Cabot and Citi Card debt

[MARTIN3030]

I was reading a post today on another website.He had an old debt which was nearing the end if not actually at the end of the 6 year statute barred.

Apparantly the person made an admission of liability toward the debt and was told the 6 years then had re-commenced.

Never heard of this before and wondered if it was actually true ??

 

[alanfromderby]

Yes, that is the case. If the debt is acknowledged just one day before the end of the six years the clock starts again.

[alanfromderby]

On the flip-side to that - if you admit the debt one day after the six years, the debt is still unenforceable.

[welly]

Royal Bank of Scotland closed my account years ago and passed on the debt (mainly their charges to a debt collection agency). Anyway, I've been paying them £50 month for a few years now.

 

Sent request to RBS for a refund of the charges, then sent a Data Protection Act letter with £10. They have responded stating that they havent taken any charges from me in the past 6 years. So does anyone know where I should go from here. They appointed some solicitors in Preston (tel 01702 460041) to collect the debt which I'm still paying.

 

Thanks

 

Saudi

That Phone number is a Southend-on-Sea Essex number if it is 01702 and RBS have a large office as well by southend airport so is the solicitors just them???

[MARTIN3030]

Thanks for confirming this Alan.

 

It does explain a few things too..........including why there is such resilience against admitting liability from certain quarters !

 

[alanfromderby]

It has to be remembered though, that the limitation can be overturned in cases of fraud, concealment or mistake. Something that I am testing with my claim against Bristol & West.

[MARTIN3030]

Yes I am aware.

 

I recently got some compensation for a claim that went back to 1973 ...actually claim was started in 1992 and the solicitors had to apply for limitations to be excluded.

Was argued that at that time the right to bring a prosecution was not realised

and only after information was given that it was possible to do so was action commenced.

The case was allowed..........and finally settled last year !!

[Sophie-Jane]

Consumer Credit Act 1974

 

Does anyone know where I can either get an elctronic copy (Web Based) or even view this document in person

 

I have tried to search the web, this site and many other sources, but keep coming up with the 2006 amendments to the Above Act

[MARTIN3030]

Sophie theres lots of stuff about this in the default/legals section including temp letters that outline sections of the act.

[Sophie-Jane]

Thanks Martin

 

I seem to be having problems reporting this to Trading standards

 

Especially about the following

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

Thay are still looking into the info, but keep saying I sould go to the original creditor

But if Section 189 is right, I should Not have to

:confused:

 

 

[MARTIN3030]

Sophie my experience with dealing with trading standards is that they are not completely clued up on this and are like you........relying on what they can find.

I have recently reported here that the TS actually asked ME to give them the sections I believed were being breached...but if you are making a complaint it is of course THEIR job to clarify this.

 

It is a good idea when sending off a cca request to send them both to bank and dca and thats what I have done.

The legislation is clear enough that the law refers to both the original and any subsequent additional collection.

 

The ammendments since 1974 to the act do not detract from the sections that you would be using and the 74 act therefore still covers your requests.

 

Hope this helps..........a little more !!

 

 

[Pimp Cat]

afternoon all,

 

I have read through this thread a few times and eventualy got my head round it! (thanks thunderpuss!) am i am most deffinatly sending off the letters. If however the DCA doesn't have the original agreement is that sufffient grounds to reclaim any paments that have been made? or does it just write off the rest of the debt??

 

Thanks.

 

Colin.

[MARTIN3030]

Col,

 

The debt becomes unenforceable after 12 days if they dont produce.

They then have an additional period which takes the total to 1 month after which time they cannot enforce at all and are in breach if no papers supplied.

 

If the original default was made by the bank its their job to remove it and you can deal with that alongside your charges claim.

 

Once it can be seen that the penalty charges forced the debt,then you can go on to make a claim for any monies paid.

 

You can say in your defence if the dca makes an arguement that you never disputed earlier the charges, that you were unaware at that time that the charges were unlawful.

[totallylost]

Has anyone heard anything from Cabot yet??

 

Candice, what do you mean at 10% of the cost??? Did you send 10p???

[andrew1]

There's a thread on Cabot. Don't think many of us have though.

[Pimp Cat]

So i sent scotcall the template letter that thunderpuss gave me. and i recieved ths the 2 days later.

 

Dear sir

 

Thank you for your recent communication regarding the above account.

 

Due to the content of this letter scotcall will now return this account to our client.

You will hear no more from scotcall regarding this matter. This account will be returned as disputed. You will now hear direct from the client regarding this outstanding amount.

 

if you contact your creditor directly for any further details required on this account.

 

If you have any further queries or problems please contact your creditor directly.

 

yours faithfully......

 

 

I take it that they didn't have the correct paperwork as thats a pretty quick turn around for passing it on. Should i now send the same letter to the bank the debt was from?

Can they even do this as they havent said either way if they have or haven't got the information i requested.

 

Ideas and thoughts please guys.

 

Thanks Pc.

