Cabot Finance - Ahhhhh!!! CCA & Default Advice Required

[davidascott]

I have recently run into Cabot Finance, an experience that I would not wish upon anyone . The problem I have is as follows:

 

1. Following the sale of my house due to mental illness in 2001, I asked Barclays to close the current acount associated with my mortgage.

 

2. In 2009, whilst checking my credit file I was made aware that there was a default against my name logged by Barclays. (I have a copy of this credit record). The debt had arisen, not because of a credit agreement per se, but because Barclays had made an error. The debt was the accumulation of account fees that had been charged against my account, even though the account should have been closed. The statements had been subsequently sent to the house that I had sold. I had not given a forwarding address because as far as I was concerned, the account was closed and the house not longer mine.

 

3. Barclays acknowledged that they had made a mistake and cleared my account and any mention of it on my credit file. I even have a hand written fax from a Barclays manager requesting that their debt recovery department remove the debt because of Barclays error.

 

4. In July this year Cabot Finance started calling every day, sometimes twice a day for over a month. (I am still recovering from a 3rd bout of mental illness so this only added to my problems)

 

5. I complained to the CSA and the FSA as I stated there was not any grounds to contact me.

 

6. The CSA stated that there did not 'appear' to be any breach of their code of practice as Cabot 'claimed' that they were legitimately chasing a debt that was outstanding.

 

7. In September 2011 I received a letter from Cabot restating that I owed them (they had bought a debt written off by Barclays) the sum that had been previously written off by Barclays - a total of £186. Not sure how this had happed

 

8. Having checked my credit file again, Cabot have now logged a default on my credit record, thus making it impossible to even have a modest bank overdraft

 

9. After reading the advice on this site (thank you) I wrote the following letter;

 

Please note that I do not acknowledge any debt to either Cabot Financial nor Barclays Bank. I require you to supply the following documentation in order that I may correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement in relation to the debt to which you refer. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account for such debt. I enclose a postal order made out for a £1 in order that you will supply a copy of such agreement and statement of account.

2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted by me to the relevant statutory authorities, including the FSA, The Financial Ombudsman and the Credit Services Association.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court regarding the claim that is issued.

I have also noted that you have placed a default against my credit record. On the basis that there is not any basis for your claim I would respectfully ask that this is removed with immediate effect as there is not any justifyable reason that such default has been logged, which would also be contrary to the CSA Code of Practice and the FSA regulations.

10. Today (7th November 2011) I received a letter from Cabot asking me to CALL them.

 

Other Facts

It should be noted that I have not informed Cabot of the evidence I have (re Barclays fax above) as I was hoping that the onus or burden of proof was upon them to demonstrate by way of a statement etc that I owed Barclays money i.e. Cabot had to prove there was a legitimate reason for making demands upon me.

 

QUESTION I WOULD LIKE ANSWERED

 

A. Even though the debt relates to an alleged debt relating to bank charges, is this covered by the CCA and does my letter (see above) hold water?

B. Should I write back to Cabot and state that they should refer to the letter I sent (see above) and reiterate my demands for proof of the debt.

C. Even in the absence of the CCA not being applicable are Cabot obligated to provide me with proof of any alleged debts and the reason for them being outstanding. If so, is there any legislation or consumer law I can quote?

D. In relation to the default, and on the basis that I can provide written evidence, should I write to the Information Commissioner to enforce the removal of the default by Cabot? If so, should I bring the following CCA paragraphs to their attention (from advice on this website):

 

Removing a Default s159 Correction of Wrong Info provides, etc

 

(1)Any individual (the “objector ”) given—

(a)information under section 7 of the Data Protection Act 1998 by a credit reference agency, or

(b)information under section 158,

who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency (in this case Cabot Finance) requiring it either to remove the entry from the file or amend it.

 

do note the rest of s159.

in sum, they have 28 days to respond. either removing, editing, or taking no action.

after, a further notice of correction can be requested to be added to the file. again, 28 days to respond. if refusing they should apply to the ICO for an order. an 'objector' can also apply to the ICO. failure to comply with an Order is an 'offence'.

[dx100uk]

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[dx100uk]

8. date of the default as appossed to the date of 'when' you might have owed this

a. no cca does not cover bank accounts

b. ignore them

c. seems like you need to get the cra to justifythis debt/marker.

d. yes do it

 

dx

[BRIGADIER2JCS]

Contact the CRA and place a notice of dispute on your files.

