**RESOLVED** **WON** Unsure of Cabot position...

[FlamingParrot]

Re: Unsure of Cabot position...

Now is just the right time to tackle the CRA issues as the defaults would be just about to drop off if they had been recorded at the right time. :thumb: The account should just be removed at this point as it's been six years since default.

Do post up if you hear from Cabot with regards to the debt. :typing:

[nemesis45]

Re: Unsure of Cabot position...

Point 1. Marstons Cannot issue a default notice.
Late payment markers are for the original creditor to place if appropriate.
Cabot can only report a partial settlement to comply with ICO rules.

The rest of the over complicated responses wont help you.

Mercers are Barclays internal collection department.

Any payment token or not resets the SB clock.

Let's get away from the silly " emoticons" and get down to some credible answers for you and simplify matters!
Get a CCA request off to Cabot asap. £1 statutory fee payable cheque or PO endorsed for statutory fee only.
This is more important as if it cannot be produced the debt becomes unenforceable until the agreement is provided.
There's a template in the forum library, Cabot has 12 + 2 Working Days to comply.



nemesis45


nemesis45

[jon1965]

Re: Unsure of Cabot position...

May I ask when the card was taken out, maybe I have missed it. If it was from prior to Apr 2007 then the CCA request may provide only a recon or nothing at all which may be enough to stop paying. Of course if it was after then a recon agreement is enough. Have I read it correctly £500 five hundred pounds . If you have a token payment arrangement in place and you owe say £400 now it may be worth seeing if you can get £50 together for a full n final but only if the paperwork comes back in their favour.

Very kind of Nem to just repeat everything that FP has said without adding anything of value but I like the smilies . Life is too short to be serious all the time.

[Sondico]

Re: Unsure of Cabot position...

May I ask when the card was taken out, maybe I have missed it. If it was from prior to Apr 2007 then the CCA request may provide only a recon or nothing at all which may be enough to stop paying. Of course if it was after then a recon agreement is enough. Have I read it correctly £500 five hundred pounds . If you have a token payment arrangement in place and you owe say £400 now it may be worth seeing if you can get £50 together for a full n final but only if the paperwork comes back in their favour.

Very kind of Nem to just repeat everything that FP has said without adding anything of value but I like the smilies . Life is too short to be serious all the time.

Hi jon1965,

The card was taken out in 2008...

The current balance is approx £350. Not sue if you noticed my first post but Cabot have said they want £250 for a partial settlement.

If, in fact, Barclaycard had registered the default when they issued the notice in May 2009, it would have dropped off by now - so we're are looking at proving to all parties that fact and hoping the account will be erased..

[FlamingParrot]

Re: Unsure of Cabot position...

Hi jon1965,

The card was taken out in 2008...

This means that even if terms were missing from the agreement, a court would still have discretion to enforce it, because the bit of legislation (s.127 of the CCA) that prevented a court from enforcing without a properly executed agreement containing all the prescribed terms, was repealed with effect from April 2007, that was the reason for Jon's reference to that date.

The CCA issues are totally separate from the CRA issues. The account should be removed from the credit files, however, due to payments being made it is not SBd and you may still have to deal with Cabot. Having said that, I'd wait to hear from them rather than jumping the gun. With a bit of luck, all the CRAs will see sense and remove that from your files without upsetting the applecart with Cabot. ray:

[jon1965]

Re: Unsure of Cabot position...

Sondico
Sorry I missed that little gem of their very generous offer, how kind of them to knock off £100 (not)

The issue with the CRA's is, not really my area although I have sorted out a couple for myself. As FP suggests lets see if the credit reference agencies sort it out .

As a sort of side issue, if this is the only negative mark on the credit file the fact it is not being handled correctly gives you a little more power as it would be easier to show that it caused you harm (i.e cost you money) although that is for the future . One thing at a time, these debt purchasers get confused easily .

If it turns out that you have little option but to pay, I would be inclined to keep to your token payment for a while longer . At £1 a month, well thats best part of 30 years to pay it off and will cost them a fortune in admin fees:doggieyes:.

Sorry again if I confused anything, I will butt out and leave you in FP's capable green fingers

[Sondico]

Re: Unsure of Cabot position...

