Cabot Chasing for Someone Else's Dept!

[CalamityJane]

Hi all, I hope someone can lend some advise on my current situation.

For around 6 months now, I have been persistently chased by a company called Cabot Financial for a dept that doesn't belong to me. A mistake seems to have been made and whoever truly owes them has the same name as me but a different DOB. The original dept was with Vanquis and is for £880.

I firstly sent them a 'Prove it letter' advising that this was not my debt. They sent a letter back advising that they were looking in to it and put the account on hold. I received nothing from Cabot but instead started receiving letters from a company called FIRE on Cabot's behalf, demanding payment. I sent another letter to FIRE, to which I have received another letter from Cabot accompanied by a letter from Vanquis advising that this debt was applied for online and that they are unable to forward a "hard copy" of the application! They have also sent a statement which is alien to me, but nothing else, just requesting I call them or they will hand the account back to their Customer Operations Dept after 21 days. They are only sending letters, so there is no way I'm going to give them a call.

If anyone can give some guidance on how I can move forward from this then it would be greatly appreciated. :tinysmile_grin_t:

[EXC]

Re: Cabot Chasing for Someone Else's Dept!

Do you know what kind of debt they are claiming it is ie credit card or loan?

[CalamityJane]

Re: Cabot Chasing for Someone Else's Dept!

The letter sent from Vanquis states that this was for one of their cards.

[EXC]

Re: Cabot Chasing for Someone Else's Dept!

When you say you sent a 'prove it' letter, was it a formal CCA request?

If not that's what you need to do - see here http://www.legalbeagles.info/forums/...y-of-Agreement

[CalamityJane]

Re: Cabot Chasing for Someone Else's Dept!

When you say you sent a 'prove it' letter, was it a formal CCA request?

If not that's what you need to do - see here http://www.legalbeagles.info/forums/...y-of-Agreement

Thank you for that. Both examples of the letter in that link state 'my' credit agreement etc. Is this really a letter a should be sending considering this is not my dept?

[EXC]

Re: Cabot Chasing for Someone Else's Dept!

I would amend where it says ''copy of my [or] our Consumer Credit Agreement'' to ''copy of the Credit Agreement''.

Although strictly speaking only the debtor can request their own credit agreement under CCA, both Cabot and FIRE haven't complied with your reasonable 'prove it request' so the worst (and best) that can happen is that they refuse on account that it's not your debt.

[dogtired]

Re: Cabot Chasing for Someone Else's Dept!

" Fire" is part of the same group as Cabot.

[enquirer]

Re: Cabot Chasing for Someone Else's Dept!

Have they sent you a document which gives the other persons date of birth?

If so, then you have immediate proof that they have the wrong person. Write to them, reminding them of their responsibilities under the Data Protection Act 1998. Their database is incorrect, and they are sending you confidential correspondence intended for another.

They must correct their database and cease sending you letters. If they continue, now that they are aware of their error, they will be committing an offence.

Do not give your date of birth or send them a copy of your birth certificate.

[bluebottle]

Re: Cabot Chasing for Someone Else's Dept!

It sounds like Crackpot are using scatter-gunning, a tactic that breaches Debt Collection Guidelines. You might wish to mention this to the Financial Conduct Authority (FCA) whom I am sure will be happy to hear from you. Though I doubt very much Crackpot will be too happy to hear from the FCA.