cabot letter need help blood suckers

raincatcher

hi all can any one help me with this i am having trouble understanding
this letter from cabot i sent them two letter and have no proof the debit is mine but there keep chaseing it what do i do next
so there no proof i own but still leaving default on my file how can there company leave lies on credit score data base and no one cares the law need tighting there companys need there license removed.

here copy of letter

I refer to your letter received on 14th December 2010.
　
　
I understand you have made a request for a copy of your credit agreement with Barclaycard ("BC"), the original
lender. However you are still awaiting the relevant information.
We have made several urgent requests to BC to forward any documentation relating to your account to us.
Unfortunately, Cabot financial (europe)-ltd(cabot") has not received this documentation due to a delay in retrieving
this information from their archives. We shall continue to pursue Bc for the required information and on receipt of it
shall be forwarded to you immediately. In the mean time, your account shall remain on hold.
Please be advised, that the failure to provide a copy of your agreement in time does not affect the legality of your
debt with Cabot but merely renders the credit agreement unenforceable until such time the agreement can be
produced.
It has been well established in English Law, that "enforcement" constitutes obtaining judgment at Court. The reporting
of a default entry to the Credit Reference Agencies ("CRAs") or Cabot requesting repayment of your account does
not amount to enforcement. We therefore still recommend that you contact us to make repayments to your account
and upon receipt of the relevant documentation we will supply you with the same.
We also note that you have sent us a Statutory Notice pursuant to section 1 0 of the Data Protection Act 1998 ("DPA")
requesting Cabot to cease storing and processing your personal data.
We must advise you that Cabot is legally entitled and obligated under the original credit agreement which you signed
and entered into with BC, which has been sold to the Cabot Financial Group ("CFG"), and under the Schedule 2
paragraphs 1-4 of the DPA to process and store your information.
As a result, we regret to inform you that we shall continue to process your personal data in order to perform the credit
agreement, which you consented and agreed to. Furthermore, the processing of your information, including providing
details of your credit agreement to the CRAs, is necessary for the legitimate interests pursued by Cabot, the CRAs
and other lenders in the industry to safeguard and ensure responsible lending in the industry.
With regards to your concern regarding the reporting of a default on this account, as you had previously breached
your contractual obligations, with BC for failure to making payments to your credit card agreement, BC reported a
default with the CRAs for the benefit of any other party in the credit industry who would legitimately require accessing
this information, for example responsible lending. On assignment of your account to Cabot Financial (UK) Limited
(formerly Kings Hill (N01) Limited), which was on or around October 2007, we would have an obligation to
continue the reporting of the behaviour of this account to the CRAs in its name. As the default registered has at all
times been accurate, we regrettably cannot and will not remove the same. as set out above upon receipt of information requird under section 77/78 of cca we will write to you again enclosing copies of same order to comply with your request according i trust we have set out are position clearly
yours sincerely
charline mitchell
customer assurance adviser
Registered Office: 1 Kings Hill Avenue, Kings Hill, West Mailing, Kent ME19 4UA
Registered in England and Wales with Company No.3439445
　
　

fermi

Was the debt yours?

They are correct in so far that failure to provide the CCA does not prevent them from reporting the default.

Although BC cannot provide the CCA, presumably they would be able to show that your card spent the money, which was then not paid? If so, then recording a default is not necessarily considered unfair.

PNPSUKNET

get barclaycard to bring the police in, if you claim its not your debt as someone would (you) used the card = fraud if not

raincatcher

as far as i know i have not had bc card and have no info on it i keep asking for proof but no one will provide me with it cabot keep telling me its correct but still no information from them so i dont know what to do as eperain will not remove with out cabot say cabot say its true but cabot cant proved any info and when i spoke to them i was told it was up to me to prove it was not mine and not them to prove i own it

fermi

Well, that is not true. It is up to Cabot/BC to prove you had one and owe the money.

Really you should have probably just disputed the fact that you ever had a BC. A CCA request may be useful as a secondary tool, but the primary thing is to dispute the fact of the debt. In fact, if you contend that you are not the card holder/debtor, then Cabot would be breaching several laws/guidelines if they complied with the request in a way that provides any personal info of the account in question.

So I think you need to stop focusing (if you are) on the lack of compliance with the CCA request, and focus on disputing the debt itself.

You need to give them clear notice that:

- You have NEVER had a BC and are not the debtor they are chasing.
- That if they are are continuing to press for payment on a genuinely disputed account, they are breaching OFT guidelines.
- That if they cannot substantiate the information on your credit file within 28 days, then you expect the false information on your credit file to be removed,
- That you now consider the the matter a formal complaint to be forward to the FOS and expect their final response.
- That unless they remove the false info you will take the matter to the ICO and request that they issue enforcement proceedings against Cabot.
- That you are also considering pursuing Cabot through the courts for an order to remove the false information, and perhaps compensation for defamation.

Interesting thread to look at here:

https://forums.moneysavingexpert.com/discussion/comment/22426711#Comment_22426711

Made national news: http://news.bbc.co.uk/1/hi/programmes/moneybox/8098674.stm

fermi

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment


Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address.

j. requiring an individual to supply information to prove they are not the debtor in question, for example, driving licences, passports, full name, date of birth, signatures

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

raincatcher

thank you all for info i will try that then but i cant see them doing anythink as thea have there own rules

DVardysShadow

I take it you have asked them for proof of the debt. Although they have to prove it if they want to make it stick, you are going about it the wrong way if you don't accept the debt is yours. You should tell them it is not yours and if they come back again, you should tell them again it is not your debt and demand proof. By not denying it, and asking for proof you are leaving them thinking it is your debt and that you are just making them jump through hoops.

raincatcher

Hi all still have not had any joy still have no proof
I have reported them to the ico . I think I done all I can do ive sent 3 letters to them there time has run out on all letters but will not remove default on my credit file
What do I do next it driving mad
How companys can put lie on credit file and no One cares
The law need changing
Ico have not responded yet

Any advise