My Diary

[ca71]

"Debt 3

23/08/2021 - Cabot confirmed that the outstanding balance is unenforceable. Cabot offered to settle account for 25% of the outstanding debt.
04/04/2022 - Cabot stating that as I have failed to respond to their attempts to make contact, that I have 9 days to respond or they will increase contact frequency of contact (more by phone, email, SMS and letter)",

Cabot have confirmed that the account is unenforceable. What has happened since 04/04/22, have they increased frequency of contact, and are they still chasing you?

No contact from them at all.

[Still Waving]

Re: Debt 2 - Confirmation from Cabot that no further action will be taken to collect the outstanding balance. Thanks JCS!

I was thinking about sending Cabot a SAR for, say, the last 2 months traffic to see if I can pick up anything interesting which might help in the fight with my other account with Cabot.

"Debt 3

23/08/2021 - Cabot confirmed that the outstanding balance is unenforceable. Cabot offered to settle account for 25% of the outstanding debt.
04/04/2022 - Cabot stating that as I have failed to respond to their attempts to make contact, that I have 9 days to respond or they will increase contact frequency of contact (more by phone, email, SMS and letter)",

Cabot have confirmed that the account is unenforceable. What has happened since 04/04/22, have they increased frequency of contact, and are they still chasing you?

[ca71]

Re: Debt 2 - Confirmation from Cabot that no further action will be taken to collect the outstanding balance. Thanks JCS!

I was thinking about sending Cabot a SAR for, say, the last 2 months traffic to see if I can pick up anything interesting which might help in the fight with my other account with Cabot.

[The Tech Clerk]

I was thinking more along the lines of what response I would get from Cabot which then might help inform others about whether to do the same thing.

Leave well alone. You may enlighten office jockey there that you are an easy target (lack of knowledge or a clever clog)?

[ca71]

I don't think it's the obvious one, as when it does drop off very soon there would still be the uncertainty as to the real reason. However, as others have said - leave it alone.

I was thinking more along the lines of what response I would get from Cabot which then might help inform others about whether to do the same thing.

[Roger]

I concur. It's fleetingly crossed my mind to push this before but I ultimately decided not to rattle any cages. Defaults will drop off in their own good time and on balance SB seemed the greater prize.

Silence and sitting on hands!!

Do your homework read AAD and especially be uptodate on current tactics etc.. Because tactics have changed over time!

AAD for me has been a friend and guide through considerable Stress.

What I learnt was that a Good and Informed Diary helped Me and AAD
Good Diaries make for good decisions. They put you in control of your Debts!!

[Night Monkey]

...as others have said - leave it alone.

I concur. It's fleetingly crossed my mind to push this before but I ultimately decided not to rattle any cages. Defaults will drop off in their own good time and on balance SB seemed the greater prize.

[Still Waving]

I don't mind firing off a letter to see what the reaction is (I'd need someone to help me with the wording) - Debt3 (above) would seem to be the obvious one but we'd need to get our skates on because it is due to drop off very soon in any event.

I don't think it's the obvious one, as when it does drop off very soon there would still be the uncertainty as to the real reason. However, as others have said - leave it alone.

[ca71]

I agree with The Tech Clerk Silence and NO CONTACT!
Make notes, maintain a Good Diary because Good Diary's enable good decisions.
Going back to earlier comments before actually any contact (writing,email,sms,phone) it makes sense to bounce ideas off AAD
Case Law isn't something I personally would raise with a DCA!
I would first seek legal Advice for how best to use or otherwise this Case Law! BUT it exists!!

My thinking is often a SAR (which won't restart the Statue Bar Clock) is a good starting point to SEE just DATA Records are currently being held.
Tactics come into the equation and we don't want to reveal our hand to the DCA.
Remember it is for the claimant to prove their Case!

For F&F better really to let the DCA's come begging!!

I'm going to send a SAR to the original company (Capital One) to see if I can pick up any chatter between them and Cabot since my last SAR to Capital One.

[Roger]

I don't mind firing off a letter to see what the reaction is (I'd need someone to help me with the wording) - Debt3 (above) would seem to be the obvious one but we'd need to get our skates on because it is due to drop off very soon in any event.

I agree with The Tech Clerk Silence and NO CONTACT!
Make notes, maintain a Good Diary because Good Diary's enable good decisions.
Going back to earlier comments before actually any contact (writing,email,sms,phone) it makes sense to bounce ideas off AAD
Case Law isn't something I personally would raise with a DCA!
I would first seek legal Advice for how best to use or otherwise this Case Law! BUT it exists!!

My thinking is often a SAR (which won't restart the Statue Bar Clock) is a good starting point to SEE just DATA Records are currently being held.
Tactics come into the equation and we don't want to reveal our hand to the DCA.
Remember it is for the claimant to prove their Case!

For F&F better really to let the DCA's come begging!!

[The Tech Clerk]

as #123 above

[ca71]

It's possible that many of the people working for creditors/DCAs are not aware of this issue or, alternatively, hope that the consumer is not. Perhaps it needs a consumer to reference the case law in a demand that they be removed from CRA reporting.

I don't mind firing off a letter to see what the reaction is (I'd need someone to help me with the wording) - Debt3 (above) would seem to be the obvious one but we'd need to get our skates on because it is due to drop off very soon in any event.

[Still Waving]

The case law regarding not reporting UE debts to CRAs is often mentioned here, but has anybody actually experienced the reporting change once a debt is confirmed UE? In my experience what should happen and what does are two entirely different things.

It's possible that many of the people working for creditors/DCAs are not aware of this issue or, alternatively, hope that the consumer is not. Perhaps it needs a consumer to reference the case law in a demand that they be removed from CRA reporting.

[Night Monkey]

...it is UE and, yes, it is is still being reported to the CRA, though that should stop soon.

The case law regarding not reporting UE debts to CRAs is often mentioned here, but has anybody actually experienced the reporting change once a debt is confirmed UE? In my experience what should happen and what does are two entirely different things.

[ca71]

I agree with Still Waving
Did Cabot in writing confirm the DEBT is UE?
Please add to your Diary whether this DEBT is being reported to the Credit Agencies still or NOT?

Yes, Cabot stated it is UE and, yes, it is is still being reported to the CRA, though that should stop soon.