Cabot putting default on my file without proof

elroberto

Quick query.

Cabot have been chasing me for a couple of months over a creditcard debt. I checked my credit report on noddle and could see default notices filling my history going back nearly 6 years.

I sent them a 'prove-it' letter a few months ago. then last week I received a copy of the credit agreement which was from back in 2006, but no actual proof yet of a debt owed on the account which even if there is I suspect would be statute barred at this point.

My question is, given they did not have the proof all these years is there any way I can get them to remove these defaults from my file?

rizla_king

Tell them to provide proof that the account and default are genuine and accurate, otherwise you will be taking the matter to the ICO and FOS.

elroberto

rizla_king wrote: »

Tell them to provide proof that the account and default are genuine and accurate, otherwise you will be taking the matter to the ICO and FOS.

But even if the default is technically accurate (and as I mentioned, I believe it would have already been statute barred.) can they legally make entries to my credit file for years given that they didn't have a signed copy of my credit agreement until last week?

rizla_king

If the original creditor had the right to, and Cabot has bought the legal rights to the debt, then the right to report on your files goes with that sale. Whether they were given a copy of the agreement when they bought it does not change that.

elroberto

Thanks for the information. The default will hit the 6 year period soon as well so any reference of it should drop off. Now just need them to send me the proof of the debt if they have it. And if they do and it was last acknowledged more than 6 years ago then I'll send them a nice statute barred, foxtrot oscar reply.

I'm just looking forward to seeing a nice green credit file.

happy_bunny_2

As said, if they own the account they can issue a default.

Keep a copy of your credit report and make sure they don't change the default date. Not allowed to, but DCAs do.

elroberto

From checking my bank account's old statements I've found that the last payment was on July 31st 07. So it looks as if I have just passed the 6 year period. I'm still waiting for their proof of debt but with this knowledge that it is indeed statute barred what should my next option be.

ALIBOBSY

You can either do a statute barred letter straight away or just wait and see what they come up with.
For me I would see what they come up with as DCA's on the whole are lying threating scumbags who relish kicking people when they are down. so making them spend more time and money on a case is ok by me. i also think i would be seeing what they come up with in case they dispute the final payment date. If they come up with a set of transactions/statements now that show the last payment as July 07 then its harder for them to "invent" an extra payment on the records to extend the 6 years-yes they do, do this. Even seen them add the fee for the "proove it" letter or for a data protection act to the account as though its a payment against the debt rather than a statutory fee.

So I would wait to see if they are collecting up the rope to hang themselves with.

Happy Bunny is quite right DCA's are WELL KNOWN for amending the default dates to get the debt to mess up your credit file again. Happened to me on a statute barred amount a few years ago-in fact this had been settled with a F & F over 6 years before.

Sadly for them I had copies of all the documents and copies of old credit files to get it corrected by the CRA's. The DCA said it was an "admin error" yeah right.

BTW the above is as good a reason as any to keep F & F's forever and keep notes or details of defaults for at least 10 years.

Ali x

CKhalvashi

elroberto wrote: »

From checking my bank account's old statements I've found that the last payment was on July 31st 07. So it looks as if I have just passed the 6 year period. I'm still waiting for their proof of debt but with this knowledge that it is indeed statute barred what should my next option be.

Ping them one of Fermi's Stature Barred letters.

CK