Cabot Financial took over KBC residual mortgage, admin messup and now have missed payments on credit report

amgd28

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Hi
I had a small (<40k) residual 0% mortgage with KBC, which was taken over by Cabot Financial when they withdrew from the market.
I figured I'd hear from them if I needed to do anything. Had thought of paying it off (wouldn't be an issue), but figured as it was at 0% might as well hold on to it.
Last January I took a call from an unknown number - saying they were from Cabot and were taking over the loan and wanted to change my DD details. Needless to say I hadn't heard anything from them before this and assumed it was a scam. Had never heard of Cabot and I asked them to write to me so I could confirm it wasn't a scam.
I was quite busy (I stepped out of a meeting to take call), but called back once I checked that Cabot had taken over the KBC book and advised them of my home address so they could write to me (they had the wrong address on file).
They put me through to an automated dialler for signing up for direct debit details - as I was going through this the call dropped (their end) and I went back to meetings figuring I'd hear from them if there was an issue.
Eventually 5-6 months later I get my first letter from Cabot. This contained the details for signing up for the DD. I rang them and set up the DD there and then. I asked was there anything else I needed to sort out and was told no, everything in order now. Btw in case wondering the monthly payment is small and I wouldn't have noticed whether it was coming out or not in the interim.
Fast forward to October and I'm about to draw down from PTSB for a switch of mortgage from ICS where 3yr fixed mortgage was expiring. Credit check shows that Cabot have me down for 7 missed mortgage payments on the credit report
I rang them furious the next day and all the phone numbers relating to mortgages on their website failed to connect - so clearly the dropped call on the original connection was perhaps redolent of their ropey phone system. I got to speak to someone after finding a number on their website relating to some other area (i.e. nothing to do with mortgages) and was told their phones are down (and that this happened regularly). I was told to email them with my complaint.
I did so, was told it was to be investigated. Investigation ended with a letter to say I had been written to twice and had not responded (they wrote to the wrong address) and that because I didn't complete the DD on the automated telephone system (because it bloody dropped out on me), that the missed payments were my responsibility and the entry into the credit record was valid and if I didn't like it go to the Financial Ombudsman.

I am frankly astounded that an entity like this can flagrantly trash someone's reputation in this way with no fear of reprise. Aside from the financial impact (not being able to switch due to this issue is costing me >€800 a month), my reputation and that of my wife is at risk. I am involved in a number of funds and investments that carry all sorts of KYC tests etc - tax compliance etc. I'm a director of a Central Bank Regulated entity, I really don't want to be in a situation where I'm having to explain this on my credit record.

Can I ask do any on the forum have experience of this situation and how to remedy? Cabot are practically impossible to contact. I have requested copies/transcripts of calls/letters but have had no response from them. In fact the only other communication I have had from them was to tell me that they had a data breach!. I regret not paying the loan off some time ago and I'm happy to do so now but not until I get some engagement on this matter.

Wondering do I go to the Financial Ombudsman or go direct to litigation against Cabot?
 
Suggest
1) Redeem the KBC/Cabot loan.
2) Ask Cabot to delete the missed payments from the CCR.
3) If they don't, complain to the Data Protection Commissioner regarding Cabot maintaining an out of date correspondence address for you. Cabot's data protection failure fed in to the missed payments situation.
4) Quantify your loss, and seek legal advice on chances of a civil action for recovery.
5) Consider placing an explanatory note on your CCR file.
6) Resolve never to have dealings with Cabot again. The data breach they wrote to you about is extremely serious, see:
https://www.askaboutmoney.com/threa...ed-personal-data-of-people-in-arrears.237863/
 
I had a small (<40k) residual 0% mortgage with KBC, which was taken over by Cabot Financial when they withdrew from the market.
I figured I'd hear from them if I needed to do anything. Had thought of paying it off (wouldn't be an issue), but figured as it was at 0% might as well hold on to it.

How did you have a mortgage at 0%? If this is from a split mortgage, would that not be on your credit record as well?
Did you not notice that your repayments were no longer being taken from your bank account?
You had not kept your home address up to date with KBC.

Of course, Cabot are to blame, but you should have been on top of it as well.

Agree with redeeming the Cabot loan to minimise the risk of any future problems.
Write to Cabot telling them to fix your credit record.
Write to the Central Credit Register - there may be a facility on it to apply to correct your record.
Notify the Central Bank separately about Cabot's maladministration. They will write back to you telling you that they don't deal with individual complaints, but if they get a few such complaints, they may investigate. Copy this to Cabot.

If you have any other small loans outstanding, clear them.
 
Thanks all @TLO looks like a good action list, thank you

@Brendan Burgess KBC moved it to 0% I believe because they moved the loan off tracker incorrectly and (unsolicited by me) they moved the rate to 0% a few years ago. It is a residual mortgage - the property was sold and there was a balance left which KBC agreed to and I continued to pay - it wasn't a restructured loan.. I have alluded that there is a lot goes through my accounts and a few hundred euro a month coming out is not noticeable.

"You had not kept your home address with KBC" - frankly Brendan they had my email and they had my phone number, I was not responsible for the existing DD mandate being changed. In what other consumer sphere would this be a defence
 
Getting a final response from Cabot and going to the FSPO would appear to be the most straightforward path.

Your problem would appear to be speed of resolution of this issue. You need it amended quickly and financial bodies move very slowly. From previous topics here on the forum, no matter how hard people push large bodies for resolution the level of action is low. If you could directly contact a senior manager in Cabot you might get a faster resolution.

So @TLO list would likely get more action from Cabot more quickly.

Best of luck getting this all reversed.
 
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