Cabot Financial.

November-Man

Morning All,:)

I recently received communications from the above company stating that they had purchased old debts associated with my name.
As instructed i sent them the "prove it " letter and 14day follow-up and have had letters stating that i must pay otherwise it will affect my credit rating, these letters i ignored.
Last night i checked my Experian credit record to find they have now listed these as default agreements with outstanding payments, which to say the least has really p***ed me off , especially as i am about to apply for a realty loan to renovate an old property to spend our retirement living in.
Is there any way that i can get this information removed from my record or does it come under the heading of "tough", spoke with cabot they will not remove it even though they cannot prove it is my debt.
Any assistance would be gratefully received.

Thanx Paul.

fermi

If they are not your debts, then you need to write to Cabot stating that.

- They are not your debts.
- Therefore Cabot are reporting false information on your credit reference files and are in breach of the Data Protection Act.
- That the recording of false defaults is defamation.
- That you require the false information to be removed.
- If it is not then you will (a) take the dispute to the financial ombudsman and ask for reparations and removal; (b) complain to the Information Commissioner of a breach of the DPA.
- You will consider formal action on defamation grounds. Ref: Dr Mike Thompson vs Aktiv Kapital

November-Man

Morning All,
Hope this is the right place to post this query,

I have been in communication with the above Company, who are pursuing me for debt that I do not acknowledge that I owe, one for £2k goes back 13years! the other they state is 8 years old and for £2.5k.

I have requested copies of the original CCA but they have responded by putting these debts on my credit record which has effectively ruined my credit rating.
Are they allowed to do this without having any proof that this debt is mine or can I request that they remove the details until such time as they can provide proof of debt.
Finally, I am thinking of lodging a complaint with Ofcom as I have received 92 telephone calls in 8 days, I assume that I would have a case against them for harassment.
Thanx.

awayinchina

November-Man wrote: »

Morning All,
Hope this is the right place to post this query,

I have been in communication with the above Company, who are pursuing me for debt that I do not acknowledge that I owe, one for £2k goes back 13years! the other they state is 8 years old and for £2.5k.

I have requested copies of the original CCA but they have responded by putting these debts on my credit record which has effectively ruined my credit rating.
Are they allowed to do this without having any proof that this debt is mine or can I request that they remove the details until such time as they can provide proof of debt.
Finally, I am thinking of lodging a complaint with Ofcom as I have received 92 telephone calls in 8 days, I assume that I would have a case against them for harassment.
Thanx.

1) you need to check there are NO CCJ's on the debts
2) if there are no CCJ's and you have not had contact or acknowledged the debts for over 6 years then they should be STATUTE BARRED

If they are statute barred then they have to remove the default and it can be done straight away DO NOT ALLOW THEM to tell you it can take upto 28 days. They would also then be breaking the data protection act in recording inaccurate information and you can take legal action and get compensation. check for CCJ first then contact the DCA as the debts are over 6 years old they CANNOT put a fresh default on your file. Save a screen capture of the defaults and send that to all relevent complaints. Also inform them their actions are fraudulent and you are now taking further actions.

provided there is no CCJ this should be resolved today, do not back down push and keep pushing and even seek legal help and get a solicitors letter and charge them for it.

It might be even worth coping all email contact to all 3 credit reference agencies as they have a legal responsibility to ensure all informations is correct and accurate so you can actually force their hands to remove it. As, if they have been informed the information is inaccurate and maintain the information on the system they too are in breach of the data protection act and quote the data protection act to them.

Good luck

YoYoY

November-Man wrote: »

Morning All,
Hope this is the right place to post this query,

I have been in communication with the above Company, who are pursuing me for debt that I do not acknowledge that I owe, one for £2k goes back 13years! the other they state is 8 years old and for £2.5k.

I have requested copies of the original CCA but they have responded by putting these debts on my credit record which has effectively ruined my credit rating.
Are they allowed to do this without having any proof that this debt is mine or can I request that they remove the details until such time as they can provide proof of debt.
Finally, I am thinking of lodging a complaint with Ofcom as I have received 92 telephone calls in 8 days, I assume that I would have a case against them for harassment.
Thanx.

Applying the debts to your credit cards will not result in itself in a ruined credit rating. In fact if you keep up at least the minimum repayments to the credit card company, it could actually improve your credit rating.

I would suggest you follow the credit card's company complaint procedure if you wish to make a complaint.

Why have you received 92 telephone calls in 8 days??? :huh:
Who are the calls from and what do they want??? :huh:

fermi

YoYoY wrote: »

Applying the debts to your credit cards will not result in itself in a ruined credit rating. In fact if you keep up at least the minimum repayments to the credit card company, it could actually improve your credit rating.

If they are default, which they most likely are if the account is with Cabot. Then that will have a significant adverse effect.

YoYoY wrote: »

I would suggest you follow the credit card's company complaint procedure if you wish to make a complaint.

No. If it's a debt collector chasing you for a debt you don't owe, then it's Cabot's complaints procedure that applies.

fermi

Do you mean requesting the CCA under s77-79 and paying a £1 fee?

If so, then that probably wasn't the wisest thing to do as only the real debtor is entitled to request that, and it tends to give the debt collector the impression that you do owe the debt.

You should have really been disputing outright with recourse to the CCA.

As per this letter: https://forums.moneysavingexpert.com/discussion/2607247

If it's not your debt, then yes you do have a right to demand that they remove it.

If it is your but just statute barred, it depends on the account history as to whether the default is OK.

They can't (read should not) add a new default for an old statute barred debt, but any old one may still stay on file for a short while depending on what happened at the time.

Assuming by "old" you mean that the last time the creditor or debt collector had payment/acknowledgement of the debts were 8-13 years ago, then not only would the debts be statute barred, but adding a recent default would be recording inaccurate/false info on your credit report. Any any old one should have long gone, and cannot be re-added.