Jump to content


Proof of default from Royal Bank of Scotland Mint Card


Please note that this topic has not had any new posts for the last 2805 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

]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?

Link to post
Share on other sites

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is up this June, the girl on the phone told me that they could still chase me for the debt even though it had to be withdrawn from my record.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?

Link to post
Share on other sites

"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.

Link to post
Share on other sites

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).

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

EGG

Virgin CC

Abbey

MBNA

 

 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...