Caboot / barclaycard **WON - Default removed**

[Doingmybest]

I have a Barclaycard which has been assigned to Caboot in April 2014.

 

 

Caboot then promptly registered a default against me.

 

 

I'm pretty sure that it was defaulted a few years before but there is no evidence of this on my credit report.

 

I have asked Caboot for a CCA which they were not able to get but they are still pursuing me.

 

I am going to do a SAR to Barclaycard

 

 

but would I have to ask specifically for the original default?

 

 

I have a feeling that they will just send me the statements and nothing else.

 

Should I just use the SAR template and request the CCA and Default notice?

 

 

Reason I ask is that I understand that they are under no obligation to include all documentation for a SAR request

[fkofilee]

No The SAR Request wiull give you EVERYTHING they hold on you.

What did Cabot send to you when they couldnt comply with your CCA request

[Doingmybest]

No The SAR Request wiull give you EVERYTHING they hold on you.

What did Cabot send to you when they couldnt comply with your CCA request

 

They sent me nothing. They did reply and say they were looking into it but that was in June. I've heard nothing from them since

[dx100uk]

hope you are not paying them then?

 

 

you wont get a DN out of an SAR

all they have to do is prove one was sent.

 

 

BC would have defaulted this before the sale

 

 

so I doubt cabot have defaulted you

only updated the existing line.

 

 

dx

[Doingmybest]

hope you are not paying them then?

 

 

you wont get a DN out of an SAR

all they have to do is prove one was sent.

 

 

BC would have defaulted this before the sale

 

 

so I doubt cabot have defaulted you

only updated the existing line.

 

 

dx

 

according to my credit report the default date is definitely April and has been registered by Cabot.

[dx100uk]

they cant

only the OC can default a debt

so a date appears in the summary line

a debt buyer cannot change that date

 

credit reports don't tell you who defaulted a debt.

 

history of the card please.

when taken out

when was it sold

 

 

etc etc

[dx100uk]

just read your 1st post again to try and get a diff angle

 

I think you maybe mis understanding what happens when a debt is sold to a debt buyer.

the original creditor [OC] will always default a debt when they sell it on

 

when its purchased, the debt buyers name replaces that oc the OC

so

I think that's why you are seeing what you are.

 

unless.

this debt was defaulted MORE than 6yrs ago and has since dropped off your credit file

and you can prove it.

 

and now its back under cabots name?

 

if this is the case you need the default date from the BC sar.

or past copy of CRA file

 

dx

[slick132]

Hi Doing,

 

Do you have old statements for the a/c. If so, you need to check for PPI or for any penalty charges that were added to the a/c.

 

If not, get them with a SAR enclosing the £10 fee.

 

Reclaiming PPI and/or penalty charges can help reduce the a/c balance.

 

If you haven't sent Cabot a formal CCA request with the £1 fee, do so now.

 

When did the a/c fall into arrears approx.

 

[Doingmybest]

Many thanks for your replies.

 

 

I see what you mean Dx.

 

 

The account was defaulted according to the CRA just before it was sold.

 

 

Also, there is no previous records before the debt was sold this year according to the CRA.

 

 

I might be wrong but I believe I was defaulted previously but I will have to wait to see what the SAR throws up.

 

Account opened in 1997,

 

 

I fell behind about 6 years ago and started making token payments.

 

I will attach the letter that Cabot sent me when I questioned the default.

[dx100uk]

I bet it was defaulted years ago then

 

 

1997, take out and your indication of issues 6yrs ago almost guarantees it.

 

 

dx

[Doingmybest]

SAR sent.

 

 

Just checked my report with Equifax.

 

 

Intrestingly it has more detail than Noodle.

 

 

It shows Barclaycard account being settled - no default.

 

 

Caboot have their on entry and shows defaulted on the same date as they aquired it.

[dx100uk]

ok lets see

 

 

a debt buyer cannot default a debt

 

 

dx

[Old Cogger]

Capquest do the same alter to their name also the date altered to when they bought the debt

[Doingmybest]

ok lets see

 

 

a debt buyer cannot default a debt

 

 

dx

 

That's interesting, we'll see what the SAR shows. I've no default paperwork from either BC or Cabot. On the BC section the date settled is 10/3/2014, In the Cabot section it shows Default on 10/3/2014.Is that normal then that BC would settle and then default an account on the same day?

[Doingmybest]

Hi all, I recieved the paperwork which consists of statements and the application forms (Barclaycard and Mastercard) which obviously have my signature on it but there are no prescribed terms etc. There are no default notices from either the DCA or B/C and no letter of assignment. Am I correct in believing that although the debt is owed it cannot be legally chased?

[dx100uk]

it can

 

 

just that any judgement cannot be enforced.

if its un-en

.....

 

 

you wont see default notices

just ref to in the account logs.

[Doingmybest]

Howdy all. Can anybody help me with the following questions please?

 

If there is no credit agreement how can I default on it?

 

B/C obviously never defaulted me but as soon as the account was assigned to Cabot they defaulted me the same day and are yet to produce the CCA.

 

They have not written to me since the request but I was wondering whether I should complain to them about the default and ask them to remove it.

 

What do you think?

Edited July 10, 2015 by slick132

[Doingmybest]

Sorry about the lack of spaces. Dreaded work PC

[dx100uk]

bc would have defaulted the loan on the date they sold it

 

having no enforceable CCa

 

is sadly no reason to having a default removed.

 

 

sorry

[slick132]

Hi DMB,

 

Spacing added for you.

 

They haven't provided a signed credit agreement but they have provided a signed application form. The existence, or not, of the credit agreement or debt can only be decided by a court.

 

Have you made any formal complaint to Cabot and the CRA's about the incorrect default date.

 

What's the month and year of the default date.

 

[Doingmybest]

Hi DMB,

 

Spacing added for you.

 

They haven't provided a signed credit agreement but they have provided a signed application form. The existence, or not, of the credit agreement or debt can only be decided by a court.

 

Have you made any formal complaint to Cabot and the CRA's about the incorrect default date.

 

What's the month and year of the default date.

 

 

Default date was March 2014. I was paying token payments of £1 per month until then.

I have not complained at all. I just requested the CCA.

 

ps thanks for the spacing

[slick132]

Do you know when you first defaulted, ie failed to make the normal monthly pay'ts required.

 

BC should have issued a DN within a reasonable period after that failure, maybe 3 to 6 months maximum.

 

While you were making the token payments, were BC adding interest and penalty charges.

 

[Doingmybest]

Hi sorry for not replying sooner.

My last payment to them was July 2006.

Token payments show for January to March 2007 and then zero balance until my sar October 2014.. They stopped adding interest and charges April 2007

[slick132]

The debt is now Statute Barred and they cannot take collection action, or seek a CCJ.

 

You need to write to Cabot and to BC complaining that :-

 

1. The default date showing on CRA files is incorrect due to BC's failure to issue a Default Notice in a timely manner.

 

2. This may cause you damage for which you can seek compensation.

 

3. If they fail to amend the default date within 14 days, you will complain to the ICO and take action seeking compensation.

 

[slick132]

Did the SAR response disclose data about penalty charges added to the a/c.

 

Or do you have this data yourself, in the form of old statements.