Cabot placed default on file for old overdraft

mrargh

Hi,

Hope this is the right place for this.

I had an old overdraft with Lloyds TSB many moons ago that I, stupidly, walked away from. The last time I used the current account was back in 2004 (as that's when my debit card expired and they, unsuprisingly, didn't give me another one).

Cabot recently contacted me about the debt, saying they'd purchased it. Since it was so long ago I sent the standard Statute Barred letter. I heard back from them that they were checking with Lloyds TSB and would get back to me.

Well, today they did and they said that I allegedly last used the account in mid 2008 to make a payment and that it was defaulted in mid 2009. Now, since I didn't have any way to make a payment via card, and didn't log in to online banking once after 2004 I find this hard to believe, but, alas they've now gone and put a massive default on my credit file (checked with Noddle) which I was in the process of building up. It's also linked the last address where I had correspondence with Lloyds TSB, despite me not living there for well over 6 years - is that usual and allowed?

So ... my question is, where do I take it from here? There is no detail of the payment, how it was made etc., should I press them for that, or is there another course of action I should take?

Is it normal for a current account that was near its overdraft limit back in 2004 to continue ticking over until 2008 and only be defaulted in 2009? That doesn't sound particularly plausable to me ... what do others think?

Worst case and the dates are accurate, would Cabot be able to remove the default with a full and final?

Thanks in advance for any help!

Stewart_78

I would go to Lloyds for a subject access request which will tell you what the payment was without you admitting any liability. First of all you need to find out what the alleged payment was.

rizla_king

Ah, the classic fake payment and dodgy default date scam from a debt collector. Odds are they can't prove either.

mrargh

Just spoken to National Debtline too and they recommended writing asking for the evidence the payment was made. Do you think it's worth doing both the SAR *and* asking them for evidence in parallel?

Edit: Also, any idea on the adding the address I haven't lived at since early 2005 as a linked address?

rizla_king

Up to you. Could tell them that you are prepared to SAR them if necessary?

Cabot are a slippery bunch of ****ers.

The Financial Ombudsman released some statistics the other day, and Cabot are responsible for more complaints to them than any other debt collector in the country.

Stewart_78

I'm dealing with Cabot at the moment and they are delaying and p'ing about as much as they can. Unfortunately the debt they bought was a 90's Barclaycard so little chance they can enforce it. If they don't fix my file in the next 2 months I'm going to CCA them and probably dispute the debt.

mrargh

rizla_king wrote: »

Up to you. Could tell them that you are prepared to SAR them if necessary?

Cabot are a slippery bunch of ****ers.

The Financial Ombudsman released some statistics the other day, and Cabot are responsible for more complaints to them than any other debt collector in the country.

Yeah, I'd read something similar.

So, I should be SARing cabot rather than Lloyds TSB?

Stewart_78

I think SAR LLoyds. Cabot will only waste your time.

mrargh

Just to double check ... what should I be asking for in the SAR?

A list of transactions and charges would be one, but I've seen things on the template letter about anything that would have required manual intervention, am I correct in thinking that would cover them sending out a letter recalling the overdraft facility, default notice etc.?

Edit: Also - would sending a SAR to Lloyds be seen as acknowledging the debt?

fermi

If me then I think I would write to Cabot, and demand the evidence of the payment they claim and keep the SAR in reserve. No right or wrong way though.

Perhaps make points similar to....

- You deny that any payment they claim took place.
- If they want to continue to reply on such payment being made, then you require that they provide the evidence that they would seek to rely on in court.
- If they fail to supply the evidence, then you will be reporting them to the OFT, and will bring their failure and refusal to the attention of the court in any proceedings.
- You are also making this a formal complaint, so you require a copy of their complaints procedure and a final response to refer to the FOS.

mrargh

Thank you fermi!

Just to double check, sending the SAR to Lloyds in parallel, so that I can try and verify things via a 2nd channel, wouldn't negatively impact me in any way if I did do that though?