Helps if you read the question properly rather than firing from the hip like you usually do. I was asking if the bank are right about me being unable to complain to the FOS. I don't recall asking that here? Maybe I missed that? Whether you think there is merit or not in my doing so is not what I was asking and honestly mate, I don't care (I'd prefer it if you didn't reply to any of my threads because I could do without the unpleasantness). Again, out there is anyone who might have a view, the bank have written back saying that I cannot go to the FOS because this happened more than 6 years ago Anyone any idea if Is this correct? I would have thought when they sold it on to the DCA in 2019 that might be a point for me to argue I became aware they didn't re-schedule the loan when it went off to collections?

Dear all, I have an old loan started in 2004. Defaulted 2006. On CCCS DMP until 2008 and then back to original creditor. OC sold it to Cabot 2018. I made a complaint to the OC last year querying the correct balance sold on to Cabot. Essentially that the amount was incorrect because they added the 5 years' worth of preloaded interest at default in 2006. They have written back saying tgat because this happened more than 6 years ago I cannot go to the FOS. Is this correct?

Huh?

They're allowed to claim the pre-loaded interest even if the loan does not go to term? What should their CCA state to make that enforceable? Also, how does this scenario differ in any material way from what Masterloan have done (my other thread)? There were express terms of repayment of the capital plus interest over 60 monthly instalments. However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled? P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them to ‘call in’ the entire amount of interest on the 5 year loan? Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause. If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf Post 24 on my earlier AA thread for this loan...

Looking at my CCA from 2004, the AA added £3,862.40 interest to my £14,350 loan. APR 9.5%. Says total amount of credit was £18,212.40. When it defaulted in 2006, the AA didn't rebate the intertest, and I ended up repaying the full total amount of £18,212.40 down until they flogged it to Cabot in February. The circumstances seem very similar to my Masterloan thread i.e. is this pre-loaded interest that should have been off-set against the principle at Default)?

Aside from payments, what constitutes acknowledging a debt?

Yup, can't trust 'em. Are Cabot and Wescot the same company?

Its been a while since I have posted on this. My complaint with Cabot has been drifting on, I received letter from them yesterday saying that my complaint had gone for "independent review." Anyone any idea what DCAs mean when they say that??? Who could they possibly use for an "independent review"? Are they implying they are taking counsel's opinion?

Sharklays via Wescot rejected my counter offer, and have instead reverted to asking for 80% (not 30%) of their claim. I have withdrawn my offer and await their next steps.

Ok, fair enough.

Letter received today from wescot offering a 70% discount if I settle. If I dont, they say Barclays will pursue whole amount. 70% white a hefty discount though isnt it?

Re Masterloan, Wescot are bombarding my mobile 'phone with texts. 3 or 4 a day minimum. Although I tried to block their number they seem to find a way to send them. Is there any way I can block Wescot? I know I don't have to answer but justb seeing their name in my messages is upsetting. I got a 'red letter' from them but just filed it under 'i' for ignore. How long begore Barclays give up and sell it on do you think?

Hi, no. It was all kosher. You see, the disputed Masterloan is so old (2003) it never impacted on my other accounts with them until I stopped the AP. No matter, I don't want their lousy CC anyway. I will pay the balance off and be done with them. No sign yet of the bank selling the old Masterloan debt on. Their cockroach friends at Wescott keep upping the ante but, as you say, are powerless while acting as agents.

Barclays have withdrawn my CC while it still has an overdrawn balance. It was being managed well and I always met my payments. Thankfully however it is not a massive debt. Presumably they have done this because I stopped paying the old Masterloan and this has gone to Wescott (who are bombarding me with calls). That's fine and I don't want their credit card anyway. However, I am worried that they will automatically proceed to trash my credit files by showing the balance as "in excess" of my zero limit, which is exactly as they are showing it on my banking app. This would be very annoying, as I paid well over the minimum balance this month before they just unilaterally pulled the plug on my account without notice. Is there anything I can do about that happening?

When you get your doorstep visits what do you do?

It was a question. Thank you for reassuring me.

I've looked for the ICO guidance on when defaults should be filed without success. Can you post up a link?

Wescot are pestering pretty bad. So far (both) just calling and texting my mobile. Out of curiosity, are DCAs allowed to call or visit me at my place of work?

Letter from barclays on saturday saying wescot will be managing account on their behalf. What became of moorcroft. Texts today from wescot. Withheld number so unable to block. Ignoring everything.

So I'm in a situation where its statute barred (possibly) and they can still issue a DN despite not having been paid for 8 years. That's messed up.

This will be the 3rd time Barclays have filed a default for this loan with the CRAs. The last 2 attempts were outside the 6 years. Looks like I have to battle them again over that. Takes ages.

Also it was once part of an old CCCS dmp, never defaulted though - but should it have been if managed by the CCCS?

Is the judgement going to appeal?

Presumably by that you mean there is no certainty, and you do not know if it is both statute barred and unable to default after 8 years of zero payment?

Letter in post today from barclayloan (not moorcroft) saying they are now going to commence charging interest and late payment fees on the balance. And reporting to CRAs.