My question now is as the debt was ''written'' off by Barclays

was it actually extinguished by this action, tax benefits have

been gained also.

I think als a SAR my produce some interesting information.

[davidascott]

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

 

Dear ds100uk

I have just scanned approx 19 documents, I am trying to put them in order and provide more clarification in response to your request above. Please bear with me. I will post later tonight/tomorrow. Thanks David

[davidascott]

Dear Brigadier2jcs,

 

Thank you for your advice. I have copied the template and will personally hand in the letter with my fee to my local Barclays branch this Saturday. If you pop back to see this post in the next day or so I will scan a copy of the hand written letter signed by the local Barclays manager at the time (Brentford Branch, Middlesex) stating that it was Barclays error that the debt had arisen.

 

This was confirmed after he personally rang their debt collection department. It is my contention that whilst the fax was sent, Barclays did not action anyting (a common experience in my dealings with them) which later led to the sale of this alleged debt to Cabot finance earlier this year.

 

Thanks also for the advice re calling them. I was about to call them to warn them off. I will not be doing that now.

 

Thanks, David

[davidascott]

Dear All,

 

I don't know exactly what the difference is but I have just had a letter from Barclays Central Debt Collection Sevices (CDCS) statin that my balance outstanding is £nil and that my debt is 'satisfied'. Is this a lesser position than 'settled'?

 

I am assuming that this is the case because they have sold the debt to Cabot??

 

Best regards, David

[davidascott]

8. date of the default as appossed to the date of 'when' you might have owed this

a. no cca does not cover bank accounts

b. ignore them

c. seems like you need to get the cra to justifythis debt/marker.

d. yes do it

 

dx

 

I will do the following:

 

1. Write to Cabot quoting s158 and s159 of the CCA

2. Make a SRA request to Barclays for all information held against my name (all history)

3. Depending on the outcome of my letter to Cabot in 1 above (assuming they will be complete ar*es) I will then write to the ICO asking for the default to be removed

 

Thanks, David

[BRIGADIER2JCS]

Good.

[davidascott]

I will do the following:

 

1. Write to Cabot quoting s158 and s159 of the CCA

2. Make a SRA request to Barclays for all information held against my name (all history)

3. Depending on the outcome of my letter to Cabot in 1 above (assuming they will be complete ar*es) I will then write to the ICO asking for the default to be removed

 

Thanks, David

 

Would you mind just clarifying something for me? When I write to Cabot re point 1 above, would you recommend that I submit a full account, together with evidence when I cite s158 and s159 or just simply state that there is not any grounds for registering the default and request the immediate removal.

 

The reason for the question is that I would just like to know the best tactics for tackling organisations such as this.

 

Thanks in advance for your help.

David

[davidascott]

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

 

Just a quick update. I have now just completed scanning the 20 key documents. Sorry for the delay, but I will now post tomorrow pm.

Thanks again for your support.

Best,

David

[davidascott]

Just a quick update. I have now just completed scanning the 20 key documents. Sorry for the delay, but I will now post tomorrow pm.

Thanks again for your support.

Best,

David

 

Please ignore this erroneous post

Edited November 11, 2011 by davidascott
Ignore this post

[davidascott]

Just a quick update. I have now just completed scanning the 20 key documents. Sorry for the delay, but I will now post tomorrow pm.

Thanks again for your support.

Best,

David

 

Original Credit Record showing Barclays lodging my default09.11.13 ID Aware Page 1.pdf

09.11.13 ID Aware Page 3.pdf

09.11.13 ID Aware Page 2.pdf

[davidascott]

Just a quick update. I have now just completed scanning the 20 key documents. Sorry for the delay, but I will now post tomorrow pm.

Thanks again for your support.

Best,

David

 

Next letter lodging my dispute with Barclays followed by hand-written fax sent by my local Barclays manager to the Barclays debt recovery unit requesting that they remove the debt. Interestingly he has misquoted the account number (which may be my mortgage number) but it is important to note that I have only ever had one default lodged in relation to Barclays.

09.11.23 Barclays.pdf

09.11.25 Barclays.pdf

[davidascott]

Just a quick update. I have now just completed scanning the 20 key documents. Sorry for the delay, but I will now post tomorrow pm.

Thanks again for your support.

