Start of my unenforceabilty journey

[Joanna Connolly Solicitors]

I've just had a doorstep call from Resolvecall. I thought they weren't supposed to do house calls? It turns out it's for my one and only debt that's enforceable

Can you guide me to any post on your thread for the history of this Cabot debt (ideally re-quote it with the update), please.

You say the account is enforceable, presumably based on an opinion of the credit agreement which they've produced, but there could be other reasons for the debt to be unenforceable.

Is the debt owner Cabot Financial Ltd or Cabot Financial (UK) Ltd?

Di

[unicorndeva]

I had a letter saying to contact Cabot or 'if I'd prefer', they could send one of their representatives to make a personal visit to my home. I didn't respond to it. He asked to speak to me (giving my name) and I confirmed that was me. Once he said who he was I refused to 'go through security' with him. Told him he wasn't supposed to call on me and shut the door. He then put a letter through the door asking me to contact them. They are working on behalf of Cabot.

[nightwatch]

I've just had a doorstep call from Resolvecall. I thought they weren't supposed to do house calls? It turns out it's for my one and only debt that's enforceable (I've been ignoring it... stupid, I know). Should I be worried?

it depends what you said to them!! any DCA can send a field agent to call on you, many don't bother, but they are supposed to inform you that some one MAY call
Have you had a letter saying an agent may call?
NW

[unicorndeva]

I've just had a doorstep call from Resolvecall. I thought they weren't supposed to do house calls? It turns out it's for my one and only debt that's enforceable (I've been ignoring it... stupid, I know). Should I be worried?

[nightwatch]

Thanks for your response, Nightwatch. I didn't get a default notice from Arrow. I checked my credit report and saw that it was defaulted. Arrow confirmed in November 2017 that they will no longer be chasing the debt as they can't supply a credit agreement.

How do I go about contacting OFT and what would I say?

sadly I don't think you would get it removed. as I said you were paying it on an arrangement to pay, this means that creditors don't default it untill you stop paying, you stopped the arrangement so they were within their rights to regester the Default with the CRA(s),
The problem stems from the fact that the AP was never questioned when the account was taken over by Shop Direct,
an AP marker can be on your credit file as long as the payments continue, or as Arrow were doing taking it as upto date.
As you say Arrow have stopped chasing you for it, BUT unless you have any proof of a Default being registered in the past, you remain between a rock and a hard place. The CRA(s) only keep information going back 6 years, or so they say,so sending them a SAR wouldn't help in this case,
Sorry you may have to let sleeping dogs lie.

Unless someone knows different and then they may be able to help

P>S> I meant you should contact the ICO not the OFT

[unicorndeva]

If you were paying on a DMP it may not have been defaulted as it was deemed under an Arrangement to Pay (AP), now Arrow own it there is no need for them to uphold the arrangement so they can default it, This gives them the right to ask for full payment, Naughty but allowed, you may have to go to OFT.
Did Arrow send you a Default Notice?

Thanks for your response, Nightwatch. I didn't get a default notice from Arrow. I checked my credit report and saw that it was defaulted. Arrow confirmed in November 2017 that they will no longer be chasing the debt as they can't supply a credit agreement.

How do I go about contacting OFT and what would I say?

[nightwatch]

If you were paying on a DMP it may not have been defaulted as it was deemed under an Arrangement to Pay (AP), now Arrow own it there is no need for them to uphold the arrangement so they can default it, This gives them the right to ask for full payment, Naughty but allowed, you may have to go to OFT.
Did Arrow send you a Default Notice?

[unicorndeva]

Re: Start of my unenforceabilty journey

Owned by NCO-Arrow/Capquest, originally Empire stores
Catalogue
Started in 1998
£1900
Last full payments were in 2010/11
Being paid on a DMP
Shown by Arrow as being satisfactory???

CCA request Feb 201
23/5/17 Letter from Arrow saying they're still awaiting the requested info.

21/04/18 Surprisingly, I have received the SARS back from Shop Direct (Empire Stores was part of them). But there is no default notice. 'Nightwatch' mentioned that it should have been defaulted before being sold on but it wasn't. It has only just been defaulted by Arrow, January of this year. Is there anything I can do to get this off of my credit record?

[unicorndeva]

Here is what I remember. It was originally with Empire Stores then was taken over by Kay & Co (part of Shop Direct) but I can't remember if Empire defaulted prior to Kay & Co taking it over. At some point (can't remember if it was still Empire Stores or Kay & Co) we went onto a DMP with Step Change, and were paying greatly reduced payments. Then it was sold to Arrow. Whilst I think it might have been defaulted before being sold on I have no evidence of this. Plus I don't know what the credit ref. agencies said at the time. Sorry, I'm not much help... I should have kept all paperwork

I've just found an old page of a credit expert report which is showing it as Shop Direct with one payment late. This was in January 2011 and we set up the DMP with Step Change in June 2011 so it would have shown several missed payments a few months on (but can't find the detailed breakdown on Credit Expert, just the summary). The debt was sold to Arrow in December 2012. Arrow have defaulted it in the past couple of months.

Any ideas on this please guys?

