Cabot and Citi Card debt

[Donel261]

I have the exact same situation with Barclaycard and Cabot (Kings No1) on my credit file. I am still waiting for a reply from Cabot they have cashed my £1 for requested info, over a month ago.

 

It just seems really hard to get them to remove defaults, it seems that they can just say its correct and your problem to prove it is not and everyone is satisfied, the credit reference agencies dont give a damn.

[alanfromderby]

In the situation where they are all denying that they should remove a duplicated default it would be interesting to look at starting an action listing both (or all three) as defendants. Then sit back and wait to see just how fast they all remove their entries!

[seylectric]

There is another angle to this which nobody seems to have picked up on.

 

Consider this: The credit reference agencies such as Equifax told me a couple of years ago that the law requires them to be impartial. in fact it states somewhere in a booklet I have from them from a few years ago that they are impartial, or something like that.

 

Say for example you believe you owe XYZ Finance £400 but the credit reference file says you owe £800. You are entitled to place a "Notice of Correction" of up to 200 words on an incorrect entry. Er, not you're not. Not according to Equifax. What happens in reality is that you submit your "Notice of Correction" to Equifax to add to your file, but they then contact XYZ Finance. If XYZ Finance say you are wrong and you owe £800, your Notice of Correction is not posted.

 

So in otherwords Equifax take the word of XYZ Finance to be correct, and you to be wrong. That's your impartiality gone out of the window then. Equifax have heard both sides and agree with the creditor every time.

 

Equifax claim their system is not a blacklist. Yes it is. Creditors say you owe this and Equifax agree with them. Every time. As far as I am concerned the credit reference agencies are as bad as the DCAs and banks etc. for a bad credit rating.

 

Let's face it, it's us and them. But there's more of us.....

[MARTIN3030]

I dont know if the laws have changed in last couple of yrs but looking at the notice of correction it does not say in any of my booklets (and I have all 3 cra)

that the defaulter/owner of the debt can have a say.

It would be defeating the object surely of giving the file owner this right.

It says notice of correction will appear on the file within 28 days providing the correction is not libelious derogatory or foul.

 

I do agree the cras are the lapdogs of the people who keep them in business by supplying them with the info......after all what role would they have without them ?

Its fair to assume that the money must come from these to keep them going.

 

I cant imagine £2.00 a throw fees for a man in the street would keep them going on their own.

 

Would be nice to have an insider here to share some info.

 

[gizmo111]

Hi,

 

I have today received a letterfrom mackenzie hall saying that they have been instructed by Cabot Finacial to collect the sum of 12363.53 immediately. I have no idea what this relates to, and the only thing I can think of is I defaulted and never paid a capital one card for £6553 in 1999. (BTW I don't usually ignore my ebts but this was a joint acoutn and they wouldn't accept my half in F&F) Default date was MAy 2000 so if it is this debt then it is statute barred anyway, it is in my old married name. Is the letter below the correct one to send in reply to this demand? Any comments/ advice gratefully accepted.

 

Thankyou

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

[gizmo111]

Hi,

 

I have today received a letterfrom mackenzie hall saying that they have been instructed by Cabot Finacial to collect the sum of 12363.53 immediately. I have no idea what this relates to, and the only thing I can think of is I defaulted and never paid a capital one card for £6553 in 1999. (BTW I don't usually ignore my ebts but this was a joint acoutn and they wouldn't accept my half in F&F) Default date was MAy 2000 so if it is this debt then it is statute barred anyway, it is in my old married name. Is the letter below the correct one to send in reply to this demand? Any comments/ advice gratefully accepted.

 

Thankyou

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

[thunderpuss2k]

Hi,

 

I have today received a letterfrom mackenzie hall saying that they have been instructed by Cabot Finacial to collect the sum of 12363.53 immediately. I have no idea what this relates to, and the only thing I can think of is I defaulted and never paid a capital one card for £6553 in 1999. (BTW I don't usually ignore my ebts but this was a joint acoutn and they wouldn't accept my half in F&F) Default date was MAy 2000 so if it is this debt then it is statute barred anyway, it is in my old married name. Is the letter below the correct one to send in reply to this demand? Any comments/ advice gratefully accepted.

