Right, what is my next moved regarding Cabot.
Cabot Help, Wont Give up
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Does the Cabot SAR stuff show when they bought the debt ? Anything on the correspondence you had with the previous dcas? Apex etc? Anything that shows how this ended up with your signature on and the debt being chased despite you never having held an M&S account ?
You need to send M&S a SAR and follow it through to the ICO if necessary. Did you actually send it in writing and did they respond in writing to go to Cabot ? If they did they must hold some data in order to know it went to Cabot. If they hold nothing they should confirm in writing that they hold nothing and that assists your defence if it goes to court at any point.
Re Cabot you are still seeing if they respond to your letter. You can chase them if you want ? You did ask them to reply and it has been a month now.
so just a brief letter asking for their reply would be fineI await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed and I shall not be hearing from you further.
I look forward to your early reply.
#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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The SAR should be entirely separate - see if /what they reply to the June 10th letter.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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Defend the claim.
#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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They are in breach of the Data Protection Act 2018 and you should report them to the Information Commissioners Office, they can't refuse an SAR unless under certain circumstances and as this is the first time you have asked them for it those don't apply.Originally posted by richie0522 View PostM&S told me to go to Cabot and refuse to offer anything.
Have they provided a copy of the Notice of Assignment from M&S to them, just one from them informing you they now own it or both?Originally posted by richie0522 View PostThe above letter is the reply from the 21st May letter I sent to Cabot.
They have not replied to my 10th June 2019 letter, and I feel they do not need to as they believe they are supplied enough information.
What is your take on this.
This will be my last postCOMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
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Through the entire thread you have stated that you never had an account with Marks & Spencer's. If that position has now changed then so will the advice. You don't have a reply to the 10th of June letter and you haven't pushed Marks and Spencers for a proper response to your subject access request.
If you never had a Marks & Spencer's account then continue defending the claim, if you did have Marks & Spencer's account then it is likely you will have to pay it. We can only support you based on the information that you give us.
If it is the case that you never had Marks & Spencer's account then go through that transaction list and write down where you were at the time of various transactions to show that you couldn't have made them. Also gather evidence of your address to show that you couldn't of applied for it at the address shown nor had statement sent to the address on the statements.
The address is showing on your Marks & Spencer's terms and conditions and it is an address in Germany which is where you said you were at the time ( I have now edited it for you for your privacy). Have you given that address to Marks & Spencer or Cabot during your arguments about the debt ?
The credit agreement looks compliant to me.
Are there any payments shown on the transaction lists or statements? If there are you could ask them for details of where the payments were made from to further prove that it wasn't your account.
Best of luck dealing with it#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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