Baines & Ernst now CCCS - many debts

[MoonHawk]

They can put details on if you owe money, there does not need to be a CCA for that to be proved. Rememebr no CCA means the debt is not enforeceable, it does not make the debt go away. It still can be proven you owe money.

 

However, I do not believe they can record a default without proving the payment agreements in the contract.

 

Data Protection Technical Guidance (by Information Commissioners Office)

Filing defaults with credit reference agencies

Accuracy of a lender’s default records

39 Records

 

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

Write to them and quote the above and ask them to supply to you the section of a signed contract that outlines when you were in default.

 

Best Wishes

Moonhawk

[ODC]

Where do they get the idea that they do not have to supply an executed CCA. They are demanding money so therfore they would need a CCA to prove a debt. Any company with a bit of sense (That obviously rule Crapbot out) would have proof of a debt before they mention Court Cases and CCJs.

 

Just another standard 2 pages of bulls droppings which when analysed basically admits they are up sh!t creek without a paddle. They have and unenforcable debt and they know it and we all know it now.

 

Time to move on to some other sucker Crapbot

[make them aktiv runners]

It is laughable that they cannot be 100% sure of the purchase date.

[spuddly]

 

there wont be any credit agreement cant they see this...!!! I have already shown them the letter on here??

If I have had a letter from citicards about this account then cabot would have also ??

I need to do something about this and soon .

Please CAGER's any advice would be helpfull at this time as i think they are being... unhelpfull .

[Seahorse]

I think you've got nowhere else to turn except legal action. I'm just starting mine now. Want to share notes?

[MoonHawk]

From CRA Guidelines by Information Commissioners Office

 

Data Protection Technical Guidance

Filing defaults with credit reference agencies

 

39 Records

 

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

Tell them that saying they are owners of the account is not sufficient. Data Protection Act requires that the data be accurate, and according to the Information Commissioners Office'S guidelines (quote the above) they need to show you

1) the clause in an agreement signed by you which you have defaulted.

2) Proof that a default notice was sent. Copy of it is not sufficient, you require proof of postage.

 

Give them a deadline and give them notice under the DPA to amend the data unless they meet the deadline in providing the info. Then go to the ICO.

 

Best Wishes

MoonHawk

[Seahorse]

Waste of time MH. Pointing out the truth to them makes them all huffy and not wanting to talk any more. I get the impression that when it gets to this point, they hope you'll give up and go away.

[MoonHawk]

LMAO @ huffy.

 

May be so Seahorse, but asking them that information and giving them notice, allows you to report them to the ICO. Without that step ICO will not look at the complaint.

 

If you say there was no dafault notice and you have no agreement to know how you defaulted, the onus is now on them to prove otherwise to the ICO.

 

Best Wishes

Moonhawk

[ODC]

And as we all know Cabot wing it to the Courts and then collapse. Legal action is the only action these muppets understand

[elizabeth1]

And as we all know Cabot wing it to the Courts and then collapse. Legal action is the only action these muppets understand

 

Seems this company really has trouble understanding what they are doing?

They really have been winging it for so long that they just have difficulty coming to terms with the fact that we consumers ALSO HAVE RIGHTS!!!

 

They need to forget the stroppy "huffy" stuff and start abiding by the laws - like the rest of us have to. It doesn't matter how "huffy" these people get - they are changing nothing - they need to use their energies a little more positively and be more constructive.

[spuddly]

why oh why dont cabot mention citicards in any of thier letters !!!

are they contacting the same company as me ?

[spuddly]

just found this on my credit report what about all the 'D' s Cabot must be mad with me?

 

[tomterm8]

Ohh... can I suggest that you do a full S.A.R - (Subject Access Request) of the credit agency records, expressly including all data held (not just the content of the credit file) including statements of opinions and include a £10 postal order.

 

They apear to be commiting several breaches of the Data Protection Act, since they expressly state that you defaulted the agreement within 15 days of opening it:)

 

Lyin' beggars:)

[Seahorse]

I'm very confused. There's a payment start date AND a default date of 15th Feb 2002. So what does the start date of 14th April 2004refer to?

 

And why doesn't the payment details below reflect all that?

[elizabeth1]

I'm very confused. There's a payment start date AND a default date of 15th Feb 2002. So what does the start date of 14th April 2004refer to?

 

And why doesn't the payment details below reflect all that?

 

 

I am just guessing BUT...

 

Does it look like they'd set up a repayment account for you with the Apr 2004 date? and somewhere amongst your SAR there maybe is a schedule of repayments and the interest they are adding at the 12% etc..

 

Is that what you are seeing?

[Dibsthefrenchie]

Spuddly, would you mind if I copy and amend one of your letters to Cabot please?, as it's just what I need.

Dibs x

[spuddly]

be my guest and good luck

please tip my scales if I have helped you in any way:D

[Dibsthefrenchie]

Willingly! Thanks Spuddly.

Dibs x

[tomterm8]

I'm very confused. There's a payment start date AND a default date of 15th Feb 2002. So what does the start date of 14th April 2004refer to?

 

And why doesn't the payment details below reflect all that?

 

i would have thought 14th april refers to the day cabot took over the debt.

 

they have defaulted you from the first day of the agreement, which is wrong.

 

That's just my guess , however.