Cabot problem, and other issue with debts from someone who has same name and DOB

[Speky]

Hi - I have several issues with various debt collection agencies, none of which are of my own making.

 

There is an individual living in another part of the country with the same name and DOB as me, he keeps running up bad debts and then disappearing. Obviously, when these agencies go looking for him, I am always top of the list and so have lots of hassle trying to convince these people that I'm not this other person.

 

I have been trying to get my credit report cleaned up recently, and am in the process of getting many incorrect address links removed, this is progressing well and when these addresses are removed, the bad debts for these addresses should be removed as part of the process.

 

The problem I have is that Cabot have linked an address to me and placed a default on my credit report, but the entry placed on my report indicates that the default address is my actual address when it was actually at another of these incorrectly linked addresses... so basically when all the corrections have been made and the other incorrect addresses have been removed, this Cabot default will still remain as they've listed it under my address and not the address of the original account. I hope this makes sense. - I have two questions, the first one is "Is there anything I can do to stop these agencies chasing me for this other person debts?

 

The second question is "What do I do about the above issue with Cabot? I have contacted the CRA's and they say I have to contact Cabot. I have contacted Cabot several times and each time I have to try and convince them I'm not this other person, and from the reactions I get I don't think they believe me. Anyway, I've been ringing them on a weekely basis for over a month now and it doesn't seem to be progressing at all. What should I do about this?

 

I have also written a letter to the original lender which was Vanquis which I'm sending tomorrow requesting that they do something about this... I don't hold out much hope though as they were not very helpful on the phone.

 

Any advice would be very gratefully appreciated as I seem to be going around in circles with the Cabot issue.

 

Thanks, Andy.

 

Weird issue when posting, kept saying my subject line has too many tags!

[cerberusalert]

If they don't sort their act out make a complaint to the ICO https://www.ico.gov.uk/Global/contact_us.aspx

 

They have a legal duty to ensure that the data they are processing is correct. Also you could sue them for libel. the average payout for an incorrect default on your credit file is £1K but depending on the circumstances it could be much more.

[BRIGADIER2JCS]

Hi welcome to CAG,

 

You will need to make a formal complaint to

the Data Conroller at Cabot in writting, this

gets you past the oiks in customer (dis) service.

 

 

Try this:

To the Data Contoller

Cabot.

 

Ref:xxxxxxxx

 

Dear Sir or Madam.

 

I refer to previous contact made regarding a debt for £xxxxxx

which you allege is owed by me.

 

Take not I do not acknowledge any debt to you or any company

you claim to represent.

 

I formally notify you that I am not the debtor you are seeking, and

I am not liable for any such debt.

 

Cabot have listed erroneous and damaging entries on my credit reference

files, which I now require you to remove immediately.

 

I am sure you are aware of the OFT Guidance on Debt Collection 2002/2011

and the sections on the pursuit of debts when you are unsure of the identity

of the debtor, and contacting people with the same name as the allged debtor

without having proof that it is the right person.

 

 

Unless you comply with the instructions given here within 7 working days from

the date of this letter I WILL be making complaints to The OFT and the ICO

regarding the suitability of Cabot to hold a consumer credit licence.

 

Also I will be seeking financial compensation for the damaging entries made

on my credit files and I am currently seeking advice on what amount I should

claim.

 

Send recorded delivery with a screen shot of the CRA entries, place

a notice of dispute on all the CRA files.

 

Ref

[Speky]

What super advice from both of you, thanks very much. I will be composing the letter straight after this post.

 

I'll post again and let you know how it's going when I have some news to report.

 

Thanks again, Andy.

[Speky]

Hi again,

 

If we assume for the moment that Cabot don't give a hoot about the letter I've sent them (confirmed delivered to them this morning) and do not fix the problems within the prescribed timescale, where do I go next with a view to getting them to compensate me for the damage already done (and continuing to be done) to my credit report?

 

Thanks in advance.

 

Andy.

[BRIGADIER2JCS]

Lets wait and see what they come up with it's difficult

to speculate what if any action will need to be taken.

[Speky]

Thanks Brigadier, I just have so little faith that they'll do anything... but best to wait and see what happens I guess.

 

I post here again when either I hear from them, or in a week when they haven't responded.

 

Thanks for your help.

 

Andy.

[BRIGADIER2JCS]

Hi Andy, we'll be here to help what ever!!

[Speky]

I am pleased to report that Cabot did indeed remove the erroneous default from my credit report within the time period prescribed by the letter I sent to them. Thank you so much Brigadier.

 

That's the good news... The bad news is I now have "Debt Managers Ltd" chasing me for another debt that this "other me" has run up. After the experience with Cabot, I should be able to deal with this new issue though.

 

Is there any way I can stop these companies from automatically assuming I'm this other guy???

 

Thanks, Andy.

[BRIGADIER2JCS]

Yes Make a formal declarition of disassocition to the DCAs

and to the 3 main CRAs.

And send copy to debt mamagers data contoller and Vanquis with

Cabots admission that it's all wrong.

[cerberusalert]

Who was it that marked your credit file Vanquis or Cabot? Technically it would need to be Vanquis to register & Cabot to update but either way you could write to them inviting them to offer reparation for the damage they did to your credit file. You could also mention that if their response is unsatisfactory you will be making a complaint to the ICO.

[Speky]

The default was placed on my credit report by Cabot. I have never had any dealings direct with Vanquis.

 

Cabot haven't actually responded to my letter in any way, other than arranging for the erroneous default to be removed. They didn't advise me that they were going to remove it, and still haven't written to me at all since my letter. I have obviously been keeping an eye on my credit report though, which is how I know the erroneous default has been removed.

