Cabot and a barclaycard debt - help

[blueorange]

Hi boys and girls,

Need some of you expert and wise advice please.

 

I have been dealing with Cabot for the last couple of years for a debt they bought from Barclaycard.

 

Barclaycard has marked my report with settled.

 

Recently I have got a credit report and have noticed that they have been marking it with AP every month.

 

I also have been paying Llyods and they do not do this.

 

Cabot phoned me and I asked the question about marking my credit report with AP,

Cabot said they were doing this correctly.

 

I asked "if You bought the Dept then and then agreed to accept my payment

then this is a new agreement to which I am honouring.

 

He kept talking about special agreement and they were entitled to do this.

 

I asked about a signed copy of my agreement with them

and they said I have no signed agreement with them.

I was also not notified that they would mark my credit report.

 

They bought the debt whilst I was paying the agreed amount and said they had to honour it.

 

To my eyes I am paying a new agreement therefore I am doing nothing to warrant an AP on my credit record.

 

I understand, I may be wrong

 

I have two questions:

Can they keep putting AP on my credit report?

Can they request new income and outgoing form when they want?

 

Thank you Blue

Edited August 8, 2013 by blueorange
Clarify Question

[Conniff]

They can request all they want, whether they are entitled to them is a different matter. Only a court can insist on a budget sheet.

[renegadeimp]

Send them a very simple budget summary. This calls their bluff, so they dont know what to do next, and covers your back incase they try anything further.

 

Also understand that when a debt is bought, they inherit all rights and obligations to the debt. This includes any repayment plans in effect.

 

You could simply reply, "thanks for your letter, my circumstances havent changed so my payment plan will not change. I will update you if it does. Now bugger off".

[blueorange]

Thanks for your replies, The payment plan that I am on now was in effect when they bought the debt although it was less than the minimum payment on the credit card. So are they still entitled to the minimum credit card payment?

[renegadeimp]

Whatever repayment plan was in place when the debt was sold, is what they HAVE to accept. Of course, you should also be checking for reclaimable charges and correct paperwork, as a debt doesnt get sold on for no reason.

[blueorange]

If this is the case can they still put AP on my credit report every month?

[dx100uk]

no that's very unfair

 

is the debt defaulted in its summary?

 

and you say they don't hold the CCA?

 

how old is this?

 

how many years have you been paying them?

 

also STAY OFF THAT PHONE

 

writing only

 

they are NOT BAILIFFS

and have no such legal powers.

 

you need a papertrail

 

dx

[filrobbo]

Check for ppi also

[filrobbo]

Did you get all the right paper work when Cabot took over the debt

[blueorange]

Looks like I defaulted in Jan 2012 and Barcleycard has marked it settled in Nov 2011, Carbot has been marking my credit report since Jan 2012.

 

is the debt defaulted in its summary? Don't know what this means, Just started looking into this, just started to get work now and again so looking to clear dept and start again.

 

and you say they don't hold the CCA? I asked for a signed agreement between me and carbot the guy stated we don't have one. I am Looking at sending the letter asking for CCA but am unsure how this affects anything.

 

Don't know if this is applicable but I am only paying £1 per month this is what is what I was paying when they bought the debt, This is what Barcleycard accepted when I defaulted.

[dx100uk]

no cca = no pay!

 

on your CRA file

in the debt details summary

it should [hopefully] show a date it was defaulted.

 

if not

and you have years of AP markers that is unfair.

 

it should be defaulted from your 3rd missed payment.

else it'll never fall off your cra using the AP markers [unfair practice]

 

dx

[blueorange]

Did you get all the right paper work when Cabot took over the debt

 

TBH don't know went to CAB for help because my creditors just would not accept anything I said. The wrote What I wrote and they listened. Can not remember anyone mentioning paperwork although I should still have it all. Not even sure what the right paperwork consists of, will have to do some research.

[blueorange]

no cca = no pay!

 

on your CRA file

in the debt details summary

it should [hopefully] show a date it was defaulted.

 

if not

and you have years of AP markers that is unfair.

 

it should be defaulted from your 3rd missed payment.

else it'll never fall off your cra using the AP markers [unfair practice]

 

dx

 

Their are no defaults from barcleycard just late payments, They goto 6 late payments and stay like this from May 2010 until Oct 2011 then settled on Nov 2011, but no defaults.

[BRIGADIER2JCS]

An arrangement to pay marker can be placed on any account on which the debtor is making payments different from those required by the original agreement.

 

This is at the discretion of the 'creditor'.

[blueorange]

An arrangement to pay marker can be placed on any account on which the debtor is making payments different from those required by the original agreement.

 

This is at the discretion of the 'creditor'.

 

Quoted from renegadeimp " Whatever repayment plan was in place when the debt was sold, is what they HAVE to accept".

 

There seems to be two different opinions here, can someone clarify please?

[BRIGADIER2JCS]

A repayment plan = an arrangement to pay no difference simples!!

[blueorange]

Would like to thank all you guys and girls for your information and time. Is there any way I can stop them from carbot marking my credit report with these AP, I am going to lodge a complaint with the relevant bodies for unfair practice. But carbot keeps saying they are doing nothing wrong.

[BRIGADIER2JCS]

No I don't think there is anything you can do an AP marker seems to be correct.

[blueorange]

How can the AP marker be correct when I am paying the agreed amount?

[BRIGADIER2JCS]

How can the AP marker be correct when I am paying the agreed amount?

 

Paying the 'agreed' amount is an arrangement to pay, paying an agreed amount lower than those required by the original agreement!

[blueorange]

Ok that clarifies things,

 

So what is this about?

on your CRA file

in the debt details summary

it should [hopefully] show a date it was defaulted.

 

if not

and you have years of AP markers that is unfair.

 

it should be defaulted from your 3rd missed payment.

else it'll never fall off your cra using the AP markers [unfair practice]

 

Barcleys never defaulted me can they do this?

[BRIGADIER2JCS]

This you say was defaulted in 2012 so AP or not it will be removed from CRA files in 2012, in some cases an AP is entered into when an account has not been defaulted and therefore the account remains 'Live'.

[BRIGADIER2JCS]

There is another question mark here you will not have signed an agreement with Cabot, they have inherited all the rights and obligations of the original creditors agreement when they purchased the debt.

[blueorange]

Thanks that clears things up a bit.

 

Can you tell me what this is about?

 

on your CRA file

in the debt details summary

it should [hopefully] show a date it was defaulted.

 

if not

and you have years of AP markers that is unfair.

 

it should be defaulted from your 3rd missed payment.

else it'll never fall off your cra using the AP markers [unfair practice]

 

Barcleycard never defaulted me can they do this?

 

Sorry posted twice it's not showing up for some reason

[BRIGADIER2JCS]

Ok that clarifies things,

 

So what is this about?

on your CRA file

in the debt details summary

it should [hopefully] show a date it was defaulted.

 

if not

and you have years of AP markers that is unfair.

 

it should be defaulted from your 3rd missed payment.

else it'll never fall off your cra using the AP markers [unfair practice]

 

**Barcleys never defaulted me can they do this?**

 

In Post 10# you say Barclays defaulted the account in 2012????

 

What is the true status of this account?? Otherwise we will go round in circles getting nowhere!!