[unicorndeva]

the debt should be defaulted before being sold, original owner should give you the chance to rectefy the arrears hence the need for a default notice, do you know if empire reported the missed payments to the CRAs as 8 or AP ,8 for so,many months means it should be defaulted .AP means it wasn't defaulted as marked as an arrangement to pay (unfair practice) but once no payment is received should be reported as a default up to 6 months after final payment.
when was it sold to Arrow eg when was your last/full payment to empire/SD and when did Arrow buy it and what date is the Arrow default showing?

NW

Here is what I remember. It was originally with Empire Stores then was taken over by Kay & Co (part of Shop Direct) but I can't remember if Empire defaulted prior to Kay & Co taking it over. At some point (can't remember if it was still Empire Stores or Kay & Co) we went onto a DMP with Step Change, and were paying greatly reduced payments. Then it was sold to Arrow. Whilst I think it might have been defaulted before being sold on I have no evidence of this. Plus I don't know what the credit ref. agencies said at the time. Sorry, I'm not much help... I should have kept all paperwork

I've just found an old page of a credit expert report which is showing it as Shop Direct with one payment late. This was in January 2011 and we set up the DMP with Step Change in June 2011 so it would have shown several missed payments a few months on (but can't find the detailed breakdown on Credit Expert, just the summary). The debt was sold to Arrow in December 2012. Arrow have defaulted it in the past couple of months.

[nightwatch]

Ah ok. My problem is that I am sure this account was defaulted by Empire or Shop Direct prior to being sold to Arrow but it is not showing on Noddle. Arrow have only just defaulted it (even though they have said they will not be chasing it any more) which means I have to go another 6 years before it drops off my credit file. Is there anything I can do about this?

the debt should be defaulted before being sold, original owner should give you the chance to rectefy the arrears hence the need for a default notice, do you know if empire reported the missed payments to the CRAs as 8 or AP ,8 for so,many months means it should be defaulted .AP means it wasn't defaulted as marked as an arrangement to pay (unfair practice) but once no payment is received should be reported as a default up to 6 months after final payment.
when was it sold to Arrow eg when was your last/full payment to empire/SD and when did Arrow buy it and what date is the Arrow default showing?

NW

[unicorndeva]

nothing, the onus is on them to comply, they can't because empire never asked you to sign an agreement.
You applied for goods they send them, then you get asked to sign something but you never return it, if you do they don't keep them, so all they can send are copys of statements,Shop Direct say my account was opened in 2001, it was opened in 1976 when I lived elsewhere.

Ah ok. My problem is that I am sure this account was defaulted by Empire or Shop Direct prior to being sold to Arrow but it is not showing on Noddle. Arrow have only just defaulted it (even though they have said they will not be chasing it any more) which means I have to go another 6 years before it drops off my credit file. Is there anything I can do about this?

[nightwatch]

nothing, the onus is on them to comply, they can't because empire never asked you to sign an agreement.
You applied for goods they send them, then you get asked to sign something but you never return it, if you do they don't keep them, so all they can send are copys of statements,Shop Direct say my account was opened in 2001, it was opened in 1976 when I lived elsewhere.

[Roger]

Report them to the ICO
https://ico.org.uk/action-weve-taken/enforcement/

[unicorndeva]

Adjust to suit your case & send to ICO [Your full address] [Phone number] [The date] [Name and address of the organisation] [Reference number (if provided within the initial response)] Dear […] Subject access request Further to my letter of [date] in which I made a subject access request, I would now like you to revisit the way you handled my request. I requested the following information:[List information] I received a response from you on [date] from [name of person in the organisation responding]. I have attached a copy of both letters for your information. From the information you have provided and from my reading of the Information Commissioner’s Office website at ico.org.uk, I suspect you have failed to disclose all the relevant information I requested. I believe that I have not received all the data I am entitled to. I expected to receive any personal data relating to me that may be contained within the following:[List the records that you want the organisation to search and where they might be found, including any relevant dates, for example: Adjust the items to your case:- your personnel file; emails between ‘A’ and ‘B’ (between 1/6/11 and 1/9/11); your medical records (between 2006 & 2009) held by Dr ‘C’ at ‘D’ hospital; CCTV camera situated at (‘E’ location) on 23/5/12 between 11am and 5pm; copies of statements (between 2006 & 2009) held in account number xxxxx).] If you have withheld any information relating to me I would be grateful if you would confirm this and tell me why you consider it appropriate to do so. If there is anything further you can do to resolve this matter, or further information you can provide, please do so. As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide this information within 14 days. I must advise you that if I do not receive a satisfactory response from you, I will report this matter to the Information Commissioner’s Office (ICO). You can find advice on the ICO’s website on how to deal with a subject access request [ico.org.uk/sar] and information on their powers and the action they can take [ico.org.uk/action] or call them on 0303 123 1113. Yours sincerely [Signature]

Sent this letter to Shop Direct (who bought out Empire Stores) a few weeks ago. They responded with a letter two weeks ago apologising for the delay and saying that they are sorting it, but I've still had nothing back from them, and they are well out of the time limits. What do I do now please?