Cabot - CCA/Late Default - One for the Pros!

jtr2803

Hi all,

I have just been reading about unenforceability/CCA requests etc. I had a loan with HSBC back in the day that got passed to Metropolitan and then to Cabot which I have been paying as part of my DMP with payplan for some time. I also, earlier this year, got a F&F on a much smaller debt (barclaycard) that is now marked as satisfied, this was also held by Cabot.

I intend to CCA Cabot for the loan but when I checked my credit file I also noticed that they registered defaults on both accounts in 2007. I entered my DMP in Sep 06, I have never defaulted on the agreed payment plan with Cabot so are they able to register a default against me? I would have thought that the only people who could have defaulted me on this basis would have been HSBC/Barclaycard. This is a problem for me as it means that those defaults wont drop off until well into 2013 whilst my Egg ones are 2012.

Aside from the letter requesting a CCA with proof of default (which I never got from Cabot but may have got one from HSBC) I am sure I read in a post by Dark Convict that the OFT have guidelines for reporting defaults in a fair and timely manner - or words to that effect. Is there any other letters I can send in regards to the already settled account? I did speak to them last year about this but the guy on the phone didn't seem to have a clue and just said I could ask for it to be removed, Payplan also said the same thing but that seems farrrrrrr too simple!

I hope someone can help, whilst I fully accept responsibility for the mess I got into I think it is unfair for Cabot to register this default so late on and when I never defaulted on their agreement with me!!!

Thanks in advance for any advice

DarkConvict

You default when you make below your contractual min payments (the original payments), new agreements to pay are informal. Entering a DMP generally means you make 'below' min payments for everything.

The defaults however are usually placed by the original creditor first and then removed with a new updated one with the debt collectors name, the placed/registered dates must never change.
Default notices must be sent first, and this must all be done within 6 months of you defaulting on the account.

NID has some templates - http://forums.moneysavingexpert.com/showpost.html?p=33791363&postcount=3

jtr2803

Thanks for this, I definately never recieved anything from Cabot for the two defaults they registered so am going to start sending some letters!!!

never-in-doubt

I think we've met over here: https://forums.moneysavingexpert.com/discussion/2547331=

Hopefully you should be more wiser now and know what to do?

Best of luck......

jtr2803

never-in-doubt wrote: »

I think we've met over here: https://forums.moneysavingexpert.com/discussion/2547331=

Hopefully you should be more wiser now and know what to do?

Best of luck......

Hi NID, I hope it's not us MSE-ers that keep you up so late!!

Yes, thanks for your (and Dark Convict via PM) advice on this. My worry was that as Cabot themselves registered the default, if I did a prove it on the default to them, they could just magic up a default letter even though I am adamant they never did one.

Going to use the advanced SAR to them and the OC and see what they send.

Thanks again!