Cabot financial fight

**nemesis45** · 4th April 2015, 12:31:PM

Re: Cabot financial fight

Hi Welcome to LB
This is a very large block of text to read.
One thing jumped out at me " Experian's Rules" which are not necessarily what is actually required.
The CRA's report only data supplied to them by creditors and cannot unilaterally change or remove the data.
Starting at basics Defaults Notice(s) (DN's) These are generic in nature and a creditor is not obliged to archive DN's
as hard copy.

The process is for the debtors " in house file" to be marked to show the a DN was issued on a specific date ( the creditor can rely on this as confirmation)

A DN shows the amount that needs to be paid to remedy the account and return it to normal status, this will of course be less that the amount due when the account was closed and the default registered with the CRA's.
Cabot has explained how this occurred correctly in my opinion.

Cabot's March letter say you have cleared the balance if so they are correct in not supply the agreement and DNs are not part of a CCA request.

These are the facts based on your 1st post.
I will read the other pages and respond later.

nem

**nemesis45** · 4th April 2015, 13:56:PM

Re: Cabot financial fight

Originally posted by pete2vinal View Post

BELOW ARE THE LETTERS RECEIVED FROM THEM
http://s9.postimg.org/oup1ae3cv/cabo...fo_blocked.png
http://s30.postimg.org/ao887sc35/cabot_page_2.png
http://s11.postimg.org/pz7xep72r/def...ce_blocked.png
http://s10.postimg.org/50wcb3e21/van...ce_blocked.png

I have been fighting Cabot for some time and im amazed at the lies they make up and how they fail to respond to letters.

Cant believe a company like this exists , People discuss them all over the internet.

I had a credit card with Vanquis which was in arrears but in dispute over the amount . Anyways long story short I received a default on my credit file.

I received no 28 day default notice to warn me about the default or any notice of assignment.

I contacted Cabot and partially settled the account as the default has caused me to be suspended from my job as I need a good credit history.

I contacted cabot for a CCA request as well as a notice of default. After 8 weeks and them failing to respond to my emails I got a reply 3 days before the 8 week complaints procedure informing me that they do not have to do the CCA Request. (Not according to experians rules) *** Responded to in earlier post*** If the balance has been cleared as stated in Cabot's letter, there is no obligation to comply with the CCA request.

I am also querying the information they have as the I did receive a copy of the default notice in my request but it shows a different amount from what is shown on my Experian credit report.
Experian have queried Cabot twice and the reply was to advise the customer to Cabot and the information is correct.
**** There is no obligation to supply a DN with a CCA Request. DN's are generic in nature creditors do not have to archive DNs as hard copy, A note on the debtors record is made showing a DN was sent on a specific date: The creditor can rely on this data.

The Amount shown on the DN is that required to return the account to " normal status" (default sum) and is not for obvious reason the "closing amount" owed.

Cabot have to show Experian that my information is correct but they wont.
Cabot has explained correctly the difference in the two figures (see above)

Its a long read but I have tried everything and it does show in the letters and emails. I am now desperate to get my job back but find it very unfair.

I would appreciate any help on this and happy to pay someone if it gets removed.
We need some history of the account, was it in arrears, obviously an account holder
is expected to manage an account and should be aware of any problems.
From my experience of dealing with Vanquis on behalf of others I know that they
will immediately embark on a telephone contact campaign phoning leaving messages
many times day followed up by letters and contact from a 3rd party agency called Felicite.

Please see below the email i sent to Experian and even they wont budge or except this.

The bottom of this email was my original CCA REquest email to them. They have failed to reply to any of my other emails even though their website states 2 days.

The default notice states £639.55 is the account balance but Cabot have the wrong balance of £681.46 which is inaccurate and continue to update this inaccurate information. Experian have queried Cabot regarding this inaccurate balance which they maintain is correct ,however the default notice clearly states this inaccurate and have failed to maintain the record or supply the evidence.
This has been fully explained.

Cabot have failed to supply me with any evidence of a credit agreement (letter attached- because they do not need to) nor was a notice of assignment acknowledged (evidence in email below) and I have sent in 6 emails with no response throughout the 8 weeks complaint process with them. It has now passed the 8 weeks complain procedure.

Cabot have sent there final response 3 days till the end of the 8 week complain procedure. I suspect this is tactical so I could not respond or have a fair complaint process. Cabot have admitted receiving my emails and also admitted they were not dealt with properly (evidence of 2 day email response attached from Cabot’s website)
As long as the " complaint" was responded to within the 56 day period that's fine at that point you had the opportunity to make a Complaint to The Financial Ombudsman Service within 6 months.

