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Good Afternoon

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  • #1

    Good Afternoon

    Good Afternoon, found this wonderful site after using a very well known search engine while trying to find out some information about Cabot. I see that from my browsing that they are very much loved and respected on LB. I'm hoping that I may get some information which may aid in spreading this affection, so as to avoid a lovers tiff. The story is long....

    Back in 1999 I did have some financial problems, my wife & I employed the services of Eurodebt (please don't shoot me, am older, wiser and now have access to the internet) to resolve our issues.

    One of the creditors was Barclaycard and I set up a payment plan via Eurodebt of £25.00 per month on a debt of £1373.22.

    In 2003 my wife & I separated and all financial settlements were resolved in 2005 including all outstanding debts. All was fine until June 2005 when I was told that the debt had been passed over to Cabot.

    I have always stated in writing that I do not accept or acknowledge this debt and have requested from the first letter written evidence of any paperwork involved which they still cannot supply. I do know according to Cabot that Barclaycard received the last recorded payment in July 1999.

    I have just applied to change my mortgage as I am with Northern Rock and find that Cabot have put a default notice on record. Having read some of the forums I believe that they are in breach of OFT guidelines and that the debt is statute barred.

    I have written to Cabot requesting that they remove the default or I will start legal proceedings and have also sent copies of all correspondence to The Financial Ombusman & the OFT.

    My question is can I get the Default removed and how quickly?

    Kind Regards
    Tags: None
  • #2
    Re: Good Afternoon

    Welcome to LB

    If everything is as you say then the default will drop off automatically in June of this year anyway. The debt becomes statute barred after 6 years and the entry on a CRF can only remain for 6 years if you have paid anything or acknolwedged the debt in the mean time. You are in for a real battle over a default removal. There a number of threads here on LB which are worth reading, try looking up members diddydicky and basa48. There is a lot of woffle from others but these guys are probably about the most in depth on this subject.

    regards
    Garlok.

    Comment

    • #3
      Re: Good Afternoon

      Hi Garlok

      Thank you for the reply I will certainly look up the 2 members mentioned.
      I have never paid a penny to Cabot and have written evidence from day one that I have not acknowledged the debt.

      Regards
      John

      Comment

      • #4
        Re: Good Afternoon

        I would suggest that in that case Cabot know they don't have leg to stand on and have done that out of spite. They're pretty aggressive normally. The other option to start things moving is to write to the data controller at the credit reference agency as they are no allowed to process incorrect data. (Data Protection Act).

        Theres also quite a bit about Cabot in the forums as well which might give you more background and another forum they actually a "Cabot Fan Club" Andrew1 on here was founder member.

        As I said its normally a battle over defaults but some have had success.

        regards
        Garlok

        Comment

        • #5
          Re: Good Afternoon

          Thank you again.

          A quick question, how do I search for users? Is it as simple as using the search box?

          Kind Regards

          John

          Comment

          • #6
            Re: Good Afternoon

            Yep John,

            use the advanced search and you should be able to find almost anything you want.

            regards
            Garlok

            Comment

            • #7
              Re: Good Afternoon

              Strangely enough I cam across this document this afternoon. I may have got it from here or it may be from elsewhere on the internet. Apologies to whoever is the source, but I can't acknowledge you as I don't know who you are. It may be of use.

              Comment

              • #8
                Re: Good Afternoon

                Thank you Casper it's certainly worth a try.

                Comment

                • #9
                  Re: Good Afternoon

                  I have had the following response to my letter of complaint from Cabot.

                  I regret that you have felt to complain to Cabot Financial (Europe) Ltd (Cabot) & apologise for any inconvience that you may have experienced in relation to this matter.

                  I understand that you believe that Cabot is in breach of Section 78 of the Consumer Credit Act 1974 (CCA). You also state that Cabot has failed to advise you of your rights and continued to apply charges to an account which is in dispute.

                  I have investigated all actions relating to your account, dating back to when we purchased t from Barclaycard on the 27th May 2005. Having reviewed this information, it is clear that you have at no time, requested any documentation in accordance with Section 78 of the CCA. However the correspondence you have sent to us repeatedly indicates that you settled this account with a company called Eurodebt.

                  It is evident from our responses to your letters that we have acknowledged your dispute, investigated and responded accordingly. I have enclosed for your ease of reference, copies of all letters sent to you in relation to your dispute. It is the case that despite having provided you with confirmation that your last payment was made in July 1999, which concurred with information provided by you and concluded that your account had nit been settled, you have failed to come to a repayment arrangement with us.

                  In light of the above we strongly refute your allegation that Cabot is in breach on section 78 of the CCA and would ask that you confirm by return in the form of a written request, if you wish us to retrieve the relevant documentation from your original lender.

                  As you can see from the enclosed correspondence, Cabot has at all times provided adequate relevant and informative replies to your letters and we do not understand the basis upon which you believe that we have failed to advise you of your rights. Furthermore I confirm that Cabot does not apply charges to our customers accounts. What has been applied to your account is interestm in accordance with the terms of your agreement.

                  However we acknowledge that you have raised a dispute with us and this has been outstanding sunce 2005. As such I have arranged with our Underwriters that the interest has been applied incorrectly shall be written off. As such I can confirm the balance currently outstanding on your account is £1373.32.

                  In the event you maintain that you have settled this account, please provide evidence in the form of a confirmation letter from Barclaycard that you have settled the full balance of the account. Alternative, taking into consideration the explanation I have set out above, I would recommend you contact our Collections department within the next 14 days to discuss the options available to you in order to repay the outstanding balance on your account. Failing which we will have not alternative than to return your account to our collections department.

                  I trust I have set our position clearly. However if you remain disasatisified with our final response, you may bring the complaint to the FOS within 6 months of this letter, who may investigate the same.

                  A few questions / comments.

                  1. The debt is statute barred as of the 14th June 2011 so do I ignore this letter.
                  2. I have already written to the FOS and the Trading Standards and Information Comm.
                  3. Until I joined this site I had never heard of the CCA
                  4. Have constantly denied the account.
                  5. They have never told me anything apart from that they could never get the papers from Barclaycard.

                  In a nut shell what do I do now?

                  Comment

                  • #10
                    Re: Good Afternoon

                    Wait until 15 June before writing to those idiots to tell them it is now statute barred?

                    Comment

                    • #11
                      Re: Good Afternoon

                      Its now the 16th and I have checked my credit record and the default is still on there. How long before it drops off?
                      Also had a letter from the OFT advising that if I wanted my complaint to go further I need to sign and return their letter. Do I do that or do I wait until the default is off my file?

                      Comment

                      • #12
                        Re: Good Afternoon

                        Your OFT complaint should make absolutely no difference to the default coming off whatsoever. Send in the complaint.

                        As for the default, I think it comes off the month AFTER the date of the actual default (I may be wrong) but defo check again in a few weeks' time.

                        Comment

                        • #13
                          Re: Good Afternoon

                          Thank you for the quick response. Will let you know the outcome.

                          Comment

                          • #14
                            Re: Good Afternoon

                            Congrats on the default maturing BTW. make sure you don't get any more!

                            Comment

                            • #15
                              Re: Good Afternoon

                              Thanks. Never had one before. This is down to a certain DCA being a pain in the backside. So glad I kept my letters. This default is preventing me getting a mortgage. I know after talking to my bank that this has been done since 2010, as I took a loan out with the bank and had no problem.
                              Have just spoken to Equifax and they have advised that the default comes off on the 21/6 :tinysmile_grin_t:
                              Looking at my report, the default date was the 14/6/05 but the start date is shown as the 7/11/05! Not going to mention anything though.

                              Comment

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