Newbie need advice

[Jordygal]

Hi

 

Thanks for reading this post. First of all I will say I joined a few days ago now and have been reading as much as I can. I'm a little more informed but also confused..lol.

Ok so here's my dilemma. In August 2007 I received a letter from Clarity Debt management agency for a request for me to phone them urgently, which I did. They said I have a debt of £223 which was either from a Barclaycard or a Littlewoods store card, set up in July 2004. They couldnt tell me which it was at first and when I said I'd had neither in July 2004 they suggested I inform the police regarding fraud and let them know the crime ref no. I struggled with the advice as I thought I'm going to look a right idiot at the police station when I dont even know which co. I'm supposed to owe money to. I rang Clarity back and asked again if they could confirm this and they said it was a Barclaycard definitely. I asked if they had a copy of the credit agreement and they said they would write to Barclaycard and obtain one. I decided to wait for this so I had some kind of evidence before I went to police. This was in September 2007.

Never heard anything and after being refused a mobile phone due to my credit check I rang Clarity back regarding their letter to Barclaycard. I asked if they could chase things up as there was obviously a default on my credit now. I was told no! they wouldnt. I had to wait or pay the balance.

So I decided to get an online credit report and lo and behold Cabot... on my report with the above mentioned debt.

I submitted a query with equifax about it, not sure what that will do.

After reading many posts I am right in thinking I should write to Cabot directly and ask for a CCA enclosing a £1.00 cheque? Which they will send back?

Then complain through their procedures for there default on my credit report? I'm confused as to where this information came from. Can they just make it up? or should I be informing the police about credit card fraud?

Any comments, questions or advice will be much appreciated. Thanks.

[saintly_1]

Dont enclose a cheque ....... get a £1 postal order ....... also dont sign the cca request use either

 

Im not an expert on debt though so you may wish to wait until someone more knowledgeable answers

 

 

 

saint

[Jordygal]

Thanks saint

[Struggling_Simon]

Hi Jordy,

Deffo send a CCA request to Cabot.

As saintly says, send a postal order rather than a cheque, don't sign it.

 

Most important, DO NOT call these people, ever again. Do everything in writing and stick rigidly to your deadlines. Keep copies of everything.

 

Cabot will likely write back to you to say that they don't have the CCA and will be asking the original creditor (OC) for a copy. Don't hold your breath.

 

Then it's a simple matter of waiting the 2+12 days. Send them a letter to inform them that they are now in breach of the CCA. Wait a month,

 

After that month is up , you can send another letter - Mr Cabot you are a villain.

 

For the credit report - Cabot can be forced to stop proceessing your data under Section 10 of the Data Protection Act as they have no rights to do so.

 

Hope this has helped.

If so, please click my scales.

[Struggling_Simon]

Thanks for the Rep-points Jordy.

 

Whats the latest?

[Jordygal]

Hi

 

I received the following e mail from the query I submitted. What do you think? Should I wait for a reply or just go ahead and issue a CCA to Cabot straight away?

 

Dear *** ******

 

Thank you for your query received on 28 January 2008.

 

In view of your comments about the account with Cabot, I am writing to

them for you. This is because I cannot amend your report without their

consent. I will let you know what they say as soon as they reply.

 

While I investigate your comments, I am adding the following statement

to the entry you have queried.

 

"THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL

CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD THEREFORE BE

TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE

INDIVIDUAL CONCERNED."

 

Your report will change in the next seven days. Please use this

correspondence if you need proof in the meantime.

 

I am telling all the companies that have searched your credit report in

the last six months of the change to your information.

 

You may wish to place a password on your credit report. This is a short

statement explaining what has happened. This statement will be seen by

anyone searching your report in future, as well as companies who have

searched your report in the past six months. This statement can help

protect your details and will allow lenders to take the information into

consideration when making a lending decision. However, please note that

this is an added security measure and not an absolute guarantee that

your identity will be protected. An example of a Notice of Correction is

detailed below:

 

"I, *** ****** WISH TO INFORM LENDERS THAT I BELIEVE MY DETAILS

ARE BEING USED FRAUDULENTLY IN ATTEMPTS TO OBTAIN CREDIT IN MY NAME. I

THEREFORE WISH TO USE THE PASSWORD "*******" IN ANY GENUINE CREDIT

APPLICATION MADE BY MYSELF".

 

If you would like this adding to your report, please confirm this to us

in writing and provide a password that you would like to use.

 

Yours sincerely

 

Miss Laura L Harman

Consumer Service Officer

CreditExpert

[Struggling_Simon]

Hey Jordy,

 

Quite honestly I don't see why you should be detered from the original course of action. Remember the end goal is to demonstrate that Cabot have no right to a) enforce the alleged debt b) process your data as they have not been assigned the rights to do so.

 

In fact, what you are about to do is also to establish a complete legal defence to any claim coming from Cabot in the future.

 

Seems such an easy step to take, and costs £3.04. They have 12 working days from receipt, before they are prevented from enforcing this alleged debt.

 

Go right ahead. There's no issue.

 

The response above is a standard response from the CRA's - They are paid to protect the interests of the creditors after all.

 

Not sure if you need to place the password on your credit file, but the Notice of correction can only help.,

 

It seems smart to me to have the ability to block people your don't want reading your personal details without your permission. I didn't know about that system.

 

Hope that helps.

 

Click the scales if I've helped.