Cabot harrassment re old Goldfish card

[Charbydis]

Just had an annoying call from Cabot about a goldfish account I have told them I don't recognise,

 

Payplan don't recognise and they haven't sent me a CCA about.

That's the short version!

 

Bascially he said they weren't prepared to accept a repayment plan it was settlement or escalation!

 

I listened to him for about half an hour and ended up saying I might be able to pay £500 at the end of the month

but still didn't recognise the account.

 

He went off saying he needed to speak to his supervisor and wouldn't be 5 mins. 15mins later I hung up.

 

I think I no the answer to what to do

- nothing but is there anyone I can complain to as I have told them not to phone me numerous times?

[gazhodge1981]

Just had an annoying call from Cabot about a goldfish account I have told them I don't recognise, Payplan don't recognise and they haven't sent me a CCA about. That's the short version! Bascially he said they weren't prepared to accept a repayment plan it was settlement or escalation! I listened to him for about half an hour and ended up saying I might be able to pay £500 at the end of the month but still didn't recognise the account. He went off saying he needed to speak to his supervisor and wouldn't be 5 mins. 15mins later I hung up.

 

I think I no the answer to what to do - nothing but is there anyone I can complain to as I have told them not to phone me numerous times?

 

 

 

 

Hi, Cabot are a right pain in the bum, had a few dealings with them and won in court thanks to help on here:D

You need to send them a SAR request for all the information they have on the account. Have they sent you any letters or anything?

If they ring again don't speak to them on the phone, tell them to write to you, never speak to them on the phone as they record all the conversations and will use them in court if it ever goes that far.

[Stigman]

Hi,

 

If you do not recognise this account, then wait until Carbot have sent a letter to you, then send them a CCA request to make sure that they are legally entitled to collect this debt.

 

As to escalation, it means he wants to scare you into paying because he wants some commission.

 

If Carbot rings in the future, just say "in writing only" and hang up, refuse to go through the security questions.

 

was going to ask when was the last payment on the account but as you do not recognise bit pointless.

 

Have you checked your credit file recently?

 

The SAR needs to go to Goldfish (Costs £10), not Carbot, hopefully loads of yummy PPI & Charges for you to reclaim.

 

I certainly would not pay Carbot a penny until you recieve a letter through the post, then as I said above, send them a CCA request, enclose a £1 postal order and do not sign your name, template letter for a CCA request is in the templates section (top tool bar in green under Library).

 

Stigman

Edited January 6, 2012 by Stigman
Fat fingers on keyboard

[dx100uk]

why are you talking to these muppets on the phone?

 

if you know nowt about it.

 

check you cra file to be sure

 

then ignore them

 

whilst on your cra file, check everyother debt you are paying shows too!

 

dx

[citizenB]

Have to agree with the others.. I fail to see why you would offer money for a debt you have no knowledge of.

 

Check your credit reference files and send a Subject Access Request to the original creditor and perhaps a CCA request to Cabot.

[rebel11]

The debt is Statuted Barred, if no CCJ exists, if no payment or acknowledgement has been made to the creditor in the last 6 years.

[Charbydis]

sent an SAR ages ago they sent back an applicaton form for a goldfish account which bore no relationship to the account number they gave me and a load of statements relating to a morgan stanley account. I wrote back and told them this and guess what they didn't reply.

[citizenB]

sent an SAR ages ago they sent back an applicaton form for a goldfish account which bore no relationship to the account number they gave me and a load of statements relating to a morgan stanley account. I wrote back and told them this and guess what they didn't reply.

 

 

Is that ALL you received in compliance with your SAR request ?

[Fred Bassett]

Why on earth would you agree to pay money towards an account you don't recognise? The advice you've received is correct. Don't pay them a penny until you've got proof that a) it is your debt and b) it is not statute barred. If it isn't your debt then go to the Police and make a complaint regarding fraudulent activity on the part of Cabot.

 

Regards.

 

Fred

[Charbydis]

After months of nothing other than the odd call which I hung up as soon as I realised it was CABOT I have had a letter from FIRE telling me they have been instructed to collect. Ho hum!

[Windywoo]

Cabot and Fire are the same company, just a different desk!

[Charbydis]

I cca' d cabot over a number of debts and they haven't provided the documentation required. today I received two letters threatening defaults on two of the debts in question. They are old barclaycard debts that were sold on.

What is the best response?

[dx100uk]

nothing ....

 

if the debts already have a default registered

which BC do upon sale

it can do nowt more harm.

[silverfox1961]

Hi

I was under the impression only the original creditor could file defaults. When a debt is sold, the new owner can only update the details already held.

 

An account has to be defaulted then terminated before sale so if BC has failed to do this, it 'may' be classed as an unlawful repudiation.

 

I am going to ask my fellow team members for some input.

[dx100uk]

I wonder if these are threats of markers rather than a default notice.

[dx100uk]

can you scan up the letter please

[fletch70]

Santander sold a debt of mine to CL finance while it was in a payment plan on a dmp. 3 years later when I lost my job they defaulted me. Earlier this year I challenged the default and it was removed.

 

I am not sure if it applies but of course depending on the contract the OC can terminate without a DN so could then sell it on without a default being registered

[DonkeyB]

Hi

I was under the impression only the original creditor could file defaults. When a debt is sold, the new owner can only update the details already held. Not so, silverfox. A debt can be sold any time, providing the contract allows for it, so an ongoing credit facility could be assigned to a new owner, but under the original T&Cs. If the debtor then defaulted, a default could rightly be recorded.

 

An account has to be defaulted then terminated before sale so if BC has failed to do this, it 'may' be classed as an unlawful repudiation. Again, not the case. A debt can be sold at any time, as above, and the issue of unlawful rescission is a dead duck in such instances – case law states that the creditor simply has to comply with s87 at some point before enforcement can take place.

 

I am going to ask my fellow team members for some input.

 

However, it is true as DX says that if the accounts have already been defaulted by the original creditor, then they cannot be defaulted again, as implied. This is a deceitful practice, and therefore does not represent the true situation – get a complaint in to the FCA.

[Charbydis]

I wrote to Cabot saying they had not complied with my cca request and anyway I never had an agreement with them to default. I am waiting for their response

[DonkeyB]

I wrote to Cabot saying they had not complied with my cca request and anyway I never had an agreement with them to default. I am waiting for their response

 

If the account was sold, it’s likely that you are still under the same T&Cs as with the original creditor.

 

Have you checked your credit file to see if defaults were actually registered by the OCs?

[Charbydis]

I got a response back saying as they didn't have the necessary paperwork and were unlikely to get it they were ceasing collection activity but then went on to say they would continue reporting nfo about the accounts to credit reference agencies. Can they do this?

[Old Cogger]

if it is a true information on CRA reported = yes

[renegadeimp]

I got a response back saying as they didn't have the necessary paperwork and were unlikely to get it they were ceasing collection activity but then went on to say they would continue reporting nfo about the accounts to credit reference agencies. Can they do this?

 

Good job on calling them out! As ive said many times, cabot rarely hold the right paperwork, and it is very easy to challenge them. The CRA will still be updated by them or any new owner for the remainder of the 6 years, as lack of paperwork only prevents them enforcing a court order. Not reporting to a CRA.

[fletch70]

They could if they wanted still try and collect from you but in my experience cabot have not tried with UE accounts

[renegadeimp]

Cabot will try with a UE, just out of sheer spite. But they are doing it much less now as they know they wont get anything from it.