Sondico
Sorry I missed that little gem of their very generous offer, how kind of them to knock off £100 (not)

The issue with the CRA's is, not really my area although I have sorted out a couple for myself. As FP suggests lets see if the credit reference agencies sort it out .

As a sort of side issue, if this is the only negative mark on the credit file the fact it is not being handled correctly gives you a little more power as it would be easier to show that it caused you harm (i.e cost you money) although that is for the future . One thing at a time, these debt purchasers get confused easily .

If it turns out that you have little option but to pay, I would be inclined to keep to your token payment for a while longer . At £1 a month, well thats best part of 30 years to pay it off and will cost them a fortune in admin fees:doggieyes:.

Sorry again if I confused anything, I will butt out and leave you in FP's capable green fingers

No Jon1965, PLEASE don't butt out.!! We are desperate for all pearls of wisdom, we are really trying to move on with our life now after our six year financial imprisonment and cleaning the Credit Files is the biggest job.!

I have discovered some horrendous recordings on mine -

BT placed Late Payments on mine for 5 months last year 'after' I switched to Plusnet and they mistakenly kept my account open..!!

Lloyds TSB had defaulted me 5 years ago after I went £15 overdrawn and they hit me with £170 of charges..!!

[Sondico]

Re: Unsure of Cabot position...

UPDATE:

Barclaycard have contacted my wife this morning in response to her letter.

They are saying they cannot issue the Default from May 2009 as they only issued the first '6' Late Payment Mark in October 2009, so the best they can do is issue a retrospective Default from October 2009.

They have said the 'Notice of Default' from Mercers was not actually a 'Notice of Default' despite the fact that was what it was titled....

They also said they can't issue a Default until 6 missed payments??

So they are going to investigate but have said thats the best we can hope for...!! Very confusing to say the least... HOW is a Notice not a Notice?

[jon1965]

Re: Unsure of Cabot position...

Hi
Well in my experience it does all get confusing, Default Notice, Notice of Default, Notice of Default sums
I suspect that sometimes they make them up just to scare us

Barclaycard are pushing it as I do not believe there is a minimum time for placing a default, certainly the old rules used to suggest between 3 and 6 months from the first missed payment however it would seem to me to be a fairish compromise. They date it Oct 2009 and it is gone in 4 months . Seeing as you have been making token payments the SB question is not even there .

A default Notice is needed prior to legal enforcement but not prior to placing a default and I believe that IF it were to go to court the lack of one would be in your favour. Make sure you keep the letters that show they did not issue one-not because I think they will take you to court but just good practice to keep copies of everything. I have many GB of cloud storage filled with letters between me and my creditors

[nemesis45]

Re: Unsure of Cabot position...

UPDATE:

Barclaycard have contacted my wife this morning in response to her letter.

They are saying they cannot issue the Default from May 2009 as they only issued the first '6' Late Payment Mark in October 2009, so the best they can do is issue a retrospective Default from October 2009.

They have said the 'Notice of Default' from Mercers was not actually a 'Notice of Default' despite the fact that was what it was titled....

They also said they can't issue a Default until 6 missed payments??

So they are going to investigate but have said thats the best we can hope for...!! Very confusing to say the least... HOW is a Notice not a Notice?

The Mercers " alleged DN's " were issued because Mercers are Barclays in house collections are, they believed that it was ok to issue DNs on behalf of Barclays but they have started saying they were warning of what would happen if the account were not put back into good order.

A DN is not a default registered on the account it is a " generic" notification of what one must do to avoid a default being registered.
If an account is rectified within the time scale laid down in the DN then no default is registered.

Barclays were and maybe still are using " arrangement to pay/late payment markers" for prolonged periods instead of defaulting accounts at the first possible moment.

The ICO at one time condemned the practice but there has been an " about turn" on this and the reports to CRA files must be an accurate picture of the conduct of the account. Prior to this there were many successful challenges on late placed defaults.
Barclays internal practices are Not Law, they can issue a DN and register a default earlier. I am aware that some people have cases with the ICO at present on this very subject.
Notice of Default in 2009 not complied with?? I would expect Barclays to have registered a default no later than 21 days later, unless an arrangement was made

nem

[Sondico]

Re: Unsure of Cabot position...

