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Proof of default from Royal Bank of Scotland Mint Card

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]Hi guys,

This is my first post on here so please be kind. I defaulted on a Mint card way back in June 2007 for £4,500.

At that time I was in dispute and refused to pay monthly payments until this was sorted. I then heard NOTHING for five years and for the first 18 months of that the debt appeared on my Credit Expert file as an ongoing 3 ball. last year however, I received a letter from the dreaded Arrow Global who informed me they had 'bought' the debt from Mint.


I asked a barrister who informed me that selling a debt is unlawful, but non the less they are still taking people to court and winning!

I got onto Mint and asked for proof of being in 'default'. they sent me a letter telling me when I defaulted and the date they CLAIM to have sent the letter out. However, they also told me they could not send me a copy of the default letter as they are printed and sent out automatically.


My questions are these:

Can a non- regulated debt collection company like Arrow Global really take me to court and WIN?

What can I do to verify whether Mint have ACTUALLY registered a default against me and if it is legally binding?

Can they do this if there is no legitimate proof of my going onto default?

Can Arrow Global still take me to small claims court without a proven default notice?

What can I do to fight this and sponging ambulance chasers like Arrow global?

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It was June 21st 2007 according to them? Also, when I put it to them that the 6 year thing is up this June, the girl on the phone told me that they could still chase me for the debt even though it had to be withdrawn from my record.

Are they bull****ing me I wonder?

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"According to them" is not what you want, do 'you' know when you last made a payment ?


You can't go by them, they will tell you anything to get you to pay.


If it is over six years, then yes they can still chase you as the debt will always exist, but they cannot take legal action against you to recover it.

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I was also told that the six year rule only applies IF no communication from either side has taken place during the WHOLE of those 6 years. Is this true? if it is, I shot myself in the foot getting in touch with the sods (Mint).

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No, you can send them all sorts of letters including Christmas cards if you want, but unless you actually admitted to owing the money, then it is not an admission so SB would be in effect.

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I actually last made a payment in 2006! Does this make a difference? Or is this all done from the default date? Thanks for all your advice by the way.

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IHTM28384 - Law relating to debts: statute-barred debts


If a lender allows time to pass without receiving any payment an action for recovery may become barred.

Under the Limitations Act 1980 the time limits are


  • in simple contracts, 6 years
  • in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

These instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 12th edition at Chapter4.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

Abbey Settled 3,600:cool:


Just started battle with


Virgin CC





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I'm a wee bit confused as to what i have done? I will copy and paste the part of my letters that this might relate to and welcome your advice. The below dialogue is the nearest I have been to admitting that I owe anything to either Mint or Arrow Global. Is it enough for them to act upon i wonder?


To Arrow global on 13/1/13 I wrote


Thank you for your letter dated 09/01/13. Though I acknowledge the agreement made with RBS I would point out that we have no knowledge of any such debt being owed to Arrow Global or Fredrickson International and that only the original creditor can issue proceedings against a debt and NOT a third party such as your company. Also, as this account has been in dispute since 2005, no third party should be contacting me regarding this matter. I owe Arrow Global NOTHING.*


And to RBS on 12/1/13 I wrote



I have recently been receiving demands for £4.500 from Arrow Global. A copy of their latest correspondence and my reply are enclosed


A brief overview :


The above account was put into dispute back in 2006 as the Mint Card Services (RBS) put the account with a debt collection agency without it being near a default situation.

A case was opened with the FO who sent a ruling to the RBS that a '3 ball' on my Equifax report was an unreasonably short amount of time to call in an outside agency and the matter should have been dealt with via The RBS recoveries department.

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You have acknowledged entering into the agreement, but whether that acknowledges the debt, I dont know.


I dont know where your barrister obtained his information, but the purchase of delinquent debt is big business and is quite a profitable and LEGAL action.

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