Experian also sent in 2 requests of the data held which mentions the credit agreement and received very dry responses from Cabot and for myself to deal with them with regards of the data being inaccurate. Which they have failed to show (evidence attached)
Not sure what this means "2 request of the data held which mentions the credit agreement "
Cabot has responded in regard to not supplying the CCA, is this what you mean.
Much of what you are asking for it seems would be better dealt with by means of a Subject Access Request under the DPA 1998 which should be sent to Vanquis.

Cabot have failed to respond to me adequately and have fallen outside their duties under the Data Protection Act.

I have attached all letter responses from Cabot as well as proof of the emails I sent with no response. There website also states that all emails will be responded to within 2 days (evidence also attached)

I have reviewed the Information commissioner's guidelines regarding credit reference agencies registration of defaults. These are published on your own website within the following link;

http://www.experian.co.uk/www/pages/...n_defaults.pdf

They clearly state the following;
Data Protection Technical Guidance Filing defaults with credit reference agencies Accuracy of a lender's default records
39 Records
Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.
41 Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly7. Records where the accuracy is challenged can be marked as 'under query'. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file.
43 If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.
As you can see the IOC seems of the opinion that it is the responsibility of the Credit Reference Agency to check that the data is accurate and not simply to refer the subject to the originator. Also if a dispute is proven then in his words-
'If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed.' It seems Cabot has complied with the DPA Guidance on defaults and reporting to the CRA's. (see previous answers)

Clearly I am in dispute with Cabot Financial as I am writing to you in regard to it. If the matter was not in question we would not be having this discussion. Further to this, the amount in question has not been substantiated or proved by them as accurate or indeed owing by me despite me writing to Cabot for a Subject access request to enable me to review their data. I partially settled it (not fully settling it)due to my employment being suspended on credit ref failing. No credit agreement was supplied nor was a Notice of assignment which was also requested and never acknowledged.(evidence attached below). I also only received a copy of the 28 default notice and not a signed, try copy which I did not originally receive. The Notice of Assignment must
be provided. I the first instance a Notice of Assignment can be sent by the creditor and or the debt purchaser. Cabot appears to be relying again on the fact the balance was cleared.

An offence under 77(4) of the Consumer Credit Act of 1974-Failure of creditor under fixed-sum credit agreement to supply copies of documents etc. is punishable summarily.****No such penalty exists****** Changes to CCA 1974 saw this removed!!

Given these facts, clearly there is an unresolved dispute and clearly the data is being processed unfairly and they admit the issues of a no response to my emails is an error (still waiting).
Your statement that you cannot amend my report without the data originators consent is clearly opposite to the Information Commissioners statement below (taken from your website)

"if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file."
Should Cabot not reply to you (Peter Clarke) within 28 days from the date of your email below with concrete evidence that the amount in question is accurate and owed by me, and the correct procedure for filing said default has been followed (which clearly it hasn't by their own admission) then I shall require the defamatory item to be immediately removed. If it is not I shall complain to the Information Commissioner and pursue both you and Cabot for damages as is my remit under the terms of the act. This was clearly detailed in my previous email.
As you are aware it is not sufficient for Cabot to simply reply that the item is correct and not substantiate it. (which they claim they do not need to do and also for to send me a notice of correction)
I will reiterate to you that being an "innocent disseminator" is no defence and your regulators "opinion" has no bearing on the facts or the law as it clearly stands.
The " signed certified" copy of a DN is nor a requirement, Cabot did Not issue a DN and would not have it on file as debt is sold in portfolio lots with the barest minimum of data.
Cabot has explained the difference in the Default sum and the amount outstanding when the account was closed.

I only received a copy and not the “signed, true certified copy of the original default notice”. Which they claim the original was sent (same as email responses NONE)
As said the creditor can rely on case notes and can issue a copy of a DN that you would have been sent on a specified date. As far as I can see this DN is correct and the figures have been fully explained....

Further to my letters and emails (copies enclosed) I am writing to inform you that unless the default notice in question is removed I shall apply to the court forcing Experian to remove it and claim compensation and costs.

I would like to remind you of the legal guidance given by the Information Commissioners Office with regard to the interpretation of the Fourth Principle;

My Ref with the information Commissioner is RF******* and I have also copied them into this email.

