Cabot Financial playing silly b*ggers

Piggywinkle · 6 November 2017 at 9:07PM

Hi all,
I was discharged in September. However, a few months before, Cabot started to pester me again (they had previously bought 3 of my debts). I have called and emailed them about my BR to no avail so I sent them the letter in the credit clean up thread. They responded to say that they had all three accounts in my maiden name and that they would need to see my original marriage certificate in order to process the data (my BR was in my married name). I had changed my name with my original creditors (Halifax and Barclays) and for some unknown reason, Cabot changed the name on all three accounts back to my maiden name :huh:

I emailed them to say that I was under no obligation to provide this evidence and that they should update my credit records as described in the original letter. They responded to say that they had received my official complaint and it was now going through their complaints procedure, which takes between 8-12 weeks until I would receive a response.

I replied to say that I had not raised an official complaint, (I simply wanted my accounts updating and did not feel that they should have access to my marriage certificate as my original creditors changed the name on my accounts to my married name) but have had no reply since. Is it now time to forward to the OR or the ICO? They're obviously just being pests and dragging things out as long as possible.

sourcrates · 6 November 2017 at 9:20PM

They will treat it as a complaint, and have 8 weeks to give you a final response.

If they have half a brain cell between them, they should find in your favour.

If not, then FOS is the next step.

[Deleted User] · 6 November 2017 at 9:23PM

I think you'd struggle to get anywhere externally without an official complaint.

Did you get married before the bankruptcy? My bankruptcy says "Also known as" due to a name change. If it was after, inform the OR and ask for an update to the Individual Insolvency Register (online website).

Didn't ever deal with Cabot (luckily) but similar 'interesting' DCAs... I found sending a PDF of the IIR website (which lists the discharge date, as well as current & previous name) was enough to make them clear off.

If they still don't, say you want an official complaint and you'll be raising it with the ICO (unfair/unlawful processing of personal data) and also to the Financial Ombudsman Service due to a breach of the TCF regulations.

They know that'll most likely hit them in the pocket, and generally that's enough to get them to comply.

I had 1 creditor which went back and forwards with them/the FOS for 18 months, and they finally gave me £500 compensation as I said I'd push for £1,000 and make another referral to the ICO if they didn't sort it out (following 6 months of inactivity following an FOS ruling in my favour).

Whilst it's annoying, realistically this close to discharge date it's not going to make a great deal of difference if they clean your file now or in 8/12/16 weeks. I got multiple cards despite multiple creditors only sorting themselves out over the last couple of months.

You could add it's caused you "distress & inconvenience" to every letter, and that you want compensation (payable by Cheque, directed to you at your postal address).

Generally the banks in particular are likely to pay out for that - especially as you can also threaten the bank with a referral to the FOS (whatever they try to fob you off with, they have contacts at these useless DCAs and can order them to fix problems as it's affecting their reputation...)

I must've got at least £500 in compo from various banks alone, due to their inability to update/data quality check CRA submissions.

Piggywinkle · 9 November 2017 at 10:21AM

Thanks both - I did get married before BR and my maiden name is shown on the insolvency register, which I included with the credit clean up letter - highlighted! I will follow the very helpful advice you've given me and hopefully move forward. I suppose I wanted it sooner rather than later as my car insurance is up for renewal in December, but I'm pretty sure it's not going to get sorted in time now anyway.

[Deleted User] · 9 November 2017 at 8:51PM

Are you paying monthly for car insurance? In my experience they just soft-search and see Bankruptcy and either don't quote to cover you at all, or quote silly prices.

I can't imagine having it cleaned up or not will have any effect on your premium (as they see Bankruptcy, and that's the major negative) or on their ability to quote you. Likewise if you're paying monthly, the APR is likely to be extortionate whether the file is cleaned up or not!

As you say, it'd be very unlikely to be sorted in time now anyway. I had one creditor I complained too that sent an "express update" to CRAs 3 days later, but that was only because it was part of an ongoing chain of events (complaints!) and they didn't want any further FOS involvement - for a first time complaint sadly it will almost certainly be at least 3/4 weeks before they bother to 'investigate' and reply to you

Piggywinkle · 10 November 2017 at 10:22AM

I got a few provisional online quotes last night, but there are a few other factors apart from the BR that are going to affect my premiums this year (I had a prang in DH's company car as a named driver). Apparently there is a very good broker that has been recommended in our area. I understand that I will be paying a bit of commission on top, but I think that with my specific circumstances, it will probably be worth it for the next 12 months. Thanks for your help.

Cabot Financial playing silly b*ggers

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