Cabot Help, Wont Give up

[richie0522]

They have sent transactions list and they was all done they said is when I lived in Bedfordshire.

But the time and date of the theses transactions I actually lived in Germany.

I was in Germany from 2003-2008 and the statements they sent me have all my UK Addresses on since I moved back from Germany.

I have told them all this and the continue with this.

I think they will issue court proceedings.

[richie0522]

They have also stated in there letter that they will not be answering anymore of my concerns because they say they have already answered them

[richie0522]

If they do issue shall I Defend or just give in

[Amethyst]

If you never held any account with M&S then of course you should defend.

The only reason to give in would be if you HAD held an account, did make payments between 2008 and 2016 and were just hoping they couldn't find paperwork to prove it.

[Amethyst]

They have sent transactions list and they was all done they said is when I lived in Bedfordshire.

But the time and date of the theses transactions I actually lived in Germany.

I was in Germany from 2003-2008 and the statements they sent me have all my UK Addresses on since I moved back from Germany.

I have told them all this and the continue with this.

I think they will issue court proceedings.

Ok good, Germany is helpful and presumably easy to evidence. Were the transactions made in store or online? Did you keep an address here while you were in Germany ? Do you think this could have been someone you know ( ie an ID fraud) or whoever took over your Bedfordshire property.

Or is it simply a tracing error ?

[richie0522]

I have never ever held a account with M&S.

[richie0522]

The address they say I was doing the transactions and had this cc was the last address I was at BEFORE moving to Scotland . That cannot be possible because the dates in the statements are when I was in Germany. Theses statement have been altered and they mention this in the letter they sent me and i posted.

[richie0522]

No address here in the uk as the house which I had was supplied by my employer so no id fraud then. This have been going on now for 10 years.

[Amethyst]

Crazy. If you feel that letter means they're not going to respond to your most recent letter we should put a formal complaint together and cc it to the solicitors.

What responses have you had from Marks and Spencer's on the SAR requests ? That can go to the ICO if you have made formal data requests and they have refused to respond.

You certainly shouldn't consider paying something that is simply not your debt.

[richie0522]

I don't know there solicitors has they not appointed anyone as of yet.

As for the letters I have told you that for 10 years they have followed me round and sent letters. They snoop on myself and look at my personal data and with all this I have written many letters and Sars request and still they will not leave me alone.

Now they have magically appeared with all this information and knowing what courts like and DCA I just believe looking at what they got it seems that a judge would award them a CCJ.

[Amethyst]

Just noticed in your previous post you mentioned https://legalbeagles.info/forums/for...18#post1471618

Default noticed sent by M&S in 2017.

Have you a copy of that? ( Was it actually sent by M&S in 2017 or was it something Cabot have sent you with that letter )

and if M&S did issue a DN in 2017 - they'd have it on record and it should be provided under the SAR requests you've made.

Have M&S / HSBC simply refused to comply with the SAR ?


I reckon you can take it to the ombudsman now, as that last letter they sent you does state it is their final response - actually they say they sent their final response in Dec 2018..... if so you need to get a complaint in to the FOS now as its a six month time limit.

[richie0522]

I did not received a default notice, they say they issued one, and anyway M&S was not in contact with me never.

Cabot, Apex, Wescot and many other DCA have sent various Default notices and all got different dates on.

Regarding SAR, yes they have ignore my requests.

I do find the FOS very weak and utter useless aswell.

[Amethyst]

Okay.

Does anything at all show on your credit files ?

Have you already made a complaint to the FOS then ? If so, what did they come back with ?

M&S must, under the Data Protection Act legislation respond to your Subject Access Request. Have you tried speaking to them ? Obviously if no account ever existed with them they will be unable to send documents to you but at least in talking to them you can find out why they haven't responded to you or provided any information.

You should send a SAR to Cabot as well. They seem exceedingly confused - none of their dates match up at all from one letter to the next. Something is definitely wrong in their systems somewhere.

Otherwise it's a case of waiting for them to send it to Nolans ( or whichever solicitor they decide to use ) and then formally request documents and inform them of the issues ( not your account, the agreement doesn't contain your signature, didn't live in the country at the time of transactions, M&S have no record of you, no default notice, conflicting information and dates from Cabot etc ) in one letter that will, basically be a pre-cursor to your defence.

[richie0522]

There was a default on my credit file from 2008 -2014. It was from M&S only found out about it in 2014 when I came back from Germany. I did not check my file at all when I was out of the country, feel the need not to.

When I found out about it it only had 3 more months to run so left it and it fell off and clear since.

All the DCA's was chasing me for this debt since 2009 when I was abroad, when I got a letter I challenge it.

Cabot I find are not willing to listen and does not care until the debt is paid, you owing it or not.

I seem to be going around in circles here and repeating myself a lot.

If and when they do start there court proceedings I will defend. Thanks

[Amethyst]

I think your issues throughout is that you haven't followed through with your complaints - taking it to the ombudsman and to an adjudication should put an end to it. Pushing M&S to comply with your SAR and making a complaint to the ICO if they don't. SAR'ing Cabot to force them to review the full file they have on you. etc.

A complaint about the marker on your credit file back in 2014 would have been sensible. You were away, it wasn't your debt and it wrecked your credit file for that period. I understand it only had a few months to run when you found out about it, but that shows it has been linked to you since the start... and why you have been being chased for it ever since.....the credit file issue also shows the default WAS 2008 so goodness knows where the 2017 date comes from in that last letter ( or any of the other dates tbh ).

It seems like they bug you, you complain and they go quiet for a while then start up again....and round in circles you go.