A data controller will need to consider the following factors:

* Is there a record when the data were recorded or last updated
* Are all those involved with the data--including people to whom they are disclosed as well as employees of the data controller---aware that the data do not necessarily reflect the current position?”
*Are steps taken to update the personal data --for example, by checking back at intervals with the original source or with the data subject? If so how effective are these steps?
*Is the fact that the personal data are out of date likely to cause damage or distress to the data subject?
The right contained in section 14 of the Act, by which a data subject can request that personal data be rectified, blocked, erased or destroyed,applies whether or not the data accurately record information received or obtained by the data controller from the data subject or a third party. The powers of the Court in respect of such an application are dealt with in Chapter 4.

With regard to the above, had Experian carried out their obligatory duties as a professional company and offered me the due care and diligence that Experian are duty bound to do and checked back with myself or Cabot it would have been clearly seen that the data was in dispute and a breach of the Fourth Principle of the Data Protection Act had occurred and continues to occur.

As dual data controllers with Cabot, Experian are also in breach of that same Principle as the data is inaccurate as to any matter of fact. Therefore unless the default is removed immediately I shall apply to the court as previously mentioned. I don't believe the data is inaccurate (see all previous answers)

(Experian now claim that they are a data processor)

I have waited out the 8 week procedure and reived a final response from Cabot Financial with no evidence or intension of supplying it because they claim they do not have to.

Regards

Peter

PLEASE SEE EMAILS BELOW OF THE EMAIL EVIDENCE AND REQUESTS CABOT.

From: Peter
Sent: 27 March 2015 09:45
To: 'cabotcustomer@cabotfinancial.com'
Cc: 'casework@ico.org.uk'
Subject: FW: Ref

ICO REF
Cabot Ref

I Received your final response today through the post. I did not receive my Notice of Assignment which was Cleary requested to Cabot, I also sent this to your CEO.
I did not receive any letter or email response with the credit agreement which you claimed you do not need to supply .You are the account holder and have a responsibility to supply the Notice of Correction. I do not agree with Cabot that they do not need to supply the credit agreement. The 8 week deadline has passed , I still have not received the email which I was promised from complaints on 24th March 2015. Complaints promised to send the email that day and the call is recorded.
Cabot have all my emails on file and not once have I had a response even when I have complained about this. I have received 1/3 of my request and have had no response though any email during the 8 week timeframe you have had to deal with this. Cabot have also ,intentionally waited to send the final response 3 days before the 8 week period is over which leaves me no time to respond to any of the issues I have raised even though you add every email to the case files. Cabot have failed to respond to any of my emails. Complaints even confirmed that your website was having issues by not responding to emails to relevant departments and you site would be updated (this does not take 8 weeks and you confirmed received my emails). You have a duty of care to deal with the complaint efficiently and Cabot have clearly demonstrated that is not the case.

I have also copied the information commissioner again and the financial ombudsman in on this email. I can assure you that they will be in touch as I know the complaints team did say nobody has been in contact from them. This unfair and inaccurate default notice should be removed and I should not be penalized for settling the account by not getting a credit agreement.

Peter

From: Peter
Sent: 23 March 2015 14:44
To: 'cabotcustomer@cabotfinancial.com'
Subject: FW: Ref

Your website clearly states that a reply will be responded to within 2 days. I have received no letter in the post of acknowledgement and I would prefer through email due to not receiving any letters. I will forward this email with your non response to other parties looking into this complaint. Please note my first email was sent on 27th January and you have had over 8 weeks to deal with this complaint and I will be taking it further with evidence that you have not dealt with it. I have settled my debt with yourself and agreed that the default would be removed if I paid the debt. I was never given any 28 day notice from the creditor either. I am disappointed at how I have had to email numourios times and got NO response.

Peter

From: Peter
Sent: 17 March 2015 15:29
To: 'cabotcustomer@cabotfinancial.com'
Subject: FW: Ref

I am writing again to Cabot because of the failure to acknowledge any request from me. This is a serious breach of the data protection act and no letter or reply to my email has been sent to me. I have settled the account and was told the default would be removed by your advisor which influenced me to pay the settlement. This has not been the case at all and I was told from compliance that because I have paid it they don’t need to do anything now. I made the payment to cabot and it was agreed that the default would be removed as a gesture of goodwill as I have no other defaults on my credit file.

There is a problem here the fact that payment in part or in full does not affect the reality that the account WAS defaulted and the ICO says that the data on credit files Must be up to date and an accurate picture of the conduct of the account, removing the default entry fall foul at this point.

