Goldfish/Cabot

[fletch70]

Allison,you have my deepest sympathy. Losing family is never easy and particularly when they are young. It can take a long time to get it together .

[Horsen]

Hi folks.

So one school of thought is that Goldfish should have issued the DN before selling the debt and that Cabot can't. The other is that as long as Cabot have bought the debt then it is up to them to issue the DN if they so desire? At the moment I am awaiting both the SAR from Goldfish and the CCA from Cabot so I am not paying anyone. Without splitting hairs (Please) which is the correct way and where do I research the correct the right procedure?

[Bazooka Boo]

So one school of thought is that Goldfish should have issued the DN before selling the debt and that Cabot can't.

Yes that is how I see it.

 

The other is that as long as Cabot have bought the debt then it is up to them to issue the DN if they so desire?

I've never heard of this, I just cannot see in anyway this would ever be legal, for the account to be sold on, it must be defaulted first, and defaulted by the OC, otherwise any enforcement process that is attempted to be carried out can be defended, as you have never been given the opportunity to rectify the default in the first place. Whether it has been sold on or not, the OC has the responsibility to act responsibly with your account, they can't just decide to flog it on and let someone else do their dirty work.

 

I'm thinking that if they are doing this, then they are going to be in breach of COBS..

http://fshandbook.info/FS/html/handbook/COBS/2/1

[fletch70]

I can honestly see no reason why cabot as owner can not default you,unless you were defaulted by goldfish.

Once the 12+2 working days are up they are in default of your cca request and can not enforce until they provide one. Even if they provide one i would then be using cputr 2008 to ask if they have the original. Without the original they are in difficulties.

One step at a time.

 

You could try asking national debt line or one of the decent free legal sites out there.

[Bazooka Boo]

DCA's don't issue defaults, they might claim that you have broken the agreement, but that's just it, an agreement, there is no written contract between a debtor and DCA, they simply cannot issue DN's.

[fletch70]

Big difference of opinion. I would just say that the right to assign the debt at any time is usually in the terms and conditions. That'd how we got into this mess in the first place with banks selling piles of toxic debt.

I really am sorry BB but where does it say an account can not be sold.

[Bazooka Boo]

Start a new thread fletch, I'll discuss it on their.

 

Right to assign yes, it's in the T&C's, the issuing of DN's is done by the OC and not the DCA.

 

Again this can be defended using COBS. 2.1

[fletch70]

Last comment on this. Cabot are a debt purchaser not a straightforward dca. I suspect it will be largely irrelevant anyway as i am hopeful no cca will be forthcoming.

[dx100uk]

unless YOU made a written agreement with cabot to pay

£XXPCM to them, then they cannot issue a DN.

 

end of.

[Horsen]

Hi dx.

I don't recall ever writing anything down with Cabot. I think it was all done over the phone but can't be certain. Is it worthwhile SARing them, considering the outstanding CCA request?

[fletch70]

Dx doesn't an absolute assignment include all the rights duties responsibilities etc etc. So if the arrangement was made with goldfish would it not carry on?

[dx100uk]

Hi dx.

I don't recall ever writing anything down with Cabot. I think it was all done over the phone but can't be certain. Is it worthwhile SARing them, considering the outstanding CCA request?

 

no judge would hold you to any agreement made on the phone

 

it was done under duress and threats

when they [obv because they hold no CCA] have no right to even demand the money.

 

dx

[dx100uk]

in post 4 you say the debt is defaulted what is the default date on the debt summary please?

dx

[fletch70]

Dx. DN was served Oct 08.

Sale to Cabot was April 08

[Horsen]

Cheers Fletch, was just about to post the info. I woke up in the middle of the night and thought that if they haven't got the CCA, how can they say I am breaking the agreement?

[Bazooka Boo]

SO to summarise.

 

Goldfish 'sold' the account in Apr 08..... Then you received a DN in Oct 08, off Cr@pbot..

Edited April 4, 2013 by Bazooka Boo
Typo!

[Horsen]

Yes

[Bazooka Boo]

Any chance you are able to scan and post the DN up on here?

 

Please ensure you remove ALL Identifiers, bar codes, ref numbers, QR boxes etc, just leave the content of their missive and the dates. If you remove the figures, can you say what they claim the arrears outstanding are, and how much they expect you to pay to rectify the account..

[Horsen]

See post 20.

[Bazooka Boo]

OK, both those uploads are of the same DN...(Oct 08)

 

Did you upload the NOA?

[Horsen]

Both

[Bazooka Boo]

That seems to me to be a perfect complaint re: COBS/BCOBS..

 

Goldfish have acted very unfairly here, to simply send you a letter stating they were passing your account to Cr@pbot doesn't seem right to me?

 

Did they not send you anything else prior to this NOA?

[Desperate Daniella]

I'd be absolutely astonished if they have the Goldfish agreement. I've never heard of them producing any Goldfish agreements.

[Horsen]

Hi people,

I am not the worlds greatest record keeper so I am waiting for SAR from Goldfish. Was in the middle of really depressing time for both me and OH, due to events beyond our control, so I couldn't say with any honesty that Goldfish didn't send any stuff.

[Desperate Daniella]

Goldfish does not exist - sorry if someone has already said that. It was taken over by Barclaycard in October 2008. I'd be astonished if Barclaycard comes up with an agreement.