Some advice if possible please

[mmhome]

Hi a am a newbie to this site and it makes fascinating reading.
I have recently received a "hello" letter from Cabot advising me my account is overdue. This is the first correspondence i have ever received from Cabot and i am totally unaware what the "account" refers too. I have done a credit check on Experian and see they have put a "defaulted" notice on my C.A. part of my profile referring to a credit card debt. Now I have banked with the same bank, lived at the same address since 2000 and have never received any correspondence from my bank regarding any debt. I have only ever had one credit card, which I still have and which is not in arrears, so I am at a loss to what this is about. Reading through the forum I am unsure whether I should ignore the letter, contact them and ask for a copy of CCA or could anyone offer any advice?

Any advice / help would be appreciated.
Regards

P.S. – I have a copy of the letter I could scan and attach if that helps.

[Curlyben]

Re: Some advice if possible please

Oh deary me, sounds like Cabot have made a serious mistake.
I'd be inclined to throw a Prove It letter at them for starters and see what that gleens.
Check the first link below, post #4.

[mmhome]

Re: Some advice if possible please

Hi Curlyben thanks for the quick reply. I had a look at that template already and was going to use it but i have no idea who the original debt is too and without contacting Cabot i guess i never will. The dates on Experian state
Start date 31/08/2004
Default date 21/04/2010
Date updated 10/05/2011

Regards

[Curlyben]

Re: Some advice if possible please

That being the case a Prove It is the perfect one to send them.
Save the full CCA request for a later date.

[teaboy2]

Re: Some advice if possible please

Yes and along with the prove it letter include a paragraph informing Cabot you have only ever had one credit card, your still using it and your not in arrears on it. Therefore you have no idea as to why they are chasing you for a debt you clearly do not believe is owed by you, also tell them. As such if they do not remove the default that they have placed on your file for a debt that does not belong to you, then you will consider suing them for libel as a result of posting inaccurate and financially deterimental records to your file whilst in clear breach of the data protection act 1998.

Also invoicing them say £100 for stress/anxiety and time spent dealing with this matter wouldn't go a miss either. Also report them to the ICO for recording inaccurate data on your file that clearly should not be there, they will get a nice little fine hopefully.

[mmhome]

Re: Some advice if possible please

I think i have just cracked it. I am self employed and had an account with a local supplier (who has subsequently gone bust) for material. The supplier was in the process of re-structuring their business and they were using a factor (Clydesdale bank) to collect outstanding invoices. There was an error in one of my payments (not sure what it was now) and i received a demand from Clydesdale Bank for payment. I went round to the supplier to question why i had the demand for payment and was advised it was an error. I paid my account in full there and then with the supplier and asked for a letter of confirmation that my account was paid in full, which i received, and requested the supplier contact Clydesdale Bank and clear up the error. I heard no more about it but i am sure this is what the Cabot letter is all about.

Regards

P.S - I still have the letter from the supplier.

[teaboy2]

Re: Some advice if possible please

Send Capbot a photocopy of the letter and still tell them if they do not remove the libellous inaccurate defaults from your credit file you will sue them for libel and financial deteriment. Basically those defaults can stop you getting credit and these muppets are notorious for refusing to remove them.

Also if the supplier was using factoring services then all invoices are transferred to the creditor providing the factoring who pay the supplier a percentage of the total invoice value minus their percentage fee and VAT. So the amount you paid to the supplier should really have been paid to the creditor (clydesdale) the supplier had a legal obligation to forward such payment to the creditor providing the factoring service. Clearly they did not!

[mmhome]

Re: Some advice if possible please

Thanks Teaboy2. I can remember at the time the supplier could not explain why my account had ended up in arrears. I spoke to the supplier a number of times and they had been trying to get the situation sorted out but were not having much success with Clysdale Bank, hence the reason i asked for the letter when i paid up the account.

Regards

[teaboy2]

Re: Some advice if possible please

If i was you i would also contact clysdale bank at tell them you have a written letter from the original supplier that you had indeed paid in full what was owed on the account. Therefore you are not a debtor and nor are you the one owing them money but more importantly you will not tolerate the DCA's placing of a inaccurate and libellous default on your credit file, or the the banks breach of the data protection act 1998 (e.g. processing and passing on inaccurate data)

[mmhome]

Re: Some advice if possible please

Hello again guys sorry i have not been online for a while its been manic. Anyhow just to give you all a wee update.....i posted a prove it letter yesterday and guess what came in the mail today yes another letter from cabot. Obviously this letter has nothing to do with my prove it request but it does have more detail on it. Apparently the debt is owed to a Capital One credit card, which as i said before, i have never had a CC except with one lender who i am still with and the account is up to date. Do you guys think this is a case of mistaken identity and they are just on a fishing exercise for people with the same name as the defaulter ? I am unsure now whether to wait and see if they respond to the prove it letter or just send them a warning letter about having the wrong person and to sod off... Any advice would be appreciated again guys.

[labman]

Re: Some advice if possible please

To a large extent both will serve the same purpose. If there's no debt, they can't prove it so you ignore everything until they do (never) so it dies. A sod off letter will also possibly make them go away. A third alternative is to ignore everything safe in the knowledge that you owe nothing, and save your money.

[teaboy2]

Re: Some advice if possible please

Don't forget to make sure they remove the libellous default they have placed on your credit file!

[mmhome]

Re: Some advice if possible please

Thanks for the info guys. Teaboy2 do you think i would be better to wait and see what the reply to my prove it request is or just tell them to get the default removed from my credit rating ASAP or i will take further action ?

Regards

[teaboy2]

Re: Some advice if possible please

It sup to you, though it would be interesting to see what proof they have, but i suspect they will merely state you owed the debt to capital one and not really send you anything that would actually prove it.

[labman]

Re: Some advice if possible please

Be prepared for a battle in getting the default removed - it's not usually easy.