Best,

David

 

July & August - Cabot start calling from out of the blue - record of calls

 

19th August 2011 - Cabot advise that debt has been procured from Barclays following a complaint by me to the CSA stating that they had unlawfully contacted me (Privacy & Electronic Regulations 2003 Act - there was no basis for the contact and I was registered with the TPS)

 

25th August 2011 - Letter from Cabot to the FSA following my complaint regarding Cabot's breach of my privacy

 

31st August 2011 - Letter from Financial Ombudsman acknowledging my complaint

 

11th October 2011 - Letter from the CSA stating that there is not a case to answerJuly & August 2011 -Cabot Finance Call Log.pdf

11.08.25 Cabot Finance.pdf

11.08.31 Fin Ombudsman Service.pdf

11.10.11 CSA.pdf

11.08.19 Cabot Finance.pdf

[davidascott]

Please note that the files above in the last post have been replicated for some reason?

[davidascott]

Just a quick update. I have now just completed scanning the 20 key documents. Sorry for the delay, but I will now post tomorrow pm.

Thanks again for your support.

Best,

David

 

24th October 2011 - Cabot restate their demands for the debt to be paid

 

28th October 2011 - 3 page highlight showing that Cabot have now lodged a default (I only discovered in October that they had lodged it in May 2011)

 

29th October 2011 - Barclays Debt Recovery Services confirming my debt is satisfied (presumably because they have sold it to Cabot? OR do I not owe any money to Cabot or Barclays - don't know what this means)

 

One more post to follow

11.10.28 ID Aware Page 3.pdf

11.10.28 ID Aware Page 2.pdf

11.10.29 CDCS.pdf

11.10.28 ID Aware Page 1.pdf

11.10.24 Cabot Finance.pdf

[davidascott]

Just a quick update. I have now just completed scanning the 20 key documents. Sorry for the delay, but I will now post tomorrow pm.

Thanks again for your support.

Best,

David

 

 

4th November 2011 - Cabot request that I call them

 

I then send a letter stating that they provide me with details/statement of the debt re s158/s159 of the CCA

 

7th November 2011 - Cabot send back £1 postal order and make further demands for debt to be paid

 

At this point I make contact with The Consumer Action Group

 

This is the chronology to date.

 

Many thanks for your support.

Best regards,

David

11.11.04 Cabot Finance.pdf

11.11.07 Cabot Finance.pdf

[king100]

They can't re register a default, your in for a long slog here, it took me 2 years to get my credit file changed to the correct info, GL.

[davidascott]

Just a quick update. I have now just completed scanning the 20 key documents. Sorry for the delay, but I will now post tomorrow pm.

Thanks again for your support.

Best,

David

 

Just to let you know that all documents are now scanned and on the post.

 

Thanks, David

[davidascott]

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

 

Sorry DX100, Just realised that I was responding to the wrong post, so I don't think you've had notification that I've scanned all my documents for you to review.

 

Thanks for your support. David

[davidascott]

They can't re register a default, your in for a long slog here, it took me 2 years to get my credit file changed to the correct info, GL.

 

Thanks. At least you had a result. Is there anything you learned along the way that might help me deal with these people? Is there any specific legislation that I can quote regarding the re-registering of a default?

 

Best regards, David

[davidascott]

Contact the CRA and place a notice of dispute on your files.

My question now is as the debt was ''written'' off by Barclays

was it actually extinguished by this action, tax benefits have

been gained also.

I think als a SAR my produce some interesting information.

 

Dear Brigadier,

 

I have just scanned in all documents. In particular please reference the handwritten fax sent by the local Barclays manager requesting the debt is written off.

 

Best regards,

David

[davidascott]

Subject Access Request - 14.11.11 Consumer Forum Version.pdf

Contact the CRA and place a notice of dispute on your files.

My question now is as the debt was ''written'' off by Barclays

was it actually extinguished by this action, tax benefits have

been gained also.

I think als a SAR my produce some interesting information.

 

Dear Brigadier,

Please see attached by SAR address to Barclays.

Best regards,

David

[davidascott]

Contact the CRA and place a notice of dispute on your files.

My question now is as the debt was ''written'' off by Barclays

was it actually extinguished by this action, tax benefits have

been gained also.

I think als a SAR my produce some interesting information.

 

Sorry, this time attached.

Subject Access Request - 14.11.11 Consumer Forum Version.pdf