 

When was your F&F? Although the default date is May 2000, your F&F correspondence would count towards the six year limit.

 

That letter is good, but you really need to send it to Cabot, as they appear to now own the debt. Mackenzie Hall are just the DCA they're using, so therefore I'd suggest you send the letter you wrote to Cabot and the following to Mackenzie Hall:

 

I do not acknowledge any debt to you or your client.

 

Please be advised that I have contacted your client directly and requested further information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit).

 

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance.

[gizmo111]

When was your F&F? Although the default date is May 2000, your F&F correspondence would count towards the six year limit.

 

That letter is good, but you really need to send it to Cabot, as they appear to now own the debt. Mackenzie Hall are just the DCA they're using, so therefore I'd suggest you send the letter you wrote to Cabot and the following to Mackenzie Hall:

 

Thanks - any ideas where I can find an address for Cabot? And any ideas if it is likely to be Cap One?

 

My f&f phon conversations would have been around Dec 1999 - split up with husband June 1999 - paid a few more short payments couldn't afford the lot had some money in divorce settlement around Nov 1999, offered half of 6553, they refused and I never paid or contacted or aknowledged it again. Which is why they defaulted in May 00 - approx 6 months after they refused offer. There were acouple of joint debts also who refused half as F&F. Nationwide got a charging order on house, which Ipaid when I moved so I know it is not them.

 

If it is this debt the default is now off my CRF.

 

Thanks for advice.

[thunderpuss2k]

OK, so it seems like it's statue barred? This is the address I found for Cabot:

 

10 Kings Hill Avenue

Kings Hill

West Malling

Kent ME19 4LT

 

Good luck!

[Dammam]

I also have this address for Cabot:-

 

Cabot Financial (Europe) Limited

P.O Box No. 241

West Malling

Kent

ME19 4NA

[alanfromderby]

Just one word of warning. This is a joint debt, and therefore it may not be 100% certain it is statute barred.

 

If your ex has made any payment, or acknowledged the debt during the last six years, then the Limitation runs from that date - not your last contact/payment.

[gizmo111]

Just one word of warning. This is a joint debt, and therefore it may not be 100% certain it is statute barred.

 

If your ex has made any payment, or acknowledged the debt during the last six years, then the Limitation runs from that date - not your last contact/payment.

 

Well he hasn't acknowledged his children for seven years so don't think that will apply. He moved to NI and changed his name.

 

When I say joint debt I included all debts in marital pot and offered 50%, some were in his name and some were in mine, as a CC this was in my name, but he was additional card holder so legally I was soley responsible, the one that got the charging order was in his name but I paid it.

[angry cat]

got a charging order on house, which Ipaid when I moved so I know it is not them.

 

Hi Gizmo111-

 

Remember, in the case of a joint & severable liable mortgage-

 

The debt limitation period is only for 6 years for the interest-

The Capital has a different Limitation period, which is 12 years-

Meaning, if neither of the several & Joint owners of the mortagage, has not acknlwledged the debt within the 12 year Limitiation period, then the debt becomes unenforceable, that is until it is refreshed.

 

Please bear in mind that I am only a BAG member and I do not have any Legal expertise. My advice is given, simply to assist other BAG members.

 

Thanks

 

Angry Cat

[MARTIN3030]

Did she acknowledge the debt?

 

There is the stat bar.......but if at any time since expiry of the 6 years there has been an admission then it starts again.

 

Do a CCA request,

[elsinore]

karnevil, would you like to post on here the letter from 1st Credit, editing out anything personal/sensitive? Could you also say what type of debt this was.

 

They are a two-bit DCA grubbing around for scraps at the bottom of the debt dustbin.

 

Suggesting what response to make (if any) will depend on what they said in the letter.