My guess is that the Cabot employee has no knowledge of the ICO Guidance and should not have agreed to remove the default. Your only opening here is to seek some remedy/redress for the " false promise " if it was made in writing.

From: Peter
Sent: 10 February 2015 19:37
To: 'cabotcustomer@cabotfinancial.com'
Subject: FW: Ref

FORMAL COMPLAINT:

Dear Mr Clyne

This is a formal complaint regarding misleading and totally incorrect responses from Cabots 'staff' in regard to lawful requests made under sections 77/78 of The Consumer Credit Act 1974 (as amended) for the production of a true copy of a regulated consumer credit agreement which I have been told they do not have to supply from Fraser in Complience, the time scale laid down in the Act for compliance with such a request is 12 + 2 Working Days from the date on the request. I have already lost financially due to the timescale taken and stress caused which will be making my family homeless next week . Correct not to comply account settled, end of story.

I have no other debt and have a good financial record apart from the cabot default

Either because of incompetence or deliberate attempts to pervert the provisions of the Act Cabot is stating that it 'hopes to comply within 40 days' this is of course the time scale for a Subject access request .

I am sending copies of Cabot correspondence with formal complaints to the OFT /FCA immediately.

I DO NOT expect this serious complaint to be handed to the department that has been making this error and I require a response from you as CEO

I have explained the situation to your compliance team with no success. This has caused damage to my mental health over a settled account. The default has destroyed my life and everything I send will also be sent to OFT /FCA immediately. The OFT is no more. The FCA will take data for information which will be used when CCL's are renewed or applied for.

Peter

From: Peter
Sent: 06 February 2015 14:34
To: 'cabotcustomer@cabotfinancial.com'
Subject: FW: Ref 14 day notice

I am looking to review my original request as I am aware of how Cabot treats these requests. Again I must state that this is causing me stress so I am exercising my right under the 21 day rule and not wait 8 weeks.

PETER

Dear Sirs,

Account No:

After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default Notice" against an alleged account I held with you, the amount is £681 – default registered 30/04/2013.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974
Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

2. Please also supply me with a signed, true certified copy of the original default notice.
You are notified that you are obliged to supply these documents, whether you are the original creditor or not under s.189 of the Consumer Credit Act(1974).
The legal duty to only report accurate data lies with Cabot and not Vanquis
3. I would also require the NOTICE of Assignment which shows when the debt was sold or assigned to Cabot. This is a requirement under S136 of the Law of Property Act 1925 DNs are not supplied with CCA request: Only the Agreement and a signed and dated Current Statement of the account will be supplied or not in your case as the account is settled.

I would request that this data is provided to me within the next 21 day rule. “The rights of individuals (Principle 6)” due to the stress that this is causing as I have already stated. This will result in a financial loss for myself and I will be billing Cabot for my financial losses legally as I am entitled to do so. Failure to comply with my rights will result in yourself being reported to the information commissioner for breaking the data protection act. If you are unable to provide this data I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.
Please note my address is stated at the top left corner of this letter, and is to be used for all correspondence.
Yours faithfully
Peter

From: Peter
Sent: 27 January 2015 10:08
To: 'cabotcustomer@cabotfinancial.com'
Subject: Ref 14 day notice

This information has also been requested from Equifax 1 week ago

Dear Sir/Madam,

Account No:

After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default Notice" against an alleged account I held with you, the amount is £681 – default registered 30/04/2013. This account is now settled with yourselves.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data. The default has caused my family and wife so much distress and financial loss due to us needing to move home. I therefore ask in the nicest possible way for the default to be removed for such a small debt as I did not receive the 28 day notice for the default and I have settled the account with yourself.

If you cannot remove the notice due to the distress it is causing myself and family, I would like to exercise my rights from the consumer credit act (1974) due to never receiving such notice.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 Account Settled!!
Did you pay the £1.00 Statutory fee?? Time scale of CCA Request is 12 + 2 Working Days.

2. Please also supply me with a signed, true certified copy of the original default notice.
You are notified that you are obliged to supply these documents, whether you are the original creditor or not under s.189 of the Consumer Credit Act(1974).

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.
Please note my address is stated at the top left corner of this email, and is to be used for all correspondence.
Kind Regards,

Peter

I have been fighting Cabot for some time and im amazed at the lies they make up and how they fail to respond to letters.

Cant believe a company like this exists , People discuss them all over the internet.

I had a credit card with Vanquis which was in arrears but in dispute over the amount . Anyways long story short I received a default on my credit file.

I received no 28 day default notice to warn me about the default or any notice of assignment.

