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Barclaycard and Cabot...


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Hi all,

 

My wife had a small BC balance (£250) when I lost my job back in 2009.

 

To summarise, BC sent a Notice of Default in May 2009 so as we thought this account had defaulted we added it to our DMP which we started in August 2009.

 

BC refused to accept DMP payments and sold the debt to Cabot in November 2011.

 

Cabot have happily received the DMP payments since then.

 

We have recently been trying to tidy up our Credit Reports to move on with our lives

and have contacted BC to complain with regards to the fact the balance has never been recorded as diminishing

(It went up to £500 with charges) on her report and that there was not a default showing from May 2009 only '6' late payment markers....

 

We then discovered that the BC 'Notice of Default' (From Mercers) was actually NOT a Notice of Default

and that they had very cleverly worded it and mis spelt certain clauses to make us think it was a Notice....:mad2:

 

So my wife wrote to the 3 CRA, BC and Cabot last week to complain and to back date a Default to May 2009.

 

This is what happened next:

 

Cabot instantly recorded a Default dated February 2015.

 

BC came back with an offer to back date the original debt to a default on March 2010 when they say they sent the 'proper' Notice,

and offered £500 compensation for the stress.

They admitted the May 2009 Notice was confusing....

The 3 CRAs have confirmed they will investigate the matter.

 

We never received a notice in March 2010.

 

Is there anyway we can formally complain to have the default backdated to May 2009?

We have the copy of that 'confusing' notice from Mercers

And how on Earth can Cabot just flippantly record a default dated February 2015..?

 

Any help greatly appreciated as we are at our wits end with this...

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I would suggest the cabot default is an update?

 

 

might be a worthy exercise to send cabot the mercers DN from 2009

and ask them to place the default on the correct date?

 

 

that might work.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would suggest the cabot default is an update?

 

 

might be a worthy exercise to send cabot the mercers DN from 2009

and ask them to place the default on the correct date?

 

 

that might work.

 

 

dx

 

Hi DX,

 

That's what we did last week with BC and their response was that the May 2009 was not a proper DN but they will stand by one they sent in March 2010.... we never received one in March 2010 :-(

 

The February 2015 default from Cabot was purely a reaction to our complaint. We have NEVER even received any correspondence from Cabot in their entire involvement with the debt.

 

We've even said to BC we don't want their money, just backdate to May 2009 when we received what we were lead to believe was a DN. Had we known that we had not defaulted we probably wouldn't have added it to the DMP, but it was a case of 'well they've done it now, so just add it in...'

My wife got back in touch with BC on Friday to elevate the complaint to a Line Manager after eharing their March 2010/£500 compensation decision and we have been told she will speak to Cabot tomorrow and get back to us.

 

Would a complaint to the BC CEO do us any favours in the meantime?

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Yes , yes it would work as Cabot are now responsible for that default. If you send the letter stating the correct default notice date then they should change it.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Yes , yes it would work as Cabot are now responsible for that default. If you send the letter stating the correct default notice date then they should change it.

 

Do you mean a letter to the CEO of Barclaycard?

 

I only suggested this method as I did it myself to BT CEO recently and got a super fast response from the Executive Level Complaints Department.

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No no ... Cabot have taken over the reporting of the account correct?

 

Yes, but we have had to go back to Barclaycard as the original lender as it was their recordings that were incorrect.

 

The Line Manager at Barclaycard has told my wife that whatever they change the Default date to that Cabot will have to follow suit.

 

Do you think we need to make contact with Cabot as well? This account has been recorded on her Credit Reports incorrectly from day one by both parties...

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forget what you have tried before

 

 

write a letter to cabot

demand the defaulted date is changed to the correct date

as of the DN included from mercers.

[send them a copy of the DN too]

 

 

give them 14 days.

 

 

don't mention anything about anything else you've tried

 

 

keep the letter short a simple.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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forget what you have tried before

 

 

write a letter to cabot

demand the defaulted date is changed to the correct date

as of the DN included from mercers.

[send them a copy of the DN too]

 

 

give them 14 days.

 

 

don't mention anything about anything else you've tried

 

 

keep the letter short a simple.

 

 

dx

 

Yes short and sweet is best. Once Cabot purchase the debt, they are solely responsible for keeping the account updated.

Send the letter and a copy of the Default Notice as is.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Yes short and sweet is best. Once Cabot purchase the debt, they are solely responsible for keeping the account updated.

Send the letter and a copy of the Default Notice as is.

 

Are they also obliged to send a DN before recording a Default?

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Hi EB,

 

I see no reason to turn down the offer of £500 compo. It should affect nothing.

 

Seek the result you want about CRA data being amended date-wise, regardless of the £500.

 

:-)

We could do with some help from you

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yea don't miss the £500:lol:

but don't they them you are going to cabot too..

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Haha... I wouldnt turn £500 down! That's some good dough for a complaint.

Lets hope that they are sending a cheque and not try to send it direct to Cabot. It could be bad if they do that, might reset the SB clock.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Haha... I wouldnt turn £500 down! That's some good dough for a complaint.

Lets hope that they are sending a cheque and not try to send it direct to Cabot. It could be bad if they do that, might reset the SB clock.

 

Agreed, but we have told them to keep their money and just backdate the default to May 2009 when they issued the dodgy DN.... That would remove the account completely which is worth a lot more than £500 to us.

 

The debt itself including all of the charges is less than the £500 they are offering....

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NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO! Take IT!!!! Dont turn it down! !!!

The debt will go and youll have an extra £500 to spend!!! Why turn it down?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO! Take IT!!!! Dont turn it down! !!!

The debt will go and youll have an extra £500 to spend!!! Why turn it down?

 

Lets be honest they should be removing the account AND giving us £500 compensation for the underhand tactics they've used...

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Who added these charges and when (your 1st post). If they've been added without periodic statements and arrears notices then they are unenforceable.

 

I'll need to check with my wife when she comes in but I'm certain it was Barclaycard that added the charges before the account was passed to Cabot. Not sure if she has statements but will find out in next 20 minutes.

 

Its the fact that we definitely did not receive a DN in March 2010 which is the date that Barclaycard are wanting to backdate to that's got us bemused...

 

Surely if they have been naughty by inventing Mercers and sending out fake letters they should have to stand by the DN that they used under that guise..? My wife had two separate Barclaycard advisors tell her last week that the DN's from Mercers were very confusing....

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Haha... I wouldnt turn £500 down! That's some good dough for a complaint.

Lets hope that they are sending a cheque and not try to send it direct to Cabot. It could be bad if they do that, might reset the SB clock.

 

 

they cant send it to cabot.

 

 

and it can never reset the SB clock

its not a payment from the 'debtor'

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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