It's finally happened, cabot have admitted that the debts are unenforceable and they are now statute barred.

A huge thank you to all that helped me

I can't help but feel that DCA's are using the system of T1 searches as a form of blackmail, they start searching the credit file once the default drops off and seem to be continue very frequently, until of course the debt is paid.

Clearly they feel justified in this behaviour, but I feel that it is an abuse of the system that Equifax welcome.

Apologies to AndreaMc for hijacking your thread.

Thank you, Brigadier, I believe quite a few of us would like to be more informed about these searches and how they affect our credit file.

It is interesting that they state the searches cannot be seen by lenders, as Cabot have searched mine 3 times in one day and Equifax stated to me that Table 1 searches are seen by lenders, so one of them is mistaken.

I notice from 3 three consecutive searches on my credit file, that Cabot have added yet another company title and are now Cabot Credit Management.

The printers must love all the stationery changes, personally i'm quite fed up with them constantly searching my credit file and having to raise disputes to get them removed, but 3 searches in one day is excessive, even by their standards!

Thank you both for your advice, it is appreciated.

Thank you for your reply Shadow.

Capital 1 state that the debt was sold to RW, but in all the begging letters received from RW they state that they are writing on behalf of their client, so it's all a little misleading.

I have noticed on the legal subforum that RW are taking these old non paying C1 accounts to court, or instructing another DCA to do it for them, therefore, I am trying to preempt their next move!

I have all the records for this one, the payments made until late 2007 have been applied to the account, as yet no further interest has been applied.

The card was taken out in 1999 and defaulted around 2003/04, Capital 1 used to update the CRA file.

It's been off my credit file for a while, but last payment was December 2007, so a long way from being SB'd.

Hi Dx,

That's true! This one is going round in circles and i'm not confident if it ends up in court, having read some of the other threads it would seem likely. So i'm wondering if there is something that I should have done, but haven't?

I had been making token monthly payments to another dca when I decided to request a copy of the agreement and also sent a SAR to Capital 1,

the account was promptly returned to Capital 1.

Capital 1 then allegedly sold it to Robinson Way during 2008,

I have never made a payment to Robinson Way, but did request a copy of the agreement,

they sent a copy of my application form, which they state is enforceable, this wrangling has gone since 2008 and has simply resulted in the death of several trees.

There are penalty charges on this account, but they are over six years old.

I am in receipt of weekly threatening letters from Robinson Way and really don't know what to do next?

I would also make COF aware of the behaviour of the company in their employ, as surely they have a responsibility for you being misled by this debt collector pretending to be a bailiff. COF might prefer not pay a company that will bring them into disrepute.

Do not offer a payment plan to these people, report them to Consumer Direct as stated in post 22, then send them the "No Doorstep Callers" letter by recorded delivery. Please do not allow these bullies to make your life a misery or pay them money that you can ill afford to, in my opinion they are worse than muggers.

I would value another opinion on what to do next and will give a brief history to outline the major points.

It is in regard to an old account that originated with a People's Credit Card, that was taken over by Citibank, I believe that this account was sold to a DCA during 2002, but I have not received written proof.

2002 DCA purchased account balance of £2885

2005-2007 Token payments made

2007 CCA requested

2007 Account collection on hold

2011 Letter received demanding payment

2011 Reconstituted agreement received

2011 Interest has accrued from 2007-2011, balance now just over £7000

The letter accompanying the generic agreement and t&c's states; "that the reconstituted agreement complies with section 77/78 of the CCA and is a true copy, enforcement means that we are able to obtain a CCJ against you."

I sent a CPUTR 2008 request and their response states; "I can confirm that we have been unable to obtain a copy of your original signed agreement, however, the reconstituted agreement fulfills our obligations and we intend to initiate legal proceedings."

It is my intention to SAR Citibank and see exactly what they do hold, I do not recollect a signed agreement and as it would appear, there is not one available, so how can they prove that it is a true copy?

I am not attempting debt avoidance, the CCA request was made to buy me time, due to being unemployed, but I have no intention of paying the inflated amount that they are now demanding.

Any advice would be appreciated.

I managed to have three removed by complaining and then complaining some more, it's worth making a nuisance of yourself.

Thank you for an excellent and very relevant post, that will hopefully make people weigh up the whole situation first.

I object to my personal details being sold, but it's the small print on application forms that give them permission, it's seems an abuse and the only way to prevent it is by not applying for anything. How DCA's must have struggled prior to computerised days!

I have checked through the correspondence received from the DCA and Experian (not Equifax), having contacted them both regarding the DCA obtaining ex-directory numbers.

They obtained my numbers through a system called ECAPS provided by Experian, to quote, "The information provided on credit applications is stored on the datatbase and is shared with other organisations, the consumer section of Experian does not have access to this information as the perspective lender does not submit the contact details to the credit file."

I do not use my home telephone number on any applications, only a PAYG mobile number that is not used for any other calls.

Hope that helps.

Dibs.

A DCA obtained my phone number from a recent application form, when pushed, they stated that they had obtained it through Equifax.

Thank you for your help with this Bazooka Boo, it is appreciated and you have prompted me to dig out all the paperwork, (tons of threats and offers), on this account and look at it again, but I just can't find anything that would provide me with a defence.

It was a purchase with credit from Comet, the finance was provided by Time Retail Finance and I had two loan plans with them repayable over 60 months.

I sent an SAR to Time and checked through the statements for any charges added, they amounted to £44, there is no PPI on the account.

AK purchased the debt late 2003, I then made payments totalling £720, found CAG and requested a copy of the CCA, the agreement is in order, the only paperwork missing is the NoA, they have never sent that, so will chase that up again.

I also requested a statement in 2007, which provided a summary of the payments made, I also receieved a statement in 2009, but have not received any since then.

The total amount paid to AK since they purchased the debt is £1150 and there is just short of £5000 still outstanding.

They have made endless threats of adding all accruing interest charges and taking court action, whenever a payment is a couple of days late reaching them.

It's no longer on my CRF and I haven't received any statements.

I am quite tempted to follow your suggestion Bazooka Boo, however, is there anything to prevent them taking court action for the almost 5k+ that's still outstanding and what possible defence could I have?

Hi Havinastella, AK started chasing this debt in 2004 and I have been making token payments ever since.

I requested the agreement and that has all the correct t&c's, there is no ppi and AK are not adding interest or charges at the moment, but it will take approximately 37 years to repay the whole amount at the current rate!

Dibs

It's for a Comet loan and a relative has offered some money to clear the financial burden, there doesn't seem to be an end in sight with this debt and I really don't want to be making token payments for the rest of my life, sadly I have little choice!

Thank you for the replies, I just needed to vent my frustration!

I am sure that they have already recouped more than they originally paid for the debt, but the idea of reducing the payments is a good suggestion.

I'm looking forward to their reply to my letter, not that I expect them to concede the point or even accept my offer, but the explanantion should be interesting.

I have made a full and final offer to AK, my offer crossed with a special offer settlement letter from them, which was just over £300 more than my offer.

It was more than I can afford, so I waited for their reply and hoped they would accept my offer, but no, they actually wanted 3x the amount stated in their offer sent out a couple of days earlier and stated that they believed it was a fair amount for a full & final, they are flippin greedy!!

I have replied to their letter, but it looks as though I will simply have to continue making token payments, for the rest of my life