I contacted Cabot and partially settled the account as the default has caused me to be suspended from my job as I need a good credit history.

I contacted cabot for a CCA request as well as a notice of default. After 8 weeks and them failing to respond to my emails I got a reply 3 days before the 8 week complaints procedure informing me that they do not have to do the CCA Request. (Not according to experians rules)

I am also querying the information they have as the I did receive a copy of the default notice in my request but it shows a different amount from what is shown on my Experian credit report.
Experian have queried Cabot twice and the reply was to advise the customer to Cabot and the information is correct.

Cabot have to show Experian that my information is correct but they wont.

Its a long read but I have tried everything and it does show in the letters and emails. I am now desperate to get my job back but find it very unfair.

I would appreciate any help on this and happy to pay someone if it gets removed.

Please see below the email i sent to Experian and even they wont budge or except this.

The bottom of this email was my original CCA REquest email to them. They have failed to reply to any of my other emails even though their website states 2 days.

The default notice states £639.55 is the account balance but Cabot have the wrong balance of £681.46 which is inaccurate and continue to update this inaccurate information. Experian have queried Cabot regarding this inaccurate balance which they maintain is correct ,however the default notice clearly states this inaccurate and have failed to maintain the record or supply the evidence.

Cabot have failed to supply me with any evidence of a credit agreement (letter attached- because they do not need to) nor was a notice of assignment acknowledged (evidence in email below) and I have sent in 6 emails with no response throughout the 8 weeks complaint process with them. It has now passed the 8 weeks complain procedure.

Cabot have sent there final response 3 days till the end of the 8 week complain procedure. I suspect this is tactical so I could not respond or have a fair complaint process. Cabot have admitted receiving my emails and also admitted they were not dealt with properly (evidence of 2 day email response attached from Cabot’s website)

Experian also sent in 2 requests of the data held which mentions the credit agreement and received very dry responses from Cabot and for myself to deal with them with regards of the data being inaccurate. Which they have failed to show (evidence attached)

Cabot have failed to respond to me adequately and have fallen outside their duties under the Data Protection Act.

I have attached all letter responses from Cabot as well as proof of the emails I sent with no response. There website also states that all emails will be responded to within 2 days (evidence also attached)

I have reviewed the Information commissioner's guidelines regarding credit reference agencies registration of defaults. These are published on your own website within the following link;

http://www.experian.co.uk/www/pages/...n_defaults.pdf

They clearly state the following;
Data Protection Technical Guidance Filing defaults with credit reference agencies Accuracy of a lender's default records
39 Records
Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.
41 Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly7. Records where the accuracy is challenged can be marked as 'under query'. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file.
43 If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.
As you can see the IOC seems of the opinion that it is the responsibility of the Credit Reference Agency to check that the data is accurate and not simply to refer the subject to the originator. Also if a dispute is proven then in his words-
'If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed.'
Repeats of previous posts

The CRA's can only check with the company that originates the data submitted to the CRA if that company confirms that the data is correct the CRA has fulfilled it's obligation it cannot access any other data.

Clearly I am in dispute with Cabot Financial as I am writing to you in regard to it. If the matter was not in question we would not be having this discussion. Further to this, the amount in question has not been substantiated or proved by them as accurate or indeed owing by me despite me writing to Cabot for a Subject access request to enable me to review their data. I partially settled it (not fully settling it)due to my employment being suspended on credit ref failing. No credit agreement was supplied nor was a Notice of assignment which was also requested and never acknowledged.(evidence attached below). I also only received a copy of the 28 default notice and not a signed, try copy which I did not originally receive.
Cabot has as said earlier only the bare minimum of data starting from the date acquired the account.
Did you pay the £10 statutory fee SAR?

An offence under 77(4) of the Consumer Credit Act of 1974-Failure of creditor under fixed-sum credit agreement to supply copies of documents etc. is punishable summarily.
No Such PENALTY EXISTS ( see earlier answers)

I have done my best to unravel this matter, you seem to have been going in circles and using outdated reference to CCA 1974 (as amended).

Cabot's letter explains the difference between " Default Sum" shown on DN and the " Closing Balance.

As I have said in the body of your text the error on the behalf of Cabot re the removal of the default entry is probably the only ray of hope for you getting the default removed.

