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Cabot chasing and I need some advice


Martel01
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Ok, let me start

 

Cabot are chasing me for two amounts both are debts they have purchased from Barclays.

 

An overdraft £2300

An old loan £4500

 

First I made the mistake and phoned them on the 9th March (Then read these forums, YES I know the wrong way round, now I am communicating only in Email) BUT I did confirm my current address and some income. I was a little vague on outgoings.

 

On the phone

I disputed the Loan on the phone and had their agent say they could see a final payment, but couldnt see how much in Mar 2007. We then went to the overdraft, and we agreed a plan (1k now) and nine payments of £100 each month. (Have I cut my own throat here!). For others information they are very skilled starting with a 'In theory what could you pay' which by the end of the conversation is a commitment to pay. If I have to now honour these now, so be it.

 

They sent me an email to confirm this plan, and as I had asked for who their data protection officer was, (hoping to request a copy of the call recording), I had a working email address with which to communicate which I knew they were monitoring (ie not a Dont Reply). Thinking this would be cheaper and easier than stamps and would give me some sort of record.

 

After reading the forums, I have sent the standard provide me with the CCA type email (slightly modified as I didnt send any money, but wanted on record the account is in dispute). I also noticed TWO defaults have been added to my Credit File over the weekend and asked for these to be removed.

 

Cabot have just responded :-

 

 

 

Dear Mr

Your Query

Further to your recent communication regarding the account detailed above.

Cabot Financial purchased this account on the 24 February 2009 with an outstanding balance of £2300.88.

The last payment was made on the 4 September 2006 according to information passed to us from Barclays Bank Plc.

So that we can fully investigate the matter we require further information regarding the settlement for example when the payment was made, how much was made and the payment method.

Upon receipt of this information we will liase with Barclays regarding the matter and advise you of the outcome.

Regarding the registration of the default, this will remain on your credit file for a period of 6 years from registration. Once it has been proven that the account has now been cleared this will then show as satisfied but will not be removed.

We trust this clarifies the situation and await your response.

Contacting Cabot

If you have any queries, please call one of our customer advisors on 01732 524615 (Minicom: 01732 524630).

Kind regards

Cabot Financial

 

What should my next step be :- Send in a proper CCA Letter with postal order?

 

Any help would be very much appreciated.

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You might want to remove your name...

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Looks like that letter is about the £2300 bank account, not the loan.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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but if Cabot record a default with a date of the 13 March 2011, is it that date or the date of the orginal default that counts? Sorry very new to this area and have recently had my eyes opened.

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ok, so i dont get confused. What i am after

 

a) Overdraft, after this response (in orginal), suggested next steps pls? Is it as their response implies my duty to prove I dont owe or their duty to prove i do. Remembering I had on the phone agreed a provisonal payment plan with them. Should I let this one go and keep to agreement? or try fighting it from this position?

 

 

b) Loan, they havent replied yet, so do I wait until they do? (Even though they have registered deafult against me in credit file), or should I put in a more formal SAR asking for copy of CCA.

 

All advice welcomed.

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crapbot cannot just put a default on when they like!

 

defaults must be placed at maximum within 6mts of the action that caused the default.

 

i think both of these have been written off by barclays for tax purposes long long ago

and these jokers are trying to fleece you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just examined the Credit report in detail, and its my mistake, the default dates are still back in 2007, its just an update date and their names (instead of Barclays) that have been amended. Sorry today was first time I had ever looked at my credit file. (Very eye opening)

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Hi there

Screw the Credit Agencies.

 

The ONLY valid data is to get an SAR (10 GBP). This will show the exact date you last made any activity on the account.

 

It's not unheard of for sleazebag DCA's and [email protected] certainly belongs to this category to write what they care to on a Credit reference file so the data could be totally inaccurate or meaningless..

 

The Court will only take the SAR as proper conclusive evidence of the date of last activity on the account.

 

[email protected] can send a MILLION warnings and default notices but so long as you haven't either acknowleged the debt or paid them anything at all you should be in the clear.

 

In this case if you can't remember being issued with a default then it's 10 GBP well spent for the SAR.

Incidentally the date of Statute Barring is NOT from the default date but when you last made ANY activity over the account so do not acknowlege it in any way while going for the SAR and don't offer to pay anything either.

 

In any case you can delay [email protected] by demanding a CCA as well -- this probably won't help you but it stops THEM from doing anything else until they've complied wit the request.

 

As well as asking for the CCA you could send the "Prove it" type letter -- requesting their authority to collect the debt. Chances oare that their threatogram generating machine will send out enough rope for you to hang them with.

 

Cheers

jimbo

Edited by jimbo45
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