Advice Regarding Default Notice and Request for Information

[jrmcleod]

Hi All,

 

As this is my first time on here i am not sure if i have posted in the correct place...so MODS please move if needed.

 

I sent a letter to a company called Cabot Financial requesting that they send me proof of Default Notice that has been marked on my credit file.

 

The original debt was for the Clydesdale Bank where i went over my overdraft because i lost my job.

I was unemployed for 7 months and couldnt repay,

however, once i got a new job i repaid the amount in full.

The value was for £1226.

 

My issue is that the default is listed under Cabot and not the Clydesdale bank

and i have NEVER received any default notice from Cabot.

 

I requested that they send me this as i want to try and have this default removed from my account.

 

The default date was 2 years ago.

..since then i have struggled to get any credit at all and i have to wait another 4 years

(6 years of punichment is rediculous and the law should be changed).

 

Anyway, i received the following letter back from them:

 

"We acknowledge receipt of your request under section 77/78 of the Consumer Credit Act 1974 ("CCA").

 

There is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as Part V of the CCA does not apply to these types of accounts.The exclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b). I can confirm that your payment of £1226.00 received on 5 March 2012 settled the outstanding balance and the entry on your credit file should now show as "satisfied".

 

With regards to your request for a copy of the original Default Notice, Cabot Credit Management, formerly the Cabot Financial Group ("Cabot") does not hold a copy of the same on file. For clarification, this notice was issued by Clydesdale Bank,theoriginallender prior to theregistration of the default entry with the credit reference agencies (“CRA’s”).

 

For your information, I can confirm that the default entry was registered by Clydesdale Bank on 31 January 2011. Upon assignment of your account to Cabot, Clydesdale Bank removed their entry and this was replaced with an identical entry in our name.

 

Furthermore, I can confirm that there is no requirement under the CCA for Cabot to provide you with a copy of your Default Notice.

 

I note that you have also requested the Deed of Assignment. This document is confidential between the original lender and us and as such, is not available for disclosure. However the Notice of Assignment was originally sent to your postal address on 22 July 2011, which is sufficient evidence to justify our ownership of this account.

 

I trust we have set out our position clearly.

 

If you have any further queries in relation to the above account, please do not hesitate to contact me on 0845 026 0463. The Customer Assurance Department is open from 9am to 5pm Monday to Friday."

 

My query here is how can a company whom i get into debt with, place a default on my file, then remove it because the debt has been paid by an agency, then the agency places a default on my file when i have never had an agreement with them...surely this nulifys my obligation when they have paid the debt for me? Can they actually just go and replace a default with their own?

 

I will be sending them a SAR for all information but i think i will come up against a brick wall again like this letter.

 

Any advice?

[dx100uk]

they are correct.

 

sar clydes dale

if you can prove the defaulted balance contained PENALTY charges

 

you might stand a chance.

 

they sold it because it is a toxic debt they would never go near a court with.

 

p'haps also look at a bcobs complaint

[jrmcleod]

As in the whole letter is correct? Even the part where the CB can remove a default and then Cabot put one in even though i recieved no notification from them? Surely Cabot cannot default me on a debt that was originally defaulted by the CB prior to them getting the debt? Should it not remain a CB default?

[dx100uk]

nope

when a debt buyer buys a debt

their name is substituted wherever the OC's appeared

 

but the DATE of the original default should not change

 

dx

[Conniff]

Moved to the Debt Collection Industry section