A polite letter to Mr Ken Stannard CEO Cabot explaining that you were ill advised (copy of a letter is there is one sent with this)
by his staff and as this default is causing job loss will they remove the entry,
You can also contact Vanquis and ask the same question.
Use signed for post.

nem

Given these facts, clearly there is an unresolved dispute and clearly the data is being processed unfairly and they admit the issues of a no response to my emails is an error (still waiting).
Your statement that you cannot amend my report without the data originators consent is clearly opposite to the Information Commissioners statement below (taken from your website)

"if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file."
Should Cabot not reply to you (Peter Clarke) within 28 days from the date of your email below with concrete evidence that the amount in question is accurate and owed by me, and the correct procedure for filing said default has been followed (which clearly it hasn't by their own admission) then I shall require the defamatory item to be immediately removed. If it is not I shall complain to the Information Commissioner and pursue both you and Cabot for damages as is my remit under the terms of the act. This was clearly detailed in my previous email.
As you are aware it is not sufficient for Cabot to simply reply that the item is correct and not substantiate it. (which they claim they do not need to do and also for to send me a notice of correction)
I will reiterate to you that being an "innocent disseminator" is no defence and your regulators "opinion" has no bearing on the facts or the law as it clearly stands.

I only received a copy and not the “signed, true certified copy of the original default notice”. Which they claim the original was sent (same as email responses NONE)

Further to my letters and emails (copies enclosed) I am writing to inform you that unless the default notice in question is removed I shall apply to the court forcing Experian to remove it and claim compensation and costs.

I would like to remind you of the legal guidance given by the Information Commissioners Office with regard to the interpretation of the Fourth Principle;

My Ref with the information Commissioner is RF******* and I have also copied them into this email.

A data controller will need to consider the following factors:

* Is there a record when the data were recorded or last updated
* Are all those involved with the data--including people to whom they are disclosed as well as employees of the data controller---aware that the data do not necessarily reflect the current position?”
*Are steps taken to update the personal data --for example, by checking back at intervals with the original source or with the data subject? If so how effective are these steps?
*Is the fact that the personal data are out of date likely to cause damage or distress to the data subject?
The right contained in section 14 of the Act, by which a data subject can request that personal data be rectified, blocked, erased or destroyed,applies whether or not the data accurately record information received or obtained by the data controller from the data subject or a third party. The powers of the Court in respect of such an application are dealt with in Chapter 4.

With regard to the above, had Experian carried out their obligatory duties as a professional company and offered me the due care and diligence that Experian are duty bound to do and checked back with myself or Cabot it would have been clearly seen that the data was in dispute and a breach of the Fourth Principle of the Data Protection Act had occurred and continues to occur.

As dual data controllers with Cabot, Experian are also in breach of that same Principle as the data is inaccurate as to any matter of fact. Therefore unless the default is removed immediately I shall apply to the court as previously mentioned.

(Experian now claim that they are a data processor)

I have waited out the 8 week procedure and reived a final response from Cabot Financial with no evidence or intension of supplying it because they claim they do not have to.

Regards

Peter

PLEASE SEE EMAILS BELOW OF THE EMAIL EVIDENCE AND REQUESTS CABOT.

From: Peter
Sent: 27 March 2015 09:45
To: 'cabotcustomer@cabotfinancial.com'
Cc: 'casework@ico.org.uk'
Subject: FW: Ref

ICO REF
Cabot Ref

I Received your final response today through the post. I did not receive my Notice of Assignment which was Cleary requested to Cabot, I also sent this to your CEO.
I did not receive any letter or email response with the credit agreement which you claimed you do not need to supply .You are the account holder and have a responsibility to supply the Notice of Correction. I do not agree with Cabot that they do not need to supply the credit agreement. The 8 week deadline has passed , I still have not received the email which I was promised from complaints on 24th March 2015. Complaints promised to send the email that day and the call is recorded.
Cabot have all my emails on file and not once have I had a response even when I have complained about this. I have received 1/3 of my request and have had no response though any email during the 8 week timeframe you have had to deal with this. Cabot have also ,intentionally waited to send the final response 3 days before the 8 week period is over which leaves me no time to respond to any of the issues I have raised even though you add every email to the case files. Cabot have failed to respond to any of my emails. Complaints even confirmed that your website was having issues by not responding to emails to relevant departments and you site would be updated (this does not take 8 weeks and you confirmed received my emails). You have a duty of care to deal with the complaint efficiently and Cabot have clearly demonstrated that is not the case.

I have also copied the information commissioner again and the financial ombudsman in on this email. I can assure you that they will be in touch as I know the complaints team did say nobody has been in contact from them. This unfair and inaccurate default notice should be removed and I should not be penalized for settling the account by not getting a credit agreement.