 

Elsinore

[ecobabe]

karnevil, i have been dealing with them recently for an alleged debt of £30 which rose to £200. of all the people that i have been dealing with they are the worst. in total they used 6 dca to contact me. I sent 6 CCA's to all and eventually most wrote back saying it was passed back to 1st credit, i sent cca to them and they have sent me statement of accounts, then when i wrote and said "still no agreement" they sent letter mentioning some credit act (not cca) and that they didn't need to supply details,only type of credit agreement and thanked me for the 6 x £1 payments which had been credited to account. they enclosed a blank credit agreement which said at bottom of it, regulated by Consumer Credit Act!!! i wrote back pointing out their errors telling them that i had reported them to TS and asked if they thought i was an idiot(hope they don't answer that one!) then reported them to trading standards who are investigating. haven't heard from them since and they are now in default. so be prepared for them to be pests, but ill informed pests.

[alanfromderby]

Did she acknowledge the debt?

 

There is the stat bar.......but if at any time since expiry of the 6 years there has been an admission then it starts again.

 

Do a CCA request,

 

That is not correct. Once a debt is statute barred it cannot be restarted. Any payment made after the SB date is classed as voluntary, and a pure admission means nothing.

[angry cat]

I agree with AlanfromDerby!

 

The debt has to be refreshed (by acknowlegement) prior to the Limitation period of 6 years.

 

However, in the case of a Mortgage, the Limitation period is for 6 years in relation to the interest. The Capitol of the Mortgage has a different Limitation Rule, which is 12 years. If the Motgage has not been acknowledged by the 12 year deadline then the debt becomes statute Barred.

 

I hope this information will help someone in the BAG.

 

Kind thoughts

 

Angry Cat

[gizmo111]

got a charging order on house, which Ipaid when I moved so I know it is not them.

 

Hi Gizmo111-

 

Remember, in the case of a joint & severable liable mortgage-

 

The debt limitation period is only for 6 years for the interest-

The Capital has a different Limitation period, which is 12 years-

Meaning, if neither of the several & Joint owners of the mortagage, has not acknlwledged the debt within the 12 year Limitiation period, then the debt becomes unenforceable, that is until it is refreshed.

 

Please bear in mind that I am only a BAG member and I do not have any Legal expertise. My advice is given, simply to assist other BAG members.

 

Thanks

 

Angry Cat

 

Thanks angry cat,

 

But I don't know what this alleged debt is - I think it may realte to an old capital one debt. What I meant by the charging order was an unsecured debt which was secured by a CCJ.

 

As I understand it - and correct me if I am wrong the charging order was not a land debt and is therefre statute barred after six years - however because there was a CCJ it is enforceable forever - but I paid that one off when I moved house anyway!

 

Thanks for tip anyway.

[JonCris]

Your confusing me (not hard) but a ccj is not enforcable forever as the 6 years limitation applies. If the creditor obtains a ccj & fails to enforce it that's his problem

[gizmo111]

Your confusing me (not hard) but a ccj is not enforcable forever as the 6 years limitation applies. If the creditor obtains a ccj & fails to enforce it that's his problem

 

As I understand it the 6 year limitation act means that if no action has been taken and no admission/acknowledgement has been made by debtor then the debt is not legally enforcable, if a CCJ has been obtained provided the creditor can prove this then the debt will always be enforcable, the creditor may have to explain to Dj why they have never taken action previously but in essence it will always be enforcable, although it cannot be re entered on to your credit file after 6 years. ie if you moved abroad for 6 and half years and then returned and were traced the default would be unenforceable but the CCj could be enforced.

Otherwise what is the point of a creditor getting a CCJ in someones absence?

If anyone knows any different I would be happy to know.

[Movingon]

I think you're right Gizmo... although outside the Limitation period the creditor may need to apply to the courts for leave to pursue the debt. They would also as you suggest have to explain why the debt could not be pursued when the Judgement was entered.

[MARTIN3030]

Been reading another site where there are a few people dealing with dcas

 

Apparantly if you get unsolicited mail from these people.........reply by putting additional junk mail in an unstamped envelope (the heavier the better ) and send it to them

 

 

[chrismc]

Nice one!!!! all my junk mail from now on will go to them he he

[MARTIN3030]

One guy claims he has got a list of the home addresses for the directors of a very prominent dca

He has spent the last fortnight bonbarding them at home with unstamped junkmail

 

LMHO