Cabot financial creating false defaults on my credit file, please help

[Mcgladdery4]

Hi I need help regarding a default created by Cabot which is now on my credit file!

[BRIGADIER2JCS]

Cabot would not have defaulted the account the original creditor would have done so prior to selling the debt to them.

 

Give some more details if you want further advice.

[Mcgladdery4]

I have had a default placed on my credit file from Cabot.

 

The default is dated 2005 and states that it is a credit card- no company Name?

 

It's is dated 2005 and last updated in 2009.

 

It is also in my maiden name and registered on my married names credit file at my current address?

 

My married name and maiden name are also not financially linked so I don't understand how or why they have done this.

I have no past credit/defaults in my maiden name?

 

I have never previously had a credit card and the amount is for £571.

I have sent them a letter of dispute asking them to respond within 28 days and to provide me information of the creditor,

the credit agreement,

the default notice etc.

 

They responded by email today saying it would be another 8 weeks until they can get back to me?

 

Please help,

some of my credit has now been frozen because of this.

I know it will have to be removed by them eventually as it's complete fiction,

but please can someone help me on what to do next,

 

it's Christmas soon and my creditors plummeted

[renegadeimp]

What is the date of entry on the credit file? If it states 2005, then it should have been removed 2 years ago.

[Mcgladdery4]

It was added to by married name credit file 3 weeks ago with the information below, not even a creditor name just says credit card -

 

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 544 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 544

Start Date 15/03/2005 Date Updated 10/05/2011

Date Last Delinquent Date Satisfied

Default Date 13/11/2009 Payment Amount

[renegadeimp]

So the default was in nov 2009?

[Mcgladdery4]

That's what it says but it's completely fictional, I lived at the other end of the country in 2009 and I had perfect credit, no credit cards at all

[ims21]

Two threads merged and moved to Debt Collection.

 

Please keep to this one thread for this issue...no need to create multiple threads for the same thing.

 

Thanks

[renegadeimp]

Ok. so the debt isnt real. Tiem for a FULl and formal complaint to cabot. Address it directly to their data controller, send it by recorded delivery and check receipt.

[Mcgladdery4]

I have done that, I have sent a template letter to them with everything on eg, send mea. Copy of credit agreement, default notice etc, on the 28th October, they replied that they need to investigate this further rand will contact me within 8 weeks of the receipt of the original letter.

 

What do I send back now, surly they can't just assign a debt to anyone and ruin their credit

[renegadeimp]

You need to wait out the 8 weeks. Did youa ddress it to the data controller, or the complaints team? It MUST be addressed to the data controller, and marked private and confidential.

[Mcgladdery4]

Ok but do I need to send them a letter in the meantime.. What will happen in 8 weeks when they can't send me the information, will they remove it?

[renegadeimp]

No, but you can get teh FOS involved who will charge cabot a non refundable fee to investigate. You can also get the ICO involved.

[BRIGADIER2JCS]

Point 1. Your maiden name and married, the change does not affect liability for the debt, and they are financially linked so a creditor/DCA is correct in reporting the debt to the CRAs.

 

Cabot must know the name of the original creditor and it should not take 8 weeks to provide this information.

Notice of Correction should be placed on all CRA files.

 

How have current credit facilities been 'frozen' by this?

[Mcgladdery4]

I had a previous default last year which was settled and paid in full. But because of this new one I have a next account for which my credit had been frozen abc I can't even open new bank account because my credit score has dropped so low.,they have written back now calling it a capital one card with an account number. It's completely false, any ideas

[BRIGADIER2JCS]

CCA request to Cabot asap.

 

You have never had a Cap one card?

[Mcgladdery4]

No

[BRIGADIER2JCS]

Ok the CCA request is paramount at this stage. £1 statutory fee payable (use cheque or postal order marked for statutory fee only). Cabot have 12 +2 working days to comply.

 

It will be interesting to see what they come up with.

 

You can send this with the CCA request if you wish:

 

FAO The Compliance Manager

Cabot Financial.

 

Ref: use theirs:

 

Sir/Madam.

 

I write in regard to an entry made on my credit reference file by Cabot, which Cabot have advised me relates to a Capital One Card.

 

Please take not I do not acknowledge any debt to Cabot or any company it may claim to represent.

 

For information and clarification I am not now nor ever have been a client of Capital One and at no time have I ever held a Capital one Credit Card.

 

I have enclosed herewith a request under sections 77/78 of the Consumer Credit Act 1974 ( as amended) the statutory fee of £1.00 is enclosed herewith.

 

Cabot will comply with this lawful request within the statutory time limit of 12+2 Working days, if Cabot cannot provide a valid copy of a regulated agreement for this account (take note a reconstituted agreement is NOT acceptable in this case) it must remove all references to this spurious account from all credit files to which it has been reported.

 

I will then consider what measure of redress Cabot should pay for causing the derogatory data to be displayed.

 

I suggest recorded signed for post and check date delivered.

[Mcgladdery4]

I have now received a reply from Cabot.

 

Please see below.

 

Please help. I do not know what to do next.....