 

I did write to Vanquis at the same time as I wrote to Cabot but I've not heard back from them as yet, maybe they will offer some compensation if I'm lucky. Liverpool Victoria paid out compensation to me in a similar situation I had a couple of years ago, they offered it without me having to ask for it which was nice. With regard to Cabot/Vanquis, I'm just happy that it's been resolved, if I do get any finacial benefit out of it, that would just be a bonus, I'm not actively chasing either of them for compensation though, as Cabot did remove the default from my credit report in the timescale I specified in my letter to them.

 

I will get on to the formal declaration, though I don't have anything admtting any wrongdoing from Cabot at the moment.

 

The "Debt Managers Ltd." issue shoudn't be too much of a problem, I will just reword the letter I sent to Cabot and that should get them off my back.

 

Thanks again.

[cerberusalert]

By marking your credit file erroneously they have libeled you & as I said earlier you could sue them for the damage they have caused. Obviously it would depend on the impact it made such as causing you to be unable to obtain credit, open a bank a/c or obtain a mortgage as to what a court would determine in damages. That's why I suggested you invite them to offer reparation.

 

Another thing, Cabot should never have registered a default they are not legally entitled to. The original creditor must do that & then Cabot would then be able to update it if it was correct.

[Speky]

Hi Cerberus,

 

Would you be able to jot down a few lines as I'm not really sure of the wording I should use. I'll then send it to them and see if anything comes of it.

 

Thanks, Andy.

[BRIGADIER2JCS]

Hi,

Write to the Compliance Manager at Cabot.

 

 

Ref:xxxxxxxx

• Dear sir or madam,
  

I refer to our recent coorespondence regarding the

damaging false entries Cabot had placed on my

CRA files held by (name the agencies) as you must

be aware such entries are grossly unfair and damaging

to my reputation with creditors current or proposed.

 

I have sought advice on this matter and it has been suggested

that I complain formally to the ICO and, or issue a claim in the

County Court and seek recompense for the the damage caused.

 

However court action will involve your company in costs when

judgement is given in my favour, therefore I will be prepared

to accept the sum of (you decide) as compensation for what

Cabot has done.

 

This offer is open for 14 days from the date of this letter.

 

I look forward to your prompt reply which will avoid the necessity

for litigation.

 

Send recorded delivery.

[Speky]

What is a realistic amount to ask for?

 

Thanks, Andy.

[BRIGADIER2JCS]

Was this shown on all 3 main agencies £1k

per agency as this is not merely a late or

unfair default it was totally false.

This should also take into account their reluctance

to rectify their error promptly.

[Speky]

It was listed at both CallCredit and Equifax, I can only assume it was listed at Experian as well, but I didn't want to pay Experian £15 to check so I can't be 100% sure it was on there, but I think it extremely likely that it was (and maybe still is). It is still in fact showing at CallCredit but I think this is due to the way the online Credit Report gets updated which is on a monthly basis... it is in fact due to cycle in the next 48hrs, so i am expecting it to be gone from there soon, as it did get removed from Equifax recently (after sending Cabot the letter).

 

Thanks once again for your help with this.

 

What would be the next step and if I am to seek compensation, what should I realistically expect?

 

Thanks, Andy.

[BRIGADIER2JCS]

£2.00 statutory credit reprt by post.

Take a look at their site it will tell you

how to go about it Andy.

Calculate on what it has cost to challenge

this, plus the damage to credit reputation

inability to obtain credit, try for around

£1k per entry.

[cerberusalert]

Did you take screenshots as evidence?

[Speky]

I only have screenshots of the default on CallCredit, however I do have a data trail at Equifax documenting the complaint which specifically mentions the dispute and Cabot by name.

 

I have however just noticed that the reason that the default was removed from Equifax is because Cabot haven't responded in full yet, see below for the latest from Equifax...

 

As Equifax hasn't received a response to your query just yet, we've removed this Cabot Financial (UK)Ltd account from your Credit Report until we get a reply from the company. We'll contact you again once they let us know the outcome of their investigation. We've created an updated Credit Report for you to view this change.

 

The note that we added, stating that your information was in dispute will be removed within 24 hours.

 

You’ll find more information about your credit report at: equifax dot co dot uk help. If you have a question, you should find the answer in our FAQ section. If not, you can send us an online query, and attach your documents to it - no need to worry about them getting lost or delayed in the post.

 

I hope you find this useful. If there’s anything else we can do for you, please let us know.

 

Kind regards

 

Equifax Customer Services

 

In light of this, it may well not have been removed properly at all yet, and may still appear on my Credit Report at CallCredit... This is potentially far more serious now, as they may not have done anything at all despite my letter to them...

 

Sorry that my ealrlier assumption appears to be incorrect, should I still proceed along the same lines or should I be doin gsomething else now?

 

Thanks again.

[cerberusalert]

You could send them a S.10 notice but you must be willing to follow it through. http://www.consumeractiongroup.co.uk/forum/content.php?411-Legal-notice-issued-under-Section-10-of-the-Data-Protection-Act-1980

[Speky]

I have requested a Credit Report from Experian, but it's not available to look at immediately unless I sign up for the full service, and as I was a member previously, I don't get the free 30 day trial which would allow me to view it straight away, so I'll have to wait a day or two for this.

[cerberusalert]

It only takes a few days for them to send it by snail-mail. The main thing is to stop Cabot from processing your information now, you already have evidence of the erroneous entries.

[Speky]

If I proceed with sending them the S10 notice and I am prepared to follow it through, is there any (likely) chance that I could end up with nothing and have to pay the court costs? I know you can't answer this question with absolute certainty, but what would the likely expected outcome be?