The default date is November 2007, and debt assigned is December 2007.

Good Evening, I have just received a letter this morning from Cabot Financial, stating they have bought a debt for £6k from the now defunct Equidebt. Two years ago I requested the documentation for this debt, which was originally an MBNA credit card. Equidebt could not fulfil that request, and said it was an internet agreement and therefore did not need CCA signed documents. It also could not obtain the T's and C's from MBNA. To cut a long story short Equidebt removed their default and stopped pursuing me as MBNA could not give them the data they requested. I have kept the email trail, but I now believe I have a case against the administrators for not carrying out due diligence on what they sold, and ensuring that those accounts that contravened the CCA requests should have been excluded. Looking at my credit reference file, there is no activity on the account since May 2007, yet MBNA issued a default to the wrong address in November 2007. So I never knew about it and never received it. Anyone give me some advice.

Just been warned that these low lifes read these threads, so I need to be careful what I post.

So I want to take a trip to the county court, what forms, and what claim should I make if I include this latest information. I guess this is now more than a damages case, so its more than a money claim.

Heres the letter, interestingly enough the letter was last saved by thier compliance officer on the 15th November, 1 day before sending it to me. An act of perjury me thinks. I now want to go for the jugular, want to take them straight to court, the last time I believe this debt was serviced, if it was, is probably 2004. The default reads November 2007 6857, amount owed 6856 We confirm receipt of your email dated 23rd September 2011, the contents have been noted. Having undertaken a review of this matter, we should like to respond to your comments as follows: We have no record of receiving a request from you concerning a copy of the original agreement relating this account and therefore consider some of the comments that you have made to be inaccurate and irrelevant. We are also unable to confirm receipt of any email from you on 18th August 2011 or subsequent Subject Access Request and we would be grateful if you could confirm which email address this was sent to? We are not in a position to manage your correspondence as a regulated complaint, as defined by FSA guidelines. However, we will continue to investigate the areas of dissatisfaction to which your comments relate. We have referred this matter to our vendor in order to obtain a copy of the agreement that you have requested. We have placed your account on a ‘hold’ whilst we continue to await a response to this. We must advise that should you require statements relating to this account, a charge of £2.50 PER STATEMENT is payable prior to order. Should your require these documents, please contact us with immediate effect at the following address: Please note that the timescales to which you have previously referred are only applicable to the original creditor, which in this instance, is not ourselves. We trust that this should clarify matters. Yours sincerely

I was hoping you could guide me on this one Brig!

So I now have recieved a reply after notifying this bunch of scumbags that I am taking them to court. Funny enough, they have attached an letter that they alleged to have sent me on the 29th September. They say they do not have to adhere to FOS guidelines, they want 2.50 for each statement. But wait this is the best piece, the letter is a microsoft file and it was created on the 5th October. I wonder whether there is now a possible criminal element I could go after. I am going to forward this to the OFT, but how can I nail these people. Answers on a postcard and go back in time and post it.

Yes the det would have run its course if the original default date was entered onto the CRA database. I have asked the CRA to validate this data, and raise it as a dispute. I have prescribed that they have a duty of care to ensure the data they are publicising is correct. I thought rather than go down the consumer route, I have played it down the duty of care, and detrimental to my career route. I am not running away from anything here, in fact this debt was disputed as far back as 2003, when my ex wife, god love her, ran the card to its hilt, without my knowledge. Hence the reason she is an ex now. This debt then came out of the wood work five years later in 2008, I asked then for them to prove it, and everything went quiet. I went for some security screening this year and this popped up again and as soon as I sent a letter asking why this default had be retro placed on my record, I have had the lovely letters from the nice people at Equidebt demanding money, flesh, blood and obviously if I don't pay I end up with eternal damnation.

Thanks for the replies. I ave sent a SAR to them, I also asked for the data under the CCA. I rasied a formal complaint, and as this pertains to a bank credit card, I metioned, banking act, FOS guidelines as well as the relevant case law. These bar stewards have stopped adding information to my file but have not removed the default. I wonder if there is any way I can make them give me the information in order to take them to court, i.e. apply for a court order or is there a letter I can send asking for full disclosure. This is the only thing sat on my file which is really annoying.

Hi this is my first post. I have checked my credit file beginning of August and found that Equidebt had registered a default against me for a debt that went back most probably at least 8 years. Equidebt has registered the default in November 2007 yet I know if this is one of the debts from my ex wife the last payment would have been in 2004. I have sent them a CCA request, a formal complaint, a letter of pre action and I have also requested details of the original default date and last transaction. I request these some eight weeks ago, and then again on at the end of September. I have also contacted CRA to ask them to validate the last activity on the original debt and also the date of the original default notice. Since the letters, Equidebt have stop reproting, but have not removed the default. I am more than happy to take Equidebt to court however their lack of response is ridiculous. What I also want to know is Equidebt have the default down as 6001 yet the amount owed according to the CRA is 6000, is this enough of a discrepency to ask the CRA to prove the date of payment? Can someone help.