RBS mint card - Account already in dispute

[euro67]

Hey,

 

I had a credit card with RBS (Mint) a lot of years ago.

 

In 2009 I was being chased by Wescot and after sending them a CCA request which they failed to respond to,

I sent an Account in dispute letter.

 

Around 1 week later, I got as reply from them stating that they had

"received instructions from their client to withdraw the account and therefore, you should receive no further contact from Wescot in relation to this matter."

 

Now, 4 years later I received a letter from ARC (Europe) Ltd. chasing me for the same debt.

 

So where do I stand, is the account only in dispute with the original DCA (Wescot) or is this now a new account as it is now being pursued by another DCA (ARC Europe)??

 

I am thinking about sending them a CCA Request assuming that they do not have any paperwork and then put the account in dispute again

but is there a quicker way for me to nip this in the bud given the history?

 

Thanks

Euro

[DonkeyB]

If it’s the same account, then it remains in dispute. Change of ownership or DCA does not change this.

 

Are ARC chasing on behalf of RBS, or has the account been sold? ARC normally collect for Arrow Global, so if it has been sold to Arrow, or anybody else, you should have received a Notice of Assignment.

 

ARC are well known for their association with disgraced solicitor Trevor Munn, who was given a rather large fine earlier this year for certain practices conducted on behalf of ARC – see here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382140-Trevor-Munn-Solicitors-in-the-poo-with-ARC-(Europe)

 

When was your last payment made on this account?

 

If it comes to it, simply advise ARC of the previous CCA request to Westcot and state that the account remains in dispute.

[BRIGADIER2JCS]

Hi Welcome to Cag,

Does this account show on your credit reference files?

When was the last payment made the account, have you made any written acknowledgment of the debt?

Check the credit files to see what the default date is?

[euro67]

Thanks both for replies.

 

No, the account is not on my experian or Equifax credit files.

 

The last payment I made would have been around mid 2009 and I have acknowledged the debt in as much as when Wescot were originally chasing it,

I was paying them a small amount each month for a while.

 

They then started asking me for more than I could afford and thats when I sent the CCA request.

 

Since their response that their client has instructed them to withdraw the account, I have heard absolutely nothing about this account.

 

I never received a default notice on this account (as far as I can recall but if I did I would have kept it and there is nothing in my "Mint" file haha!!

 

DonkeyB, not sure if they are chasing on behalf of RBS, but their letter says "Original Creditor; Royal Bank of Scotland, MINT Visa Gold"

I think they have bought the debt as other wise it would say the RBS were their clients I assume, and it doesn't.

 

Q. Should I send a fresh CCA request or just a letter stating that the account is in dispute since August 2009 and under the terms of that dispute, they are not entitled to ask me for any payment owards the account or words to that affect?

 

Thanks,

E.

[DonkeyB]

Original creditor = sold.

 

If you have had no Notice of Assignment, then frankly you cannot actually be sure it’s even the same account. What makes you sure it’s the same account?

 

Maybe first send the ‘bemused’ letter, stating you know nothing about it. In truth, you do know nothing – without an NoA, they don’t own it, and you believe you once had an account with RBS.

 

Not trying to suggest you be arsey with them for nothing, but with no NoA they are not entitled to ask for anything and you can’t be sure they’re entitled to anything at all, irrespective of any existing dispute. After all, if I wrote to you and said please pay your electric bill to me rather than the electricity company, you’d tell me where to go, wouldn’t you? Same applies here.

 

No NoA, no engagement.

[euro67]

I know it's the same account as it has the Account No. (Card Number) on the letter so I don't know if I can refer to the Wescot Account in Dispute letter without acknowledging that I know what account they are talking about.

 

From reading your replies I maybe would be best to write to them and say that the account is in dispute and that I do not acknowledge any debt to them as I have not received a formal notice of assignment from them. And as far as I am concerneed the account remains in dispute. Would this be enough do you think?

 

And yes of course, Original Creditor = SOLD !! Thanks.

[BRIGADIER2JCS]

What default date is showing on CRA files please.

[euro67]

The account IS NOT listed anywhere on either my Experian or my Equifax files. It's as if it never existed.

E.

[BRIGADIER2JCS]

The account IS NOT listed anywhere on either my Experian or my Equifax files. It's as if it never existed.

E.

 

Hi Euro now this is odd, can you say when this was defaulted?

[euro67]

I dont remember ever getting a default notice on this. Way back when ran into financial problems the account was passed to Wescot but I dont think i ever got a default notice. Iay be wrong but it definayely hasnt shown on my CRA files since i started checking them 18 months ago.

 

Weird.

[citizenB]

You could always send the letter below in order to establish who does own the account.

 

[ATTACH=CONFIG]45023[/ATTACH]

[BRIGADIER2JCS]

Have you paid anyone regarding this in the last 6 years, or have I missed something?

[citizenB]

Have you paid anyone regarding this in the last 6 years, or have I missed something?

 

The last payment I made would have been around mid 2009 and I have acknowledged the debt in as much as when Wescot were originally chasing it, I was paying them a small amount each month for a while. They then started asking me for more than I could afford and thats when I sent the CCA request. Since their response that their client has instructed them to withdraw the account, I have heard absolutely nothing about this account.

 

 

 

Thanks,

E.

 

Looks like OP was paying Wescott in 2009, Brig.

[dx100uk]

pers i'd ignore ARC.

 

you start letter tennis again

 

it'll never die.

 

it puzzles me as well as brig it is not cra shown

 

have you tried noddle [see below]

 

they often have old data other don't carry

 

dx

[mcg68]

Just checked Noddle (hadn't heard of them before) and there is no mention there of the Mint card. I also checked on checkmyfile.co.uk and nothing. It hasn't been on there for years either.

 

So, what does it mean when it isn't on my CRA file? Is that a sign that the debt has been written off, possibly at the time of the Account in Dispute letter?

[BRIGADIER2JCS]

Hi, an account not appearing on CRA Files can mean a number of things.

 

1. The Default was placed on the CRA files more than 6 years and has been automatically removed on its 6th anniversary.

2. The original creditor has removed the entry on selling the debt to a debt purchaser/DCA.

3. The debt purchaser has failed in its duty to up date the files as required.

4. Total incompetence on the part of OC & Debt purchaser.

 

I see you were paying Wescot in 2009, when did this arrangement actually start please?

[euro67]

Cant remember exactly, but I was paying them for a while, maybe 6 months?

[dx100uk]

well then an sar to minrt is the only way to find out

 

or ring mint and ask

 

when was your last payment?

 

dx