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Are Cabot taking the P?

I started a DMP in 2010 when it all went wrong. All my creditors except BC defaulted the accounts and are now (or the DCA's they sold to) happily accepting my best efforts to pay it off. BC did the old AP trick on my file so I complained earlier in 2013. They relented and added a default to my file dated late 2010. So far so good as this matches all the other bad accounts I have on there. So, in 2016, they all fall off.

The catch is that in 2011 Cabot had bought the BC debt and created a new record in my file with green AP markers. At the time this matched the BC record. But since then BC have changed their closed account records to reflect the default in 2010.

I had to lower my DMP payment slightly in early 2013 and this led to Cabot putting late markers on and eventually a default as of June this year. Even though they had accepted the new payment through payplan.

Anyway, I know they are doing the wrong thing and have written to them twice to request that they update the record so that it states a default date of 2010, as the original debt does. I know they are not allowed to add a second default and have told them this.

Their answer on both occasions, and this has been since July 2013 is that they are waiting for BC to reply to their enquiries re. the changed record. Until then they cannot do anything.

So, question. Can Cabot look at my credit file, see the closed BC account they bought and see that it has been updated to default in 2010? Do they really have to wait for BC to get back to them? If so, is 4 months not enough time?

I'm starting to get cross now. I feel they are fobbing me off. This is a mid 90's card account which I suspect is totally unenforceable.

My next course of actions is?

1. Final threat letter demanding they update within certain period or complaint to ICO / FSO.
2. Complain anyway and CCA them to boot.
3. Wait a bit longer

Or is there another option? This is a biggish debt and I am fully aware that in all likelihood I could stroll off into the sunset without paying it should I be so minded. Why are they playing that game?

I'm in no huge rush, my file is trashed until 2016 and I know they can't get away with this forever. But I don't muck them around and I expect the same in return.

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    If they look at your credit file they see an anonymised version, so it would probably be fairly difficult for them to check it and see the BC entry and then agree to change it.

    Do you have anything in writing from BC that says they agree it is incorrect and will change it? could you try sending that to cabot.

    Aside from that I would do a formal complaint final letter that they correct within a given timeframeor you will go to the ICO/FOS. 4months is more than enough time for them to have sorted this.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Thanks Tixy, that's a great idea. I do have the letter from BC so will send it on. I will also give them a deadline.
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