Peter

From: Peter
Sent: 23 March 2015 14:44
To: 'cabotcustomer@cabotfinancial.com'
Subject: FW: Ref

Your website clearly states that a reply will be responded to within 2 days. I have received no letter in the post of acknowledgement and I would prefer through email due to not receiving any letters. I will forward this email with your non response to other parties looking into this complaint. Please note my first email was sent on 27th January and you have had over 8 weeks to deal with this complaint and I will be taking it further with evidence that you have not dealt with it. I have settled my debt with yourself and agreed that the default would be removed if I paid the debt. I was never given any 28 day notice from the creditor either. I am disappointed at how I have had to email numourios times and got NO response.

Peter

From: Peter Clarke
Sent: 17 March 2015 15:29
To: 'cabotcustomer@cabotfinancial.com'
Subject: FW: Ref

I am writing again to Cabot because of the failure to acknowledge any request from me. This is a serious breach of the data protection act and no letter or reply to my email has been sent to me. I have settled the account and was told the default would be removed by your advisor which influenced me to pay the settlement. This has not been the case at all and I was told from compliance that because I have paid it they don’t need to do anything now. I made the payment to cabot and it was agreed that the default would be removed as a gesture of goodwill as I have no other defaults on my credit file.

From: Peter
Sent: 10 February 2015 19:37
To: 'cabotcustomer@cabotfinancial.com'
Subject: FW: Ref

FORMAL COMPLAINT:

Dear Mr Clyne

This is a formal complaint regarding misleading and totally incorrect responses from Cabots 'staff' in regard to lawful requests made under sections 77/78 of The Consumer Credit Act 1974 (as amended) for the production of a true copy of a regulated consumer credit agreement which I have been told they do not have to supply from Fraser in Complience, the time scale laid down in the Act for compliance with such a request is 12 + 2 Working Days from the date on the request. I have already lost financially due to the timescale taken and stress caused which will be making my family homeless next week .

I have no other debt and have a good financial record apart from the cabot default

Either because of incompetence or deliberate attempts to pervert the provisions of the Act Cabot is stating that it 'hopes to comply within 40 days' this is of course the time scale for a Subject access request .

I am sending copies of Cabot correspondence with formal complaints to the OFT /FCA immediately.

I DO NOT expect this serious complaint to be handed to the department that has been making this error and I require a response from you as CEO

I have explained the situation to your compliance team with no success. This has caused damage to my mental health over a settled account. The default has destroyed my life and everything I send will also be sent to OFT /FCA immediately.

Peter

From: Peter
Sent: 06 February 2015 14:34
To: 'cabotcustomer@cabotfinancial.com'
Subject: FW: Ref 14 day notice

I am looking to review my original request as I am aware of how Cabot treats these requests. Again I must state that this is causing me stress so I am exercising my right under the 21 day rule and not wait 8 weeks.

PETER

Dear Sirs,

Account No:

After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default Notice" against an alleged account I held with you, the amount is £681 – default registered 30/04/2013.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974
Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

2. Please also supply me with a signed, true certified copy of the original default notice.
You are notified that you are obliged to supply these documents, whether you are the original creditor or not under s.189 of the Consumer Credit Act(1974).
The legal duty to only report accurate data lies with Cabot and not Vanquis
3. I would also require the NOTICE of Assignment which shows when the debt was sold or assigned to Cabot. This is a requirement under S136 of the Law of Property Act 1925

I would request that this data is provided to me within the next 21 day rule. “The rights of individuals (Principle 6)” due to the stress that this is causing as I have already stated. This will result in a financial loss for myself and I will be billing Cabot for my financial losses legally as I am entitled to do so. Failure to comply with my rights will result in yourself being reported to the information commissioner for breaking the data protection act. If you are unable to provide this data I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.
Please note my address is stated at the top left corner of this letter, and is to be used for all correspondence.
Yours faithfully
Peter

From: Peter
Sent: 27 January 2015 10:08
To: 'cabotcustomer@cabotfinancial.com'
Subject: Ref 14 day notice

This information has also been requested from Equifax 1 week ago

Dear Sir/Madam,

Account No:

After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default Notice" against an alleged account I held with you, the amount is £681 – default registered 30/04/2013. This account is now settled with yourselves.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data. The default has caused my family and wife so much distress and financial loss due to us needing to move home. I therefore ask in the nicest possible way for the default to be removed for such a small debt as I did not receive the 28 day notice for the default and I have settled the account with yourself.

