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Before going down the complaints route you do need to find out what your agreement was with goldfish. DNs are not issued until there is a breakdown between the creditor and customer. ICO guidance i think maybe somewhere else. If the OP was paying a sum that was near the minimum payment it could be argued that there was still a relationship there. Cabot may have a different definition and the OP has already said they missed some payments.

I really can not see an unfair complaint having legs. The best hope us either UE due to lack of agreement or terminally UE due to S127(3) .

Any opinion I give is from personal experience .

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Can CQ actually issue a Default Notice ?

 

The DN allows for the resumption of services, if remedy of the breach is made prior to the remedy date. CQ are not in a position to resume services as they are NOT a creditor and are not lending ??

 

Or have I lost the plot ?

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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This is a familiar scenario that as far a I know has not been argued in court, in this case a DN is being issued on an credit card account that has been sold by the original card issuer as you say CB if the DN was issued by the OC and the default remedied then the account remains ''live'' and can be utilised by the card holder.

I the DN is issued by a debt purchaser as in this case Cabot as far as I see it what is there for the card holder to remedy? It appears from what has been said here that Cabot are just placing a default on purchase of an account with the sole purpose of extending the time they have to collect the debt.

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Brig, do we know if a Default Notice has already been issued by the original creditor ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have just taken another look at that DN in post 20 imo it is totally without merit remedied or not there is no way Cabot could return the account to its original status. Cabot do not issue credit cards.

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See post 20 CB and my comment above.

 

My apologies for butting in:madgrin:

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See post 20 CB and my comment above.

 

My apologies for butting in:madgrin:

 

Sorry, missed that.. :(

 

I have to agree, with your comments here. That DN is irrelevant. Bizarre that they even think they can issue it ??

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Is it possible that the terms were varied prior to the sale. For example reducing the credit limit to zero. Hence if the DN were rectified all that would happen is that no default would be registered.

 

Now on this bit is.it is just an idea,aren't there protocols to go through in order to issue court proceedings?

 

CB i have commented on other threads that there is an argument that any DN issued by a debt purchaser is invalid if the remedy means the restoration of an active account. I have veena shouted down on some of those occasions .

Any opinion I give is from personal experience .

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There have been a considerable number of instances of this action, having looked back on some of my records quickly Cabot appear to have been doing this for some time, it is in my opinion a deliberate perversion of the purpose of a default notice as no remedy is of benefit to the debtor.

 

The OP should be advised to report this abuse to the ICO.

 

Given the status of the default as nul bono it should be formally challenged and its removal sought.

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Hi folks.

CitizenB, Who or what is CQ? (POST75). Also as stated above I am not the worlds greatest keeper of records so I am not sure if Goldfish did issue a DN. If they did, then from what I have read on this site, Cabot can't issue another one. I am still waiting for the SAR to be returned to find out if there was a DN from the original creditor. Sorry if my post don't make much sense but my head is buzzing with all this info and advice/ opinion being offered. Think I'll find a dark room to go and lie down in and only come out when the North Koreans are running the economy.

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A slip of the finger I think CB intended Cabot.

 

Cabots default has no merit as there is absolutely no benefit to you, if remedied Cabot could not reinstate the account.

 

Have a look at my comments above.

If the original creditor had already defaulted the account the date of that default MUST stand Cabot CANNOT issue a further default notice nor place a default, this really must be challenged forcefully.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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[ATTACH=CONFIG]42854[/ATTACH]

 

[ATTACH=CONFIG]42853[/ATTACH]

 

As stated in post 18.

 

(a) Right, well the account was surely already terminated prior to its being sold to Cabot - so what exactly do they intend to terminate.

(b) They are a ruddy DCA, so that statement was disingenuous !

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi folks.

CitizenB, Who or what is CQ? (POST75). Also as stated above I am not the worlds greatest keeper of records so I am not sure if Goldfish did issue a DN. If they did, then from what I have read on this site, Cabot can't issue another one. I am still waiting for the SAR to be returned to find out if there was a DN from the original creditor. Sorry if my post don't make much sense but my head is buzzing with all this info and advice/ opinion being offered. Think I'll find a dark room to go and lie down in and only come out when the North Koreans are running the economy.

 

Yes, sorry.. I did indeed mean Cabot..

 

Shift over, I might just want to share that dark room with you :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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This whole saga is at best maladministration by Cabot and at worst a criminal manipulation of legislation and regulation!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Is it possible that the terms were varied prior to the sale. For example reducing the credit limit to zero. Hence if the DN were rectified all that would happen is that no default would be registered.

 

I understood that was pretty much standard practice to reduce the credit limit to £0 on assignment. It is the next part that is not making any sense. I am assuming that there was already a Default marker placed on the account by B/shark prior to the sale. I guess we just need to wait until the SAR is provided.

 

Now on this bit is.it is just an idea,aren't there protocols to go through in order to issue court proceedings?

 

Yes, there are. I think it is all in the Pre action protocol Practice Directions. I will try and find a link to those.

 

CB i have commented on other threads that there is an argument that any DN issued by a debt purchaser is invalid if the remedy means the restoration of an active account. I have veena shouted down on some of those occasions .

 

Sorry to hear that, I hope I wasn't one of them !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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There cannot be a blanket statement made here that all DNs issued are invalid we have here a situation of a debt purchaser ( perhaps better described as a purchaser of ''delinquent accounts'' there is I feel a distinct difference.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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There cannot be a blanket statement made here that all DNs issued are invalid we have here a situation of a debt purchaser ( perhaps better described as a purchaser of ''delinquent accounts'' there is I feel a distinct difference.

 

That goes without saying.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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That's a lot of reading for a Friday evening there are pertinent points that could apply.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Sorry to hear that, I hope I wasn't one of them !!

 

No not you. I think you have only slapped me once.

 

As you say the SAR will be critical in all this. I for one wouldn't want to be arguing the validity or not of a debt purchaser issuing a DN before a judge and as you know sometimes i will happily argue night is day, or at least the possibility it is.

 

That sort of argument i would leave to the likes of others.

Edited by ims21

Any opinion I give is from personal experience .

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There cannot be a blanket statement made here that all DNs issued are invalid we have here a situation of a debt purchaser ( perhaps better described as a purchaser of ''delinquent accounts'' there is I feel a distinct difference.

 

That goes without saying, and we must not abuse Horsen's hospitality by using his thread for anything other than his situation.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Indeed so I feel a research project coming on:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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It actually makes for interesting reading, Brig. Although I am only a quarter way through it at the moment as I keep dropping off :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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