Re: Complaining to the Financial Ombudsman Service

[babygirl10873]

could you please advise me. i have a few problems firstly i did write to the onbudsman in relation to two things first my Barclaycard i was a student when i took it out and about two months after i took it out they started charging me payment protection which i did not notice and along with this they took the ppi and then charged me for going over my limited i sent this in almost 7 months ago and keep getting letters saying they have not yet allocated someone. but its mainly the second one i sent them a complaint in regards to Cabott financial. this was because Cabott had put a default on my account. The problem was a credit card which i had an arrangment for 2 years with and never missed the arrangement sold my account to Cabot and on the first day they purchased it they put a default on my file and then contacted me and explained they had bought it i instantly made a similar arrangement and have never missed a payment. I could not understand that the credit card never defaulted me in 2 years yet this company did it instantly when i have read up it states you have to miss 3 payments or breech the contract and my arguement was i had never made any arrangement with cabott. the financial onbudsman stated Cabott was not regulated until 2006 and they defaulted me in 2005 so could not deal with this. i have put a complaint in to Cabot and asked them to remove it as i felt it was compleatly wrong over the 3 years i did not know it was there i took out a morgage and had a loan which were all on higher rates only by getting my credit file because of the high rates i was paying did i see it. Cabot told me after sending me my file in codes i do not understand that they put it there to show creditors i was a bad payer can they do this if not i do not know where to go now. I was also going to send another problem to the onbudsman in regards to barclaycard can they deal with both at the same time or will i have to wait months again. please help

[42man]

Firstly...I would send an official letter of complaint to Cabot...as what they send you under a subject access request should be legible to 'joe public' i.e. they must explain what their codes mean....if they fail to respond then I would send a letter to the Information Commissioners Office....I am familiar with Debt collection agencies sending paperwork from their computers which basically don't mean anything unless you worked in their industry or have specific knowledge of the software used....

 

Have a read of this...

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

As for the defaults you MAY have to take it to court, but you might find this thread interesting...

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/148383-finlander-wants-soak-abbey.html

[babygirl10873]

a year down the line. i still have not recieved a complete file of information i can read. I requested my CCA and a few weeks later recieved a letter stating i had been paying them so legally admitted owing the money and would fight me all the way. A few days later i recieved a notice saying they had asked my orginal creditors for my CCA and would hold payments until they have recieved it. i have now recieved three of these. if they can not produce this what should i do next. i know that i can state if they dont produce it i would state i therefore did not owe them the money and even if they state they will close my account they still have given me a default and caused me major high intrest rates on my morgage. any advice please