[Movingon]

PC - just sit tight and await contact from the original creditor. ScotCall obviously don't have the right documentation and therefore cannot enforce the debt. Hopefully that will also be the case with the original creditor too, but if not you may have to pay it; just offer them a minimal monthly amount and tell them it's all you can afford.

[Pimp Cat]

if scotcall don't have the right documentation and have passed the debt back to rbs. should they have not been collecting the debt in the first place. (would this be grounds to reclaim the money i have paid them or shall i wait a bit and see what rbs have to say?

 

Cheers.

 

Pc.

[MARTIN3030]

if scotcall don't have the right documentation and have passed the debt back to rbs. should they have not been collecting the debt in the first place. (would this be grounds to reclaim the money i have paid them or shall i wait a bit and see what rbs have to say?

 

Cheers.

 

Pc.

 

If the debt arose from unlawful penalty charges then you shouldnt have had to pay anything.

If the account with the Rbs is in dispute recovery efforts have to be suspended anyway.

Are you dealing with Rbs recovery in Telford ?

[Pimp Cat]

the debt with rbs that was passed to scotcall was mostly made up of charges. the limit on the credit card was 2k, when the debt was passed out it stood at just under 3k. so yes its mostly charges. although there is only 1.3k left as i have been making lots of effort to get out of debt.

 

I haven't started action against rbs yet but i will be sending off the S.A.R - (Subject Access Request) to them this afternoon.

 

Cheers.

 

Colin.

[MARTIN3030]

Colin for your SAR heres the address

 

Joyce E Tudor

Retail Regulatory risk

Business house B

P.O.Box 1000

Edinburgh

EH12 1HQ

 

 

I am at the lba stage (in fact expires today)

 

They did not send any man intervention notes with the statements as I too am challenging a default.

I made a separate CCA request to their collections and recovery office,which will save you time.This is the address you will need for any comms with regards to defaults on your account.

 

Mrs.Vernon-Free

Customer care

Credit Management services

Kendal court

Ironmasters Way

Telford

TF3 4DT.

 

I have now rec 2 letters from them saying they need more time to get the docs together (Copies of the default notices/deed of assignment etc)

I have given them a further 10 days,which will show that I have given them reasonable opportunity later on.

I am unsure whether they are stalling me or genuinly snowed under but the results of my communication will no doubt be interesting for you.

[Pimp Cat]

thanks martin, although i was going to use the

 

Mint

Customer Service Centre

PO Box 6050

Southend on Sea

SS99 1WL

or

CRA ENQUIRIES, CREDIT CARD OPERATIONS CENTRE, PO BOX 6050, SOUTHEND ON SEA, SS99 1WL

 

 

as the bottom one is the address listed under usefull info in the credit file check i ran. also, don't you need an english address to enter on the mcol forms?

 

your results will indeed be of intrest to me, and i would be very greatfull if you could keep me updated on any developments you have.

 

do you think i should send the CCA request to that address today? or wait and see if they send me anything as scotcall has passed it back to them.

 

Cheers.

 

Colin.

[thunderpuss2k]

CRA ENQUIRIES, CREDIT CARD OPERATIONS CENTRE, PO BOX 6050, SOUTHEND ON SEA, SS99 1WL

 

I used that when I wrote to Mint, and had a response a few days later. Not that they actually sent anything following their standard template letter, and it's way over 30 days now

 

If you've written to Scotcall disputing the debt and saying you've contacted their client directly, you should do what you said you've done, and write to their client. Helps keep the paper trail in order, just in case you need it at a later stage.

[MARTIN3030]

Yes Colin send the CCA request......using the letter in the temps folder,or one of the others in the defaults sections.

Rbs have their own collections centre at Telford and this is where it would have been dealt with before going to scotcall.

 

There is no way they will give you any info about defaults etc until you ask for them (and as its been shown even after this they are very slow)

 

I will let you know how mine goes.

 

I have sent an e mail to their litigation officer today telling them their time is up.

I think they are using my default enquiries as a means of stalling my main claim,but I have reminded them that its a sep issue,and can no way allow an extension to the Lba.

If its not sorted by the court date then I will tie it in with the main claim as a condition of settlement.

[Pimp Cat]

I used that when I wrote to Mint, and had a response a few days later. Not that they actually sent anything following their standard template letter, and it's way over 30 days now [/font]

 

What did you send to that address? the SAR ? or the CCA?

 

If you've written to Scotcall disputing the debt and saying you've contacted their client directly, you should do what you said you've done, and write to their client. Helps keep the paper trail in order, just in case you need it at a later stage

 

I didn't say that i had or would contact their client, it was them that sugested any futher communication should be direct with there and that their client would contact me.

 

martin, I will knock up a letter or rather slightly change the one thunderpuss sent me and send it off today.

 

 

I take it that nothing bad can happen by doing all this, even if they come back with everything i ask for, it just means i'll have to carry on paying it off.

 

cheers.

 

PC.