Cabot stalling CCA request

[medion]

I've been looking through this forum and a couple of others for some information and thought that I may as well ask for some advise on what I should do next.

Cabot starting contacting me about 5 months ago regarding a credit card debt which I know the last payment from me was about Dec 03 and which I'm sure will be stat barred now. I ignored the first 4 letters as they slowly turned up the threats but caved in when they got to the "proceed with legal actions ... CCJ etc" stage.

Another default from 2004 which I paid in full in 2007 has only just dropped off my credit report and I don't want my credit history messed up again so I sent them the request for credit agreement, statement of account and notice of assignment along with my £1 postal order.

They replied thanking me for my payment and offering a settlement figure. I responded by sending a letter reminding them that the £1 was fee payable for an information request and not a payment towards any debt and gave them 2 weeks to rectify the account balance and comply with my request.

They have subsequently adjusted the balance and sent me a cheque for £1.

Their lastest letter however has thrown me and I know its a stalling tactic but in light of the changes to the old 12 days + 1 month account in default nothing can happen rule, what is the worst they can do?

Letters says:

"blah blah ... original lender experiencing delay retrieving info ... blah blah "

" We are still able to report to the Credit Reference Bureuax regarding the status of your account "

Are they able to list a default if they don't have any documents?

If they did, would I have any legal rights to pursue for damages to my credit rating, defirmation of character etc?

Basically I want to reply to them advising that I will not be entering into kind of payment arrangement with them until they can prove a legally enforceable debt exists and that I am the debtor. And that if they do take any actions against me (without providing proof of debt) that adversly affects my credit worthiness then I will take legal action against them.

I have never acknowledged any debt to them and they have never confirmed that I am the debtor they seek (which I think they have broken the privacy and or data protection act) although I'm not pointing this out to them.

Do I raise to this new threat and respond or ignore them until they send the info?

[Curlyben]

Re: Cabot stalling CCA request

TBH, until they comply with your lawful request you have nothing further to say to them.

They might report a default to the CRA's, but if they haven't done so already it's unlikely they actually will.

Now, admittedly, I would of done this slightly differently and fired off a simple Prove It before wading in with a CCA, but there you go.
I have good results with this approach, even with Cabot

[Caspar]

Re: Cabot stalling CCA request

This sounds likethe sort of thing your after?



The Data Controller
Name of company

Notice Pursuant to Section 10, Data Protection Act 1998

Account No: xxxxxxxx

Dear Sir,

Take notice that I require you to cease entirely from processing, or else that you do not begin to process, any personal data of which I am the subject within 28 days of the receipt by you of this notice.

This includes particularly, but is not limited to, any processing involving the communication or passing of personal data of which I am the subject to any third party insofar as the said data relates wholly or in part to any alleged agreement between us.

This Notice is given on the ground that there is no signed agreement in existence that entitles you to process my personal data. If it is your contention that such an agreement exsists then I request that you supply me with a copy of the signed agreement as I am of the belief that no such signed agreement exists. Without this signed agreement you cannot process my data as I have not given my consent.

Further, the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or distress to me in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the first, fourth and sixth principles of the Data Protection Act 1998 to do so would be unwarranted.

If you fail to respond to this notice within the prescribed timescale I will make an application to the court under Section 10(4) Data Protection Act that you be ordered to comply with this notice.

[medion]

Re: Cabot stalling CCA request

Thanks Guys

I think I'll sit back and wait for their next move, if they start towards the default I think I'll use the Data Protection letter.

[GJC53]

Re: Cabot stalling CCA request

I have the same problem with these people. Sent of standard letter to them in 2010, heard nothing for months, then this week get letter back saying they are waiting for Barclays to supply information?

Also enclosed were 2 pages of payments/debits payed by direct debit on the account, that a 5 yr old could of knocked up on any computer. The great thing is in at least 2/3 yrs of the so called payment dates i had no bank account with any bank only a Post Office one. As this is so obvious a forgery, I would love to see how they now proceed? Not one bit worried bout these people as have seen off most of the DCA's mentioned in these forums, with a lot of help from this site.

Im just going to sit back now and see what happens next.

[Knightron]

Re: Cabot stalling CCA request

Post deleted By Knightron..as inappropriate

[lifeisagift017]

Re: Cabot stalling CCA request

The alternative is to contact them by telephone as its a call centre that runs the majority of their business things will get done quicker. Cabot are a debt purchase company therefor can put a default on your credit file and potentially the reason for taking so long for the ccs is because they have to find archived documents. Another plausible way forward would be to phone in and ask for the stat barred date if it is stat barred say you know it is stat barred and want it moved to uncollectable!

[Angry Cat]

Re: Cabot stalling CCA request

The alternative is to contact them by telephone as its a call centre that runs the majority of their business things will get done quicker. Cabot are a debt purchase company therefor can put a default on your credit file and potentially the reason for taking so long for the ccs is because they have to find archived documents. Another plausible way forward would be to phone in and ask for the stat barred date if it is stat barred say you know it is stat barred and want it moved to uncollectable!

Never speak to a DCA firm on the telephone!

Please, keep all communications to the written word; snail mail.
Send by recorded delivery;
keep copies.