The Mercers " alleged DN's " were issued because Mercers are Barclays in house collections are, they believed that it was ok to issue DNs on behalf of Barclays but they have started saying they were warning of what would happen if the account were not put back into good order.

A DN is not a default registered on the account it is a " generic" notification of what one must do to avoid a default being registered.
If an account is rectified within the time scale laid down in the DN then no default is registered.

Barclays were and maybe still are using " arrangement to pay/late payment markers" for prolonged periods instead of defaulting accounts at the first possible moment.

The ICO at one time condemned the practice but there has been an " about turn" on this and the reports to CRA files must be an accurate picture of the conduct of the account. Prior to this there were many successful challenges on late placed defaults.
Barclays internal practices are Not Law, they can issue a DN and register a default earlier. I am aware that some people have cases with the ICO at present on this very subject.
Notice of Default in 2009 not complied with?? I would expect Barclays to have registered a default no later than 21 days later, unless an arrangement was made

nem

Cheers nem.

Mercers sent the DN in May, but we did not comply so now assume they should have issued the Default 21 days from the DN (early June).

What Barclaycard have now said is that the Mercers DN in May was not a DN and that they are working off a DN in October 2009, from guess who?? Mercers..!!

Now surely they can't have it all ways? The May one should stand really surely???? Thus removing the Default from my wifes CR immediately?

We have copies of both the May DN and the October DN and they are identical bar the date.

Another query we have is, if Barclaycard do retrospectively default the account to October 2009 (against our request of May 2009) where does that leave Cabot's recordings on my wife's CR? Do they have to remove what they have recorded?

[nemesis45]

Re: Unsure of Cabot position...

Hi Sondico,

I think that taking every thing you have told us this has to be tackled at the
root cause Barclays disastrous management of defaults, default notices and
reporting to CRA's

Barclays quite recently have been contacting customers about inaccurate reporting.

I'll need to do some checking on a couple of things then I'd be happy to draft a Formal
Complaint To Barclays including all the aspects.

I would like a sight of all the documents if possible DN.s and the letter (s) you can PM me
with these if you wish.

We can I think stall Cabot in the meantime, I'll address that point tomorrow.

nem

[Sondico]

Re: Unsure of Cabot position...

Well here is the latest pearl of wisdom from Cabot....

Following our letter of complaint to Barclaycard and Cabot my wife has had a Default registered against her in February 2015 by Cabot..!!!!

HOW can these cowboy's get away with such flippancy??!!??

No Notice of Default or any form of correspondence was sent, they have simply decided to register this default...

It appears they are really working themselves following our letter, possibly to push us into a corner to give them some money?

The gentleman at Barclaycard that my wife has been dealing with seems to have been very cooperative and has promised an outcome by Monday next week when he gets through the mountain of other similar complaints... but that doesn't help us with the Cabot stance.

Has anyone got any suggestions how we can tackle Cabot quickly?

[nemesis45]

Re: Unsure of Cabot position...

Good morning Sondico,

Responding to PM.

Cabot cannot change the original date registered buy the original creditor it must remain the when a debt is sold.

Barclays has had major issues with CRA reporting so it does not surprise me if this is a " manipulated" default date, there is a " but" to this, please check the Feb 2015 date is not just the date Cabot acquired the debt and up dated the files.

If this does prove to be as bad as it seems I'll assist with a Complaint letter for you.

Please keep me updated and we can act quickly to sort things out.

Responding to PM.

Given the information on what Barclay's did with the reporting to CRA's I'll draft a letter for you today, please answer the questions I've asked in reply to your last PM.

nem

nem

[nemesis45]

Re: Unsure of Cabot position...

I have just received a PM from Sondico in reference to the Barclaycard disputed default date and default notice and Cabot placing its own default after purchasing the debt.

A little behind the scenes assistance and the perseverance of Sondico has resulted in Barclaycard removing the default entry from Mrs Sondico's credit file and paying not inconsiderable compensation.
Cabot have no claim now!!

nem