Cabot - Halifax overdraft/default removal

[Zanzibar]

Hi there,
l'm new but I thought I would post up a bit of a progress thread with regards to my fight with these clowns in the hope I can share a bit of experience and hopefully given a bit of time, some entertainment. But also request a bit of information should I need it.

So so the story starts with a £1500 overdraft I had when I was a student, I went travelling and forgot about it as such. Anyway to cut a long story short I moved house when I got back and forgot to update my address. Sure enough I start getting letters through from Cabot saying they had bought the debt and demanding money. I pondered paying them for a while then decided that was probably a bit stupid and started my research. I finally settled upon the tried and tested 3 letter method and sent off the first letter, then the second before receiving a standard templated response (scans to follow). I then sent off letter 3 along with a section 10 notice demanding they stop processing my personal data unless they can provide evidence of the alleged debt. I got a standard bull shit response from their in house solicitors, Mortimer Clarke who cited that they would continue to process my personal data as they had a legitimate interest in pursuing the debt, despite their failure to provide any evidence. Today I sent them a response essentially throwing this back in their face and that their claim was bogus and illegitimate, as well as billing them for effectively wasting my time.

It's only a matter of time before they back down, I know this. However, has anyone ever had any success in getting Cabot to remove a default notice from their credit file? I'm prepared to fight tooth and nail and even go to Court if necessary, with a bit of guidance. I'm also a member over at GOODF and these two forums combined are such a powerful resource for the ordinary person.

Regards,
Zanzibar.

[Amethyst]

Re: Cabot - Halifax overdraft/default removal

Welcome, I'm sorry but I don't think you will like my post too much.

Sadly, the 'tried and tested 3 letter method' isn't something we support, I spend far too much time trying to pull people out of the crape after sending these letters, especially when they go and send them to court and try counter claiming for the thousands they have 'invoiced'.

Mortimer Clarke and Cabot do go to court, and when they do send the Letter before action, you will need to quit the billing them for time wasting malarkey and deal with it properly.

You shouldn't have done any damage and they may just tire and pass it on to the next DCA, which is I think what the 3 letter process is meant to effect.

So need to know a bit more, how long ago did you default on the overdraft? And how much is the debt?

[Zanzibar]

Re: Cabot - Halifax overdraft/default removal

Thanks for your advice, much appreciated.

The default shows on my credit file as being registered in September last year, but I've only been in correspondence with Cabot in regards to it since last month. The debt is around £1800.

I was unsure about sending them a bill to be honest, but as I had them in tacit agreement from my third letter and stated in it that I would do so, I felt I should follow through with what I stated I would.

I'm not very old and have just managed to land myself a good job, so want to deal with this in order to be able to get onto the property ladder in a couple of years time.

Again, thanks for your help.

[Amethyst]

Re: Cabot - Halifax overdraft/default removal

You are very welcome xx

It is unlikely you will get this removed from your credit file and You really don't want to get a CCJ as that will really burger up your credit file, as well as possible other repercussions with regards employment if you are looking to work in finance at all.

Cabot will own the debt, so will have bought it from the bank, £1800 isn't a massive amount in the grand scheme of things and if the debt is only a year old you may well be better advised to try and negotiate a full and final settlement or an instalment arrangement with them if you are able, ad avoid the potential CCJ. It really depends on your circumstances.

If it was a 10k loan you defaulted on 5 years ago I'd say different, but as it is an overdraft, not that old and under £2k, and you want to look at buying a house in the next few years, I'd negotiate starting from 40% of the debt, before they do get the court papers sent.

You can have the debt marked as settled then on your credit file, although it will still remain for six years, and will cause problems, they won't be insurmountable as a CCJ would be.

[Amethyst]

Re: Cabot - Halifax overdraft/default removal

If you can post up the last letter you had from them that'd be good and we can help you reply once you decide what you want to do xx

[Zanzibar]

Re: Cabot - Halifax overdraft/default removal

Again, thanks for your swift reply.

This is a what they sent me last time in regards to my last message. Still getting to grips with an iPad so image might not be right. I'm still unsure what to do but hopefully this will help with some ideas.

[Zanzibar]

Re: Cabot - Halifax overdraft/default removal

Hi there, is anyone able to offer any further advice in regards to this matter? I have replied to the above letter stating why my reasons for sending a section 10 are valid.

Thanks in advance.
Zanzibar.

[wales01man]

Re: Cabot - Halifax overdraft/default removal

Sorry to say your section 10 will have them in stiches as Amethyst says you need to sort out a payment plan for the debt unless you are 100% sure its not yours.
If they go for a CCJ it will wreck your credit score and 3 letters or whatever will not stop this.

The have a right to chase the alleged debt they are a large company known to take action the choice really im afraid yours try to settle or fight them they have a few years left to get the money

[nemesis45]

Re: Cabot - Halifax overdraft/default removal

I have to agree with all that has been said so far, it seems the default it not unfairly placed.
Cabot are extremely litigious and have the backing of a US Bank and will not give up easily.

If you believe this default is unfair/unreasonable in any way take the complaint to the ICO alternatively take it up with Ken Stannard CEO Cabot Financial.