Cabot Financial won't change "contacted amount"

[sinkingfast]

Hi,

 

My husband and I have been on a debt management plan for 9 years know. During this time we have done regular reviews and our repayments to creditors have gone up as well as down depending on our circumstances. Various debts have now been sold on to debt collection agencies, one agency who currently has 3 of my debts is cabot financial.

 

After a recent review with payplan our repayment has unfortunately gone down temporarily. Cabot financial have been ringing me constantly since. I eventually spoke to them on Friday and they said it was because i wasn't meeting the contractual amount on my Barclaycard account so it was now in a pre-default state. They recommended i ring Barclaycard and inform them of my situation which I did only to be told by Barclaycard that they sold the debt to Cabot so it is no longer anything to do with them. I rang Cabot back who then started saying if I don't meet the "contractual amount" each month then my account would default. I asked why the contractuall amount couldn't just be changed and all he kept saying was that they couldn't and that they have a legal obligation to update my credit file, he also kept talking about "they" implying it was Barclaycard that set the rules and nothing to do with Cabot. when I asked who he was refering to when he spoke about "they" he denied saying that and said he said "us".

 

My query is, if during the 9 years of being on the debt management plan my payments have gone up and down, why hasn't this account defaulted before now? Can Cabot change this "contractual amount" and could any one give me advise on trying to find out when this contractual amount was set please and if it can or can't be changed legally?

 

Thankyou in anticipation

[fkofilee]

If Cabot Have it its probably already in Default...

Send them a CCA Request and find out if they have the legal right to collect the debt.

[sinkingfast]

Thankyou for replying so quickly. Ok I will do although they acknowledged that the other two debts of mine they have are already defaulted.

 

If they can't respond appropriately to the request can they still update my credit file?

[mikeymack2002]

If they own the debt then they can, all it is for is updating only. First of all get a letter off to Cabot clearly stating them to remove your telephone numbers and to have all communications in writing only. if they refuse to stop calling then place a complaint to the relevant bodies.

 

 

As far as your CCA request goes you will receive a standard bull letter saying they have 40 days in which to comply, we here at CAG know this to be incorrect it is 12+2 days.

 

 

Be careful in starting letter tennis with them but do now keep all of their letters, especially the one in response to your CCA, it will help you out at a latter date.

[mikeymack2002]

Since you have stated you have other debts have you posted any of this up on the boards? If not I would and see how many have enforceable agreements, 9 years to be paying a DMP is a long time, it is advisable to send off a CCA to all of your creditors now and see what comes back.....

 

 

Finally have you been receiving your annual reports from the DPM?

[BankFodder]

Follow our customer services advice before getting onto the phone to them again.

 

You should know that by now