Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Cabot chasing old RBS credit card 'debt'

    I need help again guys

    I received a lettericon from a DCAicon advising they have bought an old credit card debt.
    I received a Termination notice from the original creditor in December 09
    and the account was disputed in 2010 after a CCA Requesticon.

    On receipt of the agreement,
    I was advised on here that it was unenforceable.
    I stopped making payments over 5 years ago
    but not quite 6 ( via a debt managementicon company).
    The dispute was never resolved and they eventually stopped harassing me.

    Could you please advise what I should do now?


  2. #2

    Default

    Nothing at the moment.


    Keep letters and see how this develops.


    If they start threatening any court claim,
    you could send a CCA Requesticon,
    as this new company might not have a copy and it might take time to get hold of.


  3. #3
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    Default Re: Old credit card debt resurrected

    Thank you, this is my plan.


  4. #4

    Default Re: Old credit card debt resurrected

    Not vital but something worth spending 10 on.

    You could do a full Subject access requesticon to the ORIGINAL creditor to see what you can dig up. EG PPIicon, unlawful credit card charges etc.
    Apart from opening up possibilities for reclaims, you would also have paperwork that may give you options to add to your defence should the current owner issue court papers.

    Knowledge is power, so make sure you have more than the current debt owner

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  5. #5
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    Default Re: Old credit card debt resurrected

    Can the new owner also send an SARicon request and acquire the same information and shouldn't all the relevant information be on the account they have bought?


  6. #6

    Default Re: Old credit card debt resurrected

    When debt buyers purchase debts they normally do so in bulk and they normally only get details like name address account number and balance etc.

    They can request copies of documentation regarding the account. BUT not to the same level as you can regarding a Subject access requesticon. (SAR)

    A SAR is governed by legislation in the Data Protection Act that allows "You" as the "Data Subject" access to all personal information regarding yourself. Heres the thing, the debt buyer cannot request that level of detail. A Debt purchaser cannot do a subject access request.

    Many claims fail as the DCs cannot get the correct paperwork.

    One such example of this being helpful is should it go to court and they produce a "reconstructed Credit card agreement" using information they "think" is correct, you may have information provided by the Subject Access Request that proves some of the info provided in the recon is not accurate and therefore unenforceable.

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  7. #7

    Default Re: Old credit card debt resurrected

    they will only send you what info they hold on you and that is diddly squat. Dont communicate with them in any form as I doubt they have bought the debt otherwise you would have had a proper letter of assignment and you would be told exactly what the debt is and signed off by the company selling it to this DCAicon rather than from the dca


  8. #8
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    Default Re: Old credit card debt resurrected

    I don't want to mention company names at this stage as I know DCAicon trolls search these threads for information relating to themselves.

    I think they may have purchased it because their correspondence outlined the debt and value, they also enclosed a letter from the original creditor advising me that they had sold the debt to them, but not an official letter of assignment.

    The letter from the OC was unreferenced with no account number.
    But maybe you are right, they may be having another pop at it before it expires.

    They have asked me to ring them and they will help me with repayments,
    which I have no intention of doing.

    I've gone through my bank statements and my last payment to the debt managementicon company was April 2011, so sadly I may not have enough time to stall them.

    Do you think the OC will have an accurate record of when my payments stopped.

    The Default fell off my credit file a few months ago.


  9. #9

    Default Re: Old credit card debt resurrected

    please stop hiding important details
    name the original creditor
    the DCAicon
    and the debt managementicon company please.


    dx

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  10. #10
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    Default Re: Old credit card debt resurrected

    Ok sorry, just trying to protect myself.

    OC RBSicon, DCAicon Cabot

    DMC no longer in business went by the name of Astute Finance Ltd.

    I guess a lot of you will know Cabot's MO and I truly appreciate all your replies.

    Will send SARicon on Monday.


  11. #11

    Default Re: Cabot chasing old RBS credit card 'debt'

    great thankyou.
    if they pester again.


    CCA Requesticon time.
    what was your old username
    you say you've been here before?

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  12. #12
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    Default Re: Cabot chasing old RBS credit card 'debt'

    Yes, pretty sure user name the same, but possibly around or prior to 2009? Perhaps you can check from my profile details? I tried to revisit my past threads but none came up. Promise I'm above board.


  13. #13

    Default Re: Cabot chasing old RBS credit card 'debt'

    didn't say you were not above board
    cant find old posts mind
    but you registered may 2015
    must of just read like posts?

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  14. #14
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    Default Re: Cabot chasing old RBS credit card 'debt'

    Yes, didn't have a problem when I re registered, just wanted to see what was going on having recieved a couple of newsy emails from CAGicon


  15. #15
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    Default Re: Cabot chasing old RBS credit card 'debt'

    Another question please:- I also had another RBSicon credit card that is currently dormant, which expires in January 2017. When I submit an SARicon for the resurrected account, will it flag that one up too?


  16. #16

    Default Re: Cabot chasing old RBS credit card 'debt'

    Couple of questions for you:

    When did you open this account?
    Is it showing on any of the CRAicon files?

    Noddle and clearscore are free web based sites for access to your CRAicon files and will show account start date if they are still within 6 yrsicon of last payment


  17. #17

    Default Re: Cabot chasing old RBS credit card 'debt'

    I woudd suggest as with this card
    the others been sold too
    so no it wont hurt to SARicon


    dx

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  18. #18
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    Default Re: Cabot chasing old RBS credit card 'debt'

    Hi Martin

    The account was opened in February 2002.

    RBSicon terminated the account in September 2009 and I've disputed it ever since due to unenforceable agreement.

    It no longer shows on CRAicon, it dropped off earlier this year.

    However think I was still paying reduced payments whilst in dispute until April 2011.

    Many Thanks


  19. #19
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    Default Re: Cabot chasing old RBS credit card 'debt'

    I thought that too dx, but am hoping that one is still dormant.


  20. #20

    Default Re: Cabot chasing old RBS credit card 'debt'

    You definately need to SARicon RBSicon to get the full history on all the accounts you had
    Arm yourself with as much info as you can now in case they try a claim before it becomes sb


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