.

[Joeywasmybudgie]

Ah, my mistake - I didn't spot the "working days" thing. I'll have to hang on another week.

[Fester Tester]

The fact that the OC marks a credit file as settled is usual, because once it is sold on, it then becomes the responsibility of the assignee to continue the reporting.

 

I have a feeling that once Cabot are made aware that the date they have recorded is incorrect, they will change it to 2005.

 

I think just a very simple letter, making sure they realise it is a complaint, would be best. Simply pointing out that the default date reported by the OC has not changed, and you require them to amend the date to reflect this, since the DPA requires all information to be accurate. And that whilst you do not accept that they have any right to be processing your data whatsoever since you are in dispute, you are prepared at this stage to allow the default to continue.

 

To be perfectly honest, unless you are prepared to take Cabot to court over the default, the best you can hope for is to get the date right. They will never budge until told to do so by a judge. And the ICO tends to back creditors usually, where there is no agreement, but the debtor has obviously enjoyed the use of credit.

 

Copy the CRA concerned on that letter.

 

It can take up to 28 days for the CRA to amend things. I'd give them that long, and if no change, report BOTH of them to the ICO without further warning.

 

Unless of course they tell you they won't do it, so you ca nthen complain straight away.

 

Not long until it's statute barred, eh?

[Joeywasmybudgie]

Thanks Fester -

 

Apoligies for the questions but I want to get this right - the default date they have given the CRA's of 2005 is right, I think. Although I still don't believe that I left any balance owng on the account. It's just the fact that it's suddenly appeared on my file with all 3 CRA's when it never appeared previously.

 

I didn't think they could do that while the account was in dispute. Are you saying they can?

 

Is the letter in post 29 above - ok to send Cabot? And should I copy in the CRA's on it?

 

Should I leave the letter in post 30 above until I've had a response from Cabot?

 

To be honest - I don't mind letting it drag on till it's statute barred or indeed till the default falls off my file. It's just I've been working so hard at getting everything straight, for another default to just appear out of nowhere is a bit soul destroying I still firmly believe that I don't owe anything on the account. I wouldn't have just left £140 to pay... and why would next, after having got 1000 out of me, not bother with the remaining £140? Bizarre.

[Fester Tester]

OK, perhaps I have the wrong end of the stick. Here's what you said earlier...

 

It seems Cabot just updated the info with them all, in the last week. experian was 1/8/10, Equifax - 6/8/10 and Call Credit - 31/7/10.

 

So are you saying that the dates there are NOT the dates they have given as being in default?

 

If all they have done is taken over the reporting of your data ON those dates, rather than those dates being the date of default, you're fine.

 

The fact that the debt was assigned to them allows them to do that (assuming they have any right to be processing your data at all), as long as the original date of default does not change.

 

If so, then you can quite happily sit back until Cabot either produce a response to your CCA, or write to say the OC can't find one.

 

Does that make sense? I think I must have been confused by your earlier post, but what you say now seems to make better sense.

[Joeywasmybudgie]

Oh fester, I'm so sorry (I'm blonde & Irish, so forgive me).

 

The dates I indicated were the dates they updated the file on, not that they have changed the Default Date.

 

I understand what you are saying and I'll wait until I hear back from them now.

 

Apologies again!!

[trooper68]

Add to that you never had a Letter of Assigment, so they cannot collect (beware they (cabot) send out template letters in SaRs, ask for strict proof, it must be reg post.)

 

A good complaint to the ICO and TS....

 

good old Cabot (morons) plc...

 

trooper68

[Fester Tester]

HAHA. You'll NEVER get an actual copy of an NoA from Cabot. As Trooper says, they run off a letter from their Big Book of Templates, with nothing to indicate that you were ever a recipient of such a document other than a scribbled note at the top saying "Representation of the sort of Shoite we would have sent you."

 

Or words to that effect. In pencil. Probably because they can't be trusted with crayons.

[Joeywasmybudgie]

Thanks again guys, I'll bide my time till I hear from them again...

 

Fester, was that intentional? Spelling Sh*te like a Dubliner would pronounce it

[Fester Tester]

As if!!! LOL

 

It's just a way around the profanobot.

[Joeywasmybudgie]

Gutted... and there was me thinking you knew the lingo

 

Still waiting for a response from Cabot BTW...

[Joeywasmybudgie]

Morning everyone -

I'm just about to send the next in the serioes of letters to Cabot - the 12 + 2 days are now up.

I just have a quick query - this new letter says -

"The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account."

With regard to point 4 (in bold) this account was never shown on any of my credit reports and only appeared as mentioned above after I CCA'd Cabot. Is this allowed in view of point 4? Can I ask them to remove the info they have given the CRA's?

Thanks

[Joeywasmybudgie]

Sorry to bump this up - it's just I need to send the letter off tomorrow, so any advice would be brilliant.

 

Thanks

[citizenB]

Joey, I think a recent decision allowed for accounts in dispute to be registered with the Credit Reference Agencies.

 

I would just send a simple reminder letter to Cabot.

[Joeywasmybudgie]

Ok grand, thanks so much citizenB!

 

The default date is 2005 anyway so will fall off next year it's just very frustrating.

[citizenB]

Ok grand, thanks so much citizenB!

 

The default date is 2005 anyway so will fall off next year it's just very frustrating.

 

Yes, I can see your dilemma.

[Joeywasmybudgie]

Hi Lads-

 

Here I am again - got a response from Cabot - no scanner so typed as follows -

 

"Your request for information under the Consumer Credit Act 1974

 

We write further to your request for information, under sections 77 and or 78 of the Consumer Credit Act 1974.

 

Although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from it's archives. Although Cabot has not been able to provide you with the information within the prescribed period we would still advise that your debt remains legally due.

 

We are still able to report to the Credit Reference Bureaux regarding the status of your debt and we would recommend you continue your repayment plan with us or alternatively you contact us to make payments towards your account if you do not have a repayment plan arranged.

 

Thank you for your co-operation and patience in this matter.If you have any queries, blah blah..."

 

So what should I do.... file it under the "it will drop off my credit file in May next year, so ignore" section of my filing or respond with something?

 

Any advice gratefully received.

 

Thanks

 

Joey

[hatesdebt123]

Hi,

Again I am a newbie

 

Also got a letter from Cabot saying they bought a debt from next that defaulted over 6 years ago, I'm not sure it shows on my credit file but wondered what I should do next. I initally thought to ignore the letters but dont fancy a knock at the door!!

 

Any help would be appreciated