 

Please be advised that this account was opened on 15 March 2005 with Capital One

and remained active for approximately 4 years until it was terminated on 13 November 2009 due to non-payment.

 

It was later assigned to Cabot Financial (Europe) Limited (“Cabot”) on 29 March 2011

and as a result we became responsible for the continuation of the reporting.

 

At the time of purchase we were provided with your name as Xxxxxxxx (not my full correct name?)

and previous address of xxxxx undertaking tracing measures,

 

we located you at your current address and initiated contact accordingly.

 

For this entry to be visible on your credit file, there must be a clear alias recorded with the CRAs showing your change of name.

 

With regard to your request for more information,

I would like to clarify the 40 day time frame we have stipulated is granted by industry guidance that allows us a calendar month (28 days)

in addition to the initial 12 day period to obtain the information before it becomes an offence.

 

We are still awaiting the information due to a delay in Capital One retrieving the documentation from their archives

and as a result we accept that the account remains unenforceable until the request can be fulfilled.

 

However, it has been well established in English case law that enforcement only constitutes legal action such as obtaining judgment at Court

and does not include requesting the payment of the account or reporting data to the CRAs.

 

Conclusion

 

In light of the above, I am unable to uphold your complaint and believe our data remains accurate.

Your account will remain on hold pending receipt of the information required.

If you have any information to the contrary please do not hesitate to contact me.

 

It's just not right. I never had a card!!

 

I recently paid off a default to Cabot for another lender..

Never heard of them before that, is this his they have my information?

 

They haven't got my first mane correct and also still can't send me the documentation I gave asked for..

What do I do now.

 

Please help

[dx100uk]

what CCA request did you send?

 

the 30 days enforcement went out the window years ago..where did they get that from.

 

dx

 

oh and why did you blindly pay them on another debt?

 

that's why they are trying it on

 

they've mugged your once and coughed

 

and now they have you marked as a cash cow

 

so will chance their arm at anything

[Mcgladdery4]

I sent them 2 letters dated

28:10-13

Data controller

 

I refer to recent correspondence from Cabot Financial regarding an alleged debt for a credit for the sum of £544 account ending 628 (no creditor name) Please note I do not acknowledge any debt to Cabot Financial or any company it may claim to represent.

 

I have in the course of reviewing my credit history check my credit files held by Equifax credit reference agency and have noticed that Cabot Financial have deliberately altered and fictionalised this debt. Other information registered regarding this debt is also highly inaccurate. The debt is registered in the name of Xxxxxxxx yet you have registered under the name Xxxxxxxxxx This is also incorrect and highly illegal.

 

One has to wonder if this is done purely to gain funds illegally or if it has been done through incompetence and confusion when a debt is purchased.

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

In addition, as I don't appear to have received any default notice, please can supply a copy of the default notice and last statement of account.

 

 

20th November

 

22/11/2013

 

FORMAL COMPLAINT:

 

Dear Mr Clyne

 

This is a formal complaint regarding misleading and totally incorrect responses from Cabots 'staff' in regard to lawful requests made under sections 77/78 of The Consumer Credit Act 1974 (as amended) for the production of a true copy of a regulated consumer credit agreement, as you will be aware, or should be the tine scale laid down in the Act for compliance with such a request is 12 + 2 Working Days from the date on the request.

 

Either because of incompetence or deliberate attempts to pervert the provisions of the Act Cabot is stating that it 'hopes to comply within 40 days' this is of course the time scale for a Subject access request.

 

I am sending copies of Cabot correspondence with formal complaints to the OFT /FCA immediately.

 

I DO NOT expect this serious complaint to be handed to the department that has been making this error and I require a response from you as CEO

 

I have also sent this letter recorded delivery for my records.

 

Then received that response today...

 

as for the other debt ....No that was for a genuine default that was mine in my married name. My default so I paid it

[dx100uk]

where did you get those from

 

that's NOT our recommended CCA request.

 

its not illegal, its a civil matter, so is unlawful

 

the summary offence went out the window years ago.

 

Mcgladdery4 said:

No that was for a genuine default that was mine in my married name. My default so I paid it

 

where did you get a cca from then?

what was the debt?

[Mcgladdery4]

Off this site, what do I do next?

 

I defaulted on am account, they sent me a letter, it was correct so I paid it.

 

2 months letter I get this new debt which I have no knowledge of and is in my Maiden name.

What can I do next?

I need them To remove this default from My credit file

[dx100uk]

must have been a really old old thread then and not the CCA request

 

that we recommend by highlighting it in black.

 

as now you wait.

 

as for the credit file entries I will refer you to brig [got the card BTW today - tnx brig]

 

dx

 

Mcgladdery4 said:

I defaulted on am account, they sent me a letter, it was correct so I paid it. 2 months letter I get this new debt which I have no known edge of and is in my Maiden name. What can I do next? I need the. To remove this default from My credit file

 

what was the debt all about?

 

dx

[Mcgladdery4]

What am I waiting for??? There will be no default notice or agreement etc as I never had a card! Will this just now sit on my credit file for another 2 years as it says default in 2009 so it will be 2015 until it disappears