**Case Closed** Cabot Calling Me

[CD36]

Re: Cabot Calling Me

Their response so far has been to send another demand-o-gram.
I also note that their original letter was dated last month, so they're either very slack with their mail-shots or there's a more underhand reason for it.

[nemesis45]

Re: Cabot Calling Me

Their response so far has been to send another demand-o-gram.
I also note that their original letter was dated last month, so they're either very slack with their mail-shots or there's a more underhand reason for it.

Hi CD,

The " Threatogaram" machine is on auto I doubt that it has been seen by any Cabot minion before it was sent out.

nem

[CD36]

Re: Cabot Calling Me

Had my weekly letter today, this time confirming that they don't have an agreement and they are requesting it from Barclays.
No response to the fact that it's statute barred. What do I do next?

[nemesis45]

Re: Cabot Calling Me

Wait for them to produce the agreement.

Any response to the SAR?

It is again likely that the "person" dealing with the agreement has no idea that you have stated the claim is SB.

nem

[CD36]

Re: Cabot Calling Me

None so far Nem, apart from a confirmation email when I made the request two weeks ago. What type of request would Cabot make to Barclays? Their letter states it will take up to 40 days for them to respond.

[nemesis45]

Re: Cabot Calling Me

The Cabot letter is a deliberate ploy to extend the time allowed for a CCA request i.e., 12 + 2 Working days, however if they do not comply with the statutory time scale the debt becomes unenforceable until a compliant agreement is produced.
Sometimes it pays to spend another £1 an send a CCA direct to Barclays keeping you ahead of Cabot.

nem

[CD36]

Re: Cabot Calling Me

The 12th day after receipt is during next week, so they don't have much time to produce it now. It's also interesting that they, and not Barclaycard issued the DN in 2007. Would Cabot not have to own the debt and associated agreements to issue one?
With regards to the SB aspect, are they expected to respond to that in a specific way unless they start litigation?

[nemesis45]

Re: Cabot Calling Me

Cabot cannot issue a DN, the account would have been defaulted by Barclays prior to sale, anything else claimed by Cabot to be an effective DN has no merit.

The CCA time scale is 12 + 2 Working Days so Bank Hols and weekends are not counted.

nem

[CD36]

Re: Cabot Calling Me

They received my request on May 5th and I have a screen grab of delivery. So would the 12 working days not start from then?
I've also got a screen grab of two DN issued by Cabot against my credit files in 2007. It lists them by name and address. As stated in 2013 when I started the thread it was issued against an address that I'd left several years earlier and Barclaycard were aware of my current address at that time.

[nemesis45]

Re: Cabot Calling Me

Yes Saturdays and Sundays don't count.

Can we see a redacted copy of each DN please remove account No., name and address. Leave dates please.

nem

[CD36]

Re: Cabot Calling Me

As an update to this. Barclays have responded on day 38 asking me to confirm in writing the address of my local branch. I assume this is a stalling tactic as I already provided this when I made my application.
The ICO have told me as they already hold this information to send a follow-up letter on day 40 allowing 14 days before complaint.
I've not heard anything from Cabot so I'm guessing that they've not had any response to their CCA request to Barclays, and as they allege the account was opened in 1995 how likely is it to exist now?
With regards to posting a copy of the DN I would prefer not to at this stage, as it would be likely to compromise me without removing all relevant details.

[FlamingParrot]

Re: Cabot Calling Me

As an update to this. Barclays have responded on day 38 asking me to confirm in writing the address of my local branch. I assume this is a stalling tactic as I already provided this when I made my application.
The ICO have told me as they already hold this information to send a follow-up letter on day 40 allowing 14 days before complaint.

There's no reason for them to ask you for the address of your local branch, the data would be held in a centralised location. When you get statements they are not issued by your local branch.

I've not heard anything from Cabot so I'm guessing that they've not had any response to their CCA request to Barclays, and as they allege the account was opened in 1995 how likely is it to exist now?

Not very likely, even less so with Barclays. A lot of Barclaycard agreements have been lost, probably in the [in]famous Iron Mountain fire some years ago.

With regards to posting a copy of the DN I would prefer not to at this stage, as it would be likely to compromise me without removing all relevant details.

A defective DN would only come into play if they issued proceedings, it's not something you'd argue about in your letters as you would about not having received your statements via your SAR and/or a copy of the agreement.

For your own records, I would suggest looking at the DN to see whether it was issued by Barclays or by someone else as was the case with someone who recently won in court with a Barclaycard.

[CD36]

Re: Cabot Calling Me

They asked me to provide details of my local branch so I could collect the information in person with proof of identity.
The only record I have of the DN is from Checkmyfile which shows a DN against two credit agencies by Cabot. This dropped off two years ago when I started this thread. I was never certain what they were for until they wrote to me last month regarding Barclaycard. I never received a DN in writing as they were registered at an address I left 5 years before they were issued.

[FlamingParrot]

Re: Cabot Calling Me

They asked me to provide details of my local branch so I could collect the information in person with proof of identity.

Ah, it all makes sense now, that means they must have all the info ready. Did you agree to collect it?

The only record I have of the DN is from Checkmyfile which shows a DN against two credit agencies by Cabot. This dropped off two years ago when I started this thread. I was never certain what they were for until they wrote to me last month regarding Barclaycard. I never received a DN in writing as they were registered at an address I left 5 years before they were issued.

A DN is not the same as a default registered on the CRAs. Those are not relevant for the purpose of enforceability of the account. S.87 of the CCA states the need for the creditor to issue a DN before they are entitled to take action. There is an obligation under the Act to issue a DN and the DN must meet certain requirements. The CCA is not concerned with reporting to the CRAs, the two are separate issues, what you are seeing is a default recorded on your credit file rather than a default notice (DN) issued in accordance with s.87-88 of the CCA: http://www.legislation.gov.uk/ukpga/...efault-notices

[nemesis45]

Re: Cabot Calling Me

As an update to this. Barclays have responded on day 38 asking me to confirm in writing the address of my local branch. I assume this is a stalling tactic as I already provided this when I made my application.
The ICO have told me as they already hold this information to send a follow-up letter on day 40 allowing 14 days before complaint.
I've not heard anything from Cabot so I'm guessing that they've not had any response to their CCA request to Barclays, and as they allege the account was opened in 1995 how likely is it to exist now?
With regards to posting a copy of the DN I would prefer not to at this stage, as it would be likely to compromise me without removing all relevant details.

It is not unusual at all for banks to require a data subject to collect data from a SAR at a branch near to them, ( a Data Controller must ensure that the right data gets to the right person.