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**Case Closed** Cabot Calling Me

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  • #46
    Re: Cabot Calling Me

    ^^Their letter wasn't explicit about having/not having the information but I did return their form with the branch details. The ICO said they could argue this was reasonable as I made my original SAR application online, but if they didn't provide the information fairly quickly then they may consider it as stalling tactics.
    (There's been no mention of any fee so far either).
    So if a default was recorded on my credit record by Cabot should a default notice have been issued prior to that in writing by Barclays?
    I'm also confused as to why Cabot recorded their CRA default at the wrong address as I'm guessing this would have been provided by Barclays.
    Last edited by CD36; 9th June 2015, 18:47:PM. Reason: SAR added

    Comment


    • #47
      Re: Cabot Calling Me

      Originally posted by CD36 View Post
      ^^Their letter wasn't explicit about having/not having the information but I did return their form with the branch details. The ICO said they could argue this was reasonable as I made my original application online, but if they didn't provide the information fairly quickly then they may consider it as stalling tactics.
      (There's been no mention of any fee so far either).
      When you sent the SAR, did you not pay the £10 fee?

      Originally posted by CD36 View Post
      So if a default was recorded on my credit record by Cabot should a default notice have been issued prior to that in writing by Barclays?
      Yes, however, sometimes the DNs were issued by Mercers who are in-house collectors.
      Originally posted by CD36 View Post
      I'm also confused as to why Cabot recorded their CRA default at the wrong address as I'm guessing this would have been provided by Barclays.
      Debts are sold as job lots with minimal information about the account.

      Comment


      • #48
        Re: Cabot Calling Me

        Originally posted by CD36 View Post
        ^^Their letter wasn't explicit about having/not having the information but I did return their form with the branch details. The ICO said they could argue this was reasonable as I made my original application online, but if they didn't provide the information fairly quickly then they may consider it as stalling tactics.
        (There's been no mention of any fee so far either).
        So if a default was recorded on my credit record by Cabot should a default notice have been issued prior to that in writing by Barclays?
        I'm also confused as to why Cabot recorded their CRA default at the wrong address as I'm guessing this would have been provided by Barclays.
        Cabot should only up date credit files with their company data i.e. substituting its name as creditor, your address should remain the same as your last advice to the CRA's by way of updates on an any credit or utility accounts reported to the agencies.

        One has to wonder if this (given the regular dirty tricks by Carboot) if this was done so as to be able to send documents to the " Last Known Address!!

        Barclays should have issued a default notice and registered a default prior to selling the debt , there were some instances last year where Barclays were contacting customers regarding " inaccuracies" in their data control procedures resulting in some customers having unwarranted damaging data reported. ( I was one and received compensation for " missed and late payment markers on files)
        So also a possible error there maybe.

        A creditor may refuse a SAR or CCA request if the statutory fee was not paid.

        nem

        Comment


        • #49
          Re: Cabot Calling Me

          I completed the application online and received confirmation by email which stated they would contact me for payment if required.
          It must be easier to administer that way.
          Barclays were aware of my correct address (I was on the electoral register there too) so it would have been their responsibility to provide the correct details to Cabot. I had no idea of their involvement until two years ago.

          Comment


          • #50
            Re: Cabot Calling Me

            Just to record that I sent a Non Response letter to Barclays today, giving them 14 days before I report them to the ICO.

            Comment


            • #51
              Re: Cabot Calling Me

              Had a letter from Cabot today advising that they've been informed the agreement doesn't exist and they won't be pursuing collection any further.
              If they've been told that by Barclays ( and there's no reason for them to tell me otherwise) I don't understand why I haven't been in response to my SAR?
              Either way it's good news for now, but no doubt a new lot of chancers will be in contact at a later date.

              Comment


              • #52
                Re: Cabot Calling Me

                Originally posted by CD36 View Post
                Had a letter from Cabot today advising that they've been informed the agreement doesn't exist and they won't be pursuing collection any further.
                If they've been told that by Barclays ( and there's no reason for them to tell me otherwise) I don't understand why I haven't been in response to my SAR?
                Either way it's good news for now, but no doubt a new lot of chancers will be in contact at a later date.
                Very good news, and I doubt very much that you will here any more.
                There is an "anomaly" with SAR's and provision of agreements, there
                is a view that agreements are predominantly generic and the ICO has
                said that " although it might expect an agreement to be provided with
                a SAR there is however no specific obligation to do so.

                nem

                Comment


                • #53
                  Re: Cabot Calling Me

                  Thanks for your advice with this Nem, I would have been inclined to ignore it otherwise.
                  When you make an online SAR application to Barclays, there's tick lists of items that can be requested including credit agreements. When I followed up I asked them to either provide the information or confirm in writing it doesn't exist. It will be useful to have on file for any future collection attempts.
                  Last edited by CD36; 15th June 2015, 08:44:AM.

                  Comment


                  • #54
                    Re: Cabot Calling Me

                    Originally posted by CD36 View Post
                    Had a letter from Cabot today advising that they've been informed the agreement doesn't exist and they won't be pursuing collection any further.
                    If they've been told that by Barclays ( and there's no reason for them to tell me otherwise) I don't understand why I haven't been in response to my SAR?
                    Either way it's good news for now, but no doubt a new lot of chancers will be in contact at a later date.
                    Congratulations any chance you could post up a redacted copy of the letter??
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

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                    • #55
                      Re: **Case Closed** Cabot Calling Me

                      ^Thanks. Once I get a response from Barclays I'll post any relevant information.

                      Comment


                      • #56
                        Re: **Case Closed** Cabot Calling Me

                        Originally posted by CD36 View Post
                        ^Thanks. Once I get a response from Barclays I'll post any relevant information.
                        Have they still not responded to your SAR yet
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #57
                          Re: **Case Closed** Cabot Calling Me

                          Not yet Kati, I was expecting to hear from my local branch to arrange collection of documents. If they don't respond by Friday next week I'll take it up with the ICO.

                          Comment


                          • #58
                            Re: Cabot Calling Me

                            Originally posted by CD36 View Post
                            Had a letter from Cabot today advising that they've been informed the agreement doesn't exist and they won't be pursuing collection any further.
                            If they've been told that by Barclays ( and there's no reason for them to tell me otherwise) I don't understand why I haven't been in response to my SAR?
                            Either way it's good news for now, but no doubt a new lot of chancers will be in contact at a later date.
                            That is excellent news, do keep that letter safe! :whoo:

                            A SAR is a request for all data about you including statements, notes, transactions, etc. on the account, not just a copy of your agreement. It takes much longer to retrieve all that information and they still have to comply even if they haven't got a copy of the agreement. :thumb:

                            Comment


                            • #59
                              Re: **Case Closed** Cabot Calling Me

                              ^ Thanks. Here's a link to Barclays online SAR applications: https://www.apply.barclays.co.uk/for...execution=e1s1
                              As you can see you tick the information you require.
                              Their 40 days expired last week and they are currently on two weeks notice before I start an ICO complaint.
                              Last edited by CD36; 15th June 2015, 18:04:PM.

                              Comment


                              • #60
                                Re: **Case Closed** Cabot Calling Me

                                Knowing how snide these people can be, is it possible for Cabot to register another CRA default if I didn't acknowledge or pay towards the original in 2007?
                                (Also taking into account that it's SB and they can't provide a CCA).

                                Comment

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