Help with Cabot

[gravytrain]

Re: Help with Cabot

I agree that it is unlikely for the creditor to remove a marker once an account has been defaulted, however if people on here have had experiences otherwise then i am not going to say they are mistaken.

Regarding the section 87 default notice, my understanding is that this is more to do with commencing legal action that registering a default on your file.

The ico recommend that 28 days notice is given before registering a default but this is a different requirement. and only a guideline i think.

I do not think an incorrect section 87 DN will have any effect on the registering of a default on your file

[BBoo]

Re: Help with Cabot

IMO, it is unlikely any default would be removed in a F&F, though you may well get it marked as settled. The only way you would be likely to get the default removed entirely is if there was an error in the way it was placed on your CRF -eg- a defective DN.

I don't believe the CRA's can totally remove the default, as I imagine the ICO would probably have something to say about that.

Do you remember receiving a DN? Do you have a copy of it? If not, I'm beginning to think a SAR may be the best route to go in order to get all the information they have about your account.

[Beefy1976]

Re: Help with Cabot

The Cease and Desist letter is used to stop them taking any action now and in the future, or you will take legal action. S10 is as written.

Thanks for that. Would that be relevant in my case though? That's the bit I am failing to understand.

Cheers,
Beefy

[BBoo]

Re: Help with Cabot

Thanks again for all the replies. I had seen that template but I am not certain what the following actually means.

'The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs.'

I have tried Google but couldn't seem to find anything about s.10 cease and desist. Does anyone know what it actually means? I don't want to send the letter if it is not applicable in my case.

Cheers,
Beefy

The Cease and Desist letter is used to stop them taking any action now and in the future, or you will take legal action. S10 is as written.

[MrsD]

Re: Help with Cabot

it's a very rare occurrence

if you were in default, ie didn't pay the minimum payment in the time limits, you were in default, so they can report to the CRAs as a default, mostly end of

[Beefy1976]

Re: Help with Cabot

Thanks again for all the replies. I had seen that template but I am not certain what the following actually means.

'The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs.'

I have tried Google but couldn't seem to find anything about s.10 cease and desist. Does anyone know what it actually means? I don't want to send the letter if it is not applicable in my case.

Cheers,
Beefy

[helmsman]

Re: Help with Cabot

Oh I see sneaky

No. Its Brilliant

[gravytrain]

Re: Help with Cabot

Oh I see sneaky

[BBoo]

Re: Help with Cabot

If you read this letter,you will see why they may be encouraged to remove a default:

allaboutDEBT | Our Templates | Making Creditor Offers - Official F&F Offer for Default Removal

[gravytrain]

Re: Help with Cabot

I have read about a few cases where DCA's have said they would remove defaults but then when the debtor looked they hadn't, it was just marked settled.
But of course I am not doubting you, I suppose it is a case of putting them in a position where they cannot renague on their bargain.

I just wonder about the legal position, i mean they have a statutory duty to record the payment history of the account, making a full and final does not alter the fact that the account was in default.

If it is the case that PPI had been missold and the the account should never have been in default, or the marker was placed in mistake as in Durkin then that is different.

[gravytrain]

Re: Help with Cabot

Sorry if this is a silly question but do creditors ever remove default markers even after a full and final settlement, I didn't think they could, and they would just mark the file as settled.

Could be wrong though

[Beefy1976]

Re: Help with Cabot

Thanks for the replies. I am beginning to think that a full and final settlement offer in exchange for default removal may be worth a try as it's fairly clear this will be enforcable. Based on what they has sent me, about 50% of the balance is made up of charges and PPI. I have seen the template on here for full and final in exchange for default removal but I am sure it fits my circumstances. How is the best way to type such an offer? I really want to try and resolve this now as it's the final one to sort out.

Cheers,
Beefy

[Beefy1976]

Re: Help with Cabot

This is a difficult case to assess, because the date of account opening and the method by which you opened the account are so fundamental to the situation. If you may have retained any paperwork relating to the account, I would suggest having a rummage through your filing system to try to find anything you can.



That would be a little hasty, as the facts concerning the case remain largely unknown. It would also constitute an acknowledgment of the alleged debt and restart the limitation clock.



That would be a dangerous assumption. It could just be that a certain page of transactions starts with that date, and that is why they have chosen it for their allegation of when the account was opened. There may be previous pages which they have conveniently omitted.

The only thing I can suggest in this situation is sending the letter which I2D has linked to above, as much to buy time as anything else, and also sending a Subject Access Request to the original creditor to try to find out more information. They have 40 days in which to reply to this, so you will need to stall Crapbot in the meantime.

It really is impossible to come up with a coherent plan of action without knowing more about the circumstances of account inception.

SH

Hi - What other information would you like to know regarding the account and I will post it. I do not have any paperwork at all relating to this account other than what Cabot have recently sent me which is no more than screen shots of an application, a photocopy of the standard terms and conditions and the printed (from their system it looks like rather than a statement) list of transactions. I can scan everything in but there are quite a few pages.

Many thanks for everyone's help with this.

Beefy

[ScabHunter]

Re: Help with Cabot

This is a difficult case to assess, because the date of account opening and the method by which you opened the account are so fundamental to the situation. If you may have retained any paperwork relating to the account, I would suggest having a rummage through your filing system to try to find anything you can.

I am guessing now would be a good time for a full and final settlement offer?

That would be a little hasty, as the facts concerning the case remain largely unknown. It would also constitute an acknowledgment of the alleged debt and restart the limitation clock.

they have sent a print out of transactions from around that date too so I am assuming it must be correct.

That would be a dangerous assumption. It could just be that a certain page of transactions starts with that date, and that is why they have chosen it for their allegation of when the account was opened. There may be previous pages which they have conveniently omitted.

The only thing I can suggest in this situation is sending the letter which I2D has linked to above, as much to buy time as anything else, and also sending a Subject Access Request to the original creditor to try to find out more information. They have 40 days in which to reply to this, so you will need to stall Crapbot in the meantime.

It really is impossible to come up with a coherent plan of action without knowing more about the circumstances of account inception.

SH

[Beefy1976]

Re: Help with Cabot

If it were me I would be sending this ------->CCA Query - Missing Prescribed Terms

Hi again... Just so I understand. They sent me the digital application form copy and a copy of the terms and conditions. As I can't remember applying, they would need to actually prove that as such?

Beefy