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cabot and old bc debt

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How long after non payment on a credit card can a default be applied on credit files?

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depends if you mean a default notice

which would give you 14 cal days to clear the 'amount stated'

before they 'could register the account in default in the summary

 

 

or

a simple 1 marker in the monthly summary.

meaning late or missed payment.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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It is normally placed after 2/3 missed payments..depends on the creditor and any arrangement you have in place and the reason for your question.?


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It is for Barclaycard. I had an arrangement with them then payments stopped in May 2009, sold to a dca but they are saying Barclays put a default date of sept 2010.

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I don't understand why B/shark have applied a default marker AFTER they have assigned the account to someone else.

 

It would normally have been done prior to the assignment.

 

It might be worth sending a Subject Access request to B/shark

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request


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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.

 

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Depends on the type of assignment (if assigned) or whether the DCA was just collecting...so in effect your question is why did they register it after 14 months?


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Depends on the type of assignment (if assigned) or whether the DCA was just collecting...so in effect your question is why did they register it after 14 months?

Yes, this is my question. I'm wondering whether to challenge this with the DCA and argue Barclaycard was wrong with their default date.

 

I wrote to Cabot disputing the default date, and also asking for a historic detailed statement, but Cabot wrote back stating:

Barclaycard sent me a formal demand Aug 2010 (I didn't know about this as I had moved and didn't inform them).

As no response, default was registered Sept 2010.

Account sold to Cabot Dec 2010.

 

They also confirmed my last payment was May 2009.

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Is it causing you any problem before you attack...normally in situations like this we would advocate a challenge if they had issued a court claim and it came down to a point of statue barred...IE the claimant had registered the default late and was in effect preventing the Statute of Limitations to be truly reflected.Therefore data was being incorrectly recorded.

 

Have you real cause for grievance?

 

Regards

 

Andy


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It is not causing me any problems at present although Cabot are now pestering me for payment, I had hoped I could pick them up on this and delay their pestering and also cause them some extra work.

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Well I personally would retain that little gem in the event that they ever do litigate...they could correct it now and instigate a claim...were as let is fester and as the time closes and they should instigate a claim ...it would most certainly form part of any defence.

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So, am I correct that Barclaycard should have defaulted earlier?

 

If I just ignore them, I assume they will carry on pestering me for payment.. what would then happen?

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Yes they have a duty to the ICO to report the correct data and follow the their guidlines and follow the procedures of the CCA1974

 

Let them pester ...dont respond.....look you only ever take action when a blue claim form lands on your mat from Northampton...anything proceeding this should be ignored.Put their letters in a file and set your phone to answer phone.


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Thanks for the advice andyorch :)

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:yo:

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theres no real remit anymore as such that allows you to challenge a late default

the ICO changed their guidelines slightly not to long ago.

 

seems like BC was actually doing you a favour by not entering a default

but then had to before they sold it.

 

post 7 confirms it

 

when is the card from?

 

have you CCA's cabot.

 

else I'd drop letter tennis invitations

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I thought it was still after 3 to 6 months of non-payment. If ICO have amended this, could you please post link to the relevant page? I just tried - quick search admittedly - but failed. Would be nice if you have it to hand.

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I think it was something to do with this

 

 

stuffed the challenging AP markers with no default too.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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theres no real remit anymore as such that allows you to challenge a late default

the ICO changed their guidelines slightly not to long ago.

 

seems like BC was actually doing you a favour by not entering a default

but then had to before they sold it.

 

post 7 confirms it

 

when is the card from?

 

have you CCA's cabot.

 

else I'd drop letter tennis invitations

 

dx

You could be right there DX.

 

The card was opened 1998. Agreement started 2001 until payments stopped 2009.

 

I have not sent a CCA to Cabot. They did say in a letter that Barclaycard were unable to supply statements, so doubt they will have a CA.

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Send a section 77/78 then ...that will decease the pestering:madgrin:


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If I send a CCA to Cabot and they can't provide one, what happens then.. is it unenforceable?

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yep

 

 

and they can go bugger and off

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks, is it this letter please?

 

[removed]- dx

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CCA request

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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CCA request

 

 

dx

 

Thanks. Sent the letter and postal order (cost £1.50 :o ).

 

Received a letter back saying they are requesting the info From BC and will get back to me.

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Yes, charges for postal orders has increased :(


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

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