Cabot

ballyclover

Hi Guys


I defaulted on a sainsbury loan, several years ago owning around £9000.

I had an payment agreement with them but they sold the debt on to Cabot who registered a default notice on my credit file, which i think is wrong as i never defaulted with them, sainsbury never registered a default.

Today cabot have asked me to increase my payment.

Reading elsewhere i understand that i can write to Cabot ask for my credit agreement to be sent with in 12 days, or the debt is classed as not being owed or something.

Is this correct?

Really appreciate your opinion and thanks in advance

Tixy

A debt being sold to a debt collector is a classed as an indicator of a default. Yes they can register the default on your credit file.

You may be able to argue to get the default date altered and backdated depending on the date you originally got in to arrears and what date they have used on your file.

Yes you can send a CCA request and ask them for a copy of the agreement. Until they send it to you they cannot enforce the debt. Once they supply you with the CCA (or a reconstituted version of it), even if that is a year down the line, they are then able to resume debt collection activities or enforce the debt by taking court action. Template letter here https://www.nationaldebtline.org/EW/factsheets/Pages/39%20EW%20Credit%20agreements%20-%20getting%20information/Default.aspx

They may be able to supply it straight away, they may write back to say they will request this from sainsbury's and won't chase you for the debt until they have it (or words to that effect). Its possible, although unlikely, that they won't supply it at all.

ballyclover

sorry, I understood that if the agreement was not issued to me with in 12 days then that was the end of the matter.


I have misunderstood the situation, I guess what you are saying is that unless they can provide it they can not enforce collection, but when and if they supply it they can resume collection action at anytime....So may I ask what the 12 day thing is all about then?

Tixy

12 days is the period they have to supply the agreement. If they don't then they cannot enforce the debt after the 12 days until they do supply the agreement.

(Several years ago the rules were different and there was a timescale which if they didn't comply with meant it couldn't be enforced later but the law has since changed (2009 I think from memory)).

sourcrates

Tixy wrote: »

Several years ago the rules were different and there was a timescale which if they didn't comply with meant it couldn't be enforced later but the law has since changed (2009 I think from memory)).

Believe it was 2007 Tixy lixy , how old is the original debt OP ?