If you cannot remove the notice due to the distress it is causing myself and family, I would like to exercise my rights from the consumer credit act (1974) due to never receiving such notice.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974

2. Please also supply me with a signed, true certified copy of the original default notice.
You are notified that you are obliged to supply these documents, whether you are the original creditor or not under s.189 of the Consumer Credit Act(1974).

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.
Please note my address is stated at the top left corner of this email, and is to be used for all correspondence.
Kind Regards,

Peter

BELOW ARE THE LETTERS RECEIVED FROM THEM
http://s9.postimg.org/oup1ae3cv/cabo...fo_blocked.png
http://s30.postimg.org/ao887sc35/cabot_page_2.png
http://s11.postimg.org/pz7xep72r/def...ce_blocked.png
http://s10.postimg.org/50wcb3e21/van...ce_blocked.png

REP

Replies in body of text

**pete2vinal** · 10th April 2015, 18:13:PM

Re: Cabot financial fight

Originally posted by nemesis45 View Post

REP

Replies in body of text

I very much appreciate the advice given and Its obvious i have been looking on the net.

I am just so angry at them as they have mocked me several times over the phone and I am prepared to pay for someone to deal with this if anyone is interested as I just want my job back.

I have tried everything and i am obviously not clued up as most people on here.

if anyone can get this removed please email me on pete2vinal@sky.com and ill happily pay for your services.

Peter

**nemesis45** · 10th April 2015, 18:55:PM

Re: Cabot financial fight

Peter,
You should make a formal Complaint to Cabot, Ken Stannard is the CEO. A Formal Complaint allows 56 days for a full investigation and response.
You have also the Data Protection Act 1998 and the responsible body the Information Commissioner Office and its conditions /regulation as to why, how and when data is shared with Credit Reference Agencies, the data displayed must be up to date
accurate and show a true picture of the conduct of the account.
Meaning that if a default has been properly placed and reported it is shown on the data subjects files, the CRA's cannot unilaterally alter or remove data without the explicit permission of the entity that placed the data, when a debt is sold to a debt purchaser they can only update the original entry with their details nothing else can change.
If a defaulted account is paid in full or in part or in full the entries are marked " satisfied " or " partially satisfied", prior to the ICO's revised " technical guidance " it was sometimes possible to agree with a creditor or debt purchaser that on payment in " full and final"
settlement the entry would be marked settled and the " D " marker removed, however this does not now fit the conditions above.

Your complaint lies with Cabot, and the misplaced information the a default can be removed.
I suggest that you seek a solicitor well conversed in consumer credit matters locally to you.

Good luck!!

nem

**pete2vinal** · 12th April 2015, 14:54:PM

Re: Cabot financial fight

F.A.O. Ken Stannard

Director and Group Chief Executive Officer

I am writing for your help. I Currently have a default entry on my credit file and wrote to Cabot a number of times. Cabot failed to get any email reply back and admitted this. I have been suspended from my banking job because the only default on my credit file is from Cabot. I have now settled the debt with Cabot but in doing so I was given a “false promise” of the default being removed if I settled.

I also requested Cabot for The Notice of Assignment which must be provided. A Notice of Assignment can be sent by the creditor or the debt purchaser. Cabot appears to be relying on the fact that because the balance was cleared they refused to do a CCA Request because I settled the account. I have waited the 8 weeks complaints procedure and received the final letter 3 days before deadline of the complaint was due with Cabot knowing my job was put on hold.

I must stress that I have been suspended from work to get this sorted and I am angry at how my emails were ignored and Cabot admitted this due to a website issue but this is my life and it has caused my family much stress.

I really want to put this battle to an end and to also end my complaint with the financial ombudsman on not receiving the notice of correction over the 56 day deadline. Which I have still not received.

I am asking if Cabot can remove the default in good faith as I am tired of disputing the debt amount which I have tried to obtain and with the failure to receive the notice of correction. I have also been promised statements and other information by complaints and never received it.

I have attached my credit file with Experian which shows I have a good credit rating (my job requires) and a top credit score which has been damaged. It has caused my family much stress with my suspension in my job and financial loss working within the BOS/Lloyds banking group.

I look forward to your response and hopefully can put this to an end.

Kind Regards,

Peter

**nemesis45** · 12th April 2015, 17:17:PM

Re: Cabot financial fight

Hi Peter,

The NOA and the CCA are separate items.
1. You did not receive an NOA from any source.
2. Cabot refused a CCA request because you had settled the debt with them.

Otherwise OK.

nem

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