Cabot enforcing a loan over 6 years in default

[Worsteve]

Good Morning Caggers

 

Here is my situation. I have a loan from Lloyds TSB that has been on my credit report for over 6 years now. I have a Default Notice from Lloyds TSB that dates 22nd June 2010. I know that a debt becomes statute barred if you haven't made a payment for over 6 years.

 

I wrote a letter to CABOT sending them the Default Notice as they had very little information from the SAR I sent them. The letter also informed them of the above so they can remove the errant debt from my report. They responded saying that the debt will not be removed as it was not terminated until November 2010.

 

How should I respond. I know they are playing the game. Can I threaten them with court?

 

Your responses as always are greatly appreciated!

 

Regards

[citizenB]

When was the date of Default first recorded on your credit file? It is from that date that you should be counting 6 years forward where it needs to be removed from the file.

[Worsteve]

Morning Citizen B

 

I don't know when the Debt was first Defaulted to be honest.

 

 

Without complicating things too much,

a separate debt was added to my report (nothing to do with me),

and somehow got mixed up with the Lloyds TSB debt RESETTING the date on the credit report.

 

 

I did manage to remove this from my report, but the date still stands.

 

Now CABOT say the loan was terminated in November 2010,

I have a Default Notice from lloyds TSB showing 22nd June 2016,

at the VERY Least no payment was made up to that point.

 

I have an old credit report that just says the debt was 'Satisifed' on June.

 

How do I respond?

[fkofilee]

Worsteve... Stop. Why not go check your CRAs?

 

Noddle

Clearscore

 

Both are free

[Worsteve]

My CRA's don't tell the real story you see.

 

 

Due to the 'Errant' Debt becoming mixed up with lloyds TSB, they reset the time to remedy.

 

 

On my Credit Report is shows the TSB debt as being only 2.5 years old now!

 

Errant debt now removed,

CABOT have now acknowledged that the debt was actually terminated in Nov 2010,

however, I do have an older Credit Report I have dug up

and it shows that the account was dormant for 6 months then defaulted in June 2010.

 

I have tried to add an image here.

[fkofilee]

Okay and why not show us the account now? Through both Clearscore and Noddle so we can compare

[Worsteve]

Here is the one from the Noddle as it is shown now.

 

You can see that the date has been reset.

[fkofilee]

No it hasnt...

6 years from the date of default will mean its gone ... Roll on Nov 2016 Itll disappear

 

Not all financial entities report to all the CR Agencies. Sometimes they will start reporting during the life of the account anything up to 3 years after.

I would honestly stop kicking up a fuss

 

BTW - Stat Barred has nothing to do with the Default Date etc

6 Years No Payment / Written Acknowledgment In England - Debt Remains

5 Years No Payment / Written Acknowledgment In Scotland - Debt Extinguished

[Worsteve]

Here is what is stated on the Clearview report.

 

It states that there was an issue with Lowell (but that was removed as it was the Errant Debt)

 

There is nothing to suggest a Lloyds TSB Loan on it however. Unlike on Noddle.

[Worsteve]

Should I respond to them to get it removed from my report then?

[fkofilee]

Nope... I think you should let it run its course... Its 4 / 5 months till it drops off anyway.

Just leave it there. Lloyds didnt default it on your CRA until 6 Nov 2010.

 

Companies dont have to default you until a little while after the default notice has been issued.

 

high_level_prinicples_document_final.pdf

[Worsteve]

But realistically they can't enforce it and it should come of my credit report anyway as the default was clearly June?

[fkofilee]

Well it could have been before then. Basically when was the last payment? Have you made any written acknowledgment in the last 6 years?

Can I just mention that CAG Doesnt Assist with debt avoidance, but we like to help where we can.

 

HAve you checked for a CCA? IF so did they deliver?

Could be that Cabot attempt to do their usual thing of issuing a court claim 1 month before the removal off your CRA. But if they do and the last payment was more than 6 years ago...

 

Winner winner chicken dinner... Youll be looking at a Stat BArred Defence.

[AndyOrch]

But realistically they can't enforce it and it should come of my credit report anyway as the default was clearly June?

 

And there lies your dilemma....should they issue a court claim now.." they " will state its not statute barred ...even though 6 years has passed but because they recorded the default late in effect the claimant has managed to elongate the passage of time to 6 years and x months.

 

Andy

[Worsteve]

I can't remember when the last payment was. But it was certainly before 22nd June 2010, as the Default Notice I have in my possession shows this.

 

Lloyds TSB may have terminated the Loan in November 2010 but they clearly registered a Default on the 22nd June.

 

I have made no written acknowledgement in the last 6 years. There is nothing on either of the SARs to CABOT or Lloyds TSB to prove I have either.

 

I haven't checked for a CCA. I don't know what that is?

 

Thanks everyone.

[Worsteve]

And there lies your dilemma....should they issue a court claim now.." they " will state its not statute barred ...even though 6 years has passed but because they recorded the default late in effect the claimant has managed to elongate the passage of time to 6 years and x months.

 

Andy

 

Should I respond to the letter at all? After all the Loan was in default from prior to 22nd June, not November when they decided to cancel it. I have the Default Notice from Lloyds.....they don't have it as it wasn't in their SAR.

 

Cheers

[AndyOrch]

Yes you can send them a copy and ask why was it incorrectly registered...and request that they amend it...state that if they fail to do this you will escalate it to the ICO and also inform each CRA and request a notice of correction be entered.

 

Andy

[Worsteve]

Yes you can send them a copy and ask why was it incorrectly registered...and request that they amend it...state that if they fail to do this you will escalate it to the ICO and also inform each CRA and request a notice of correction be entered.

 

Andy

 

Good Morning Andy

I assume When you state CRA above that you mean Credit Reference Agencies? I have told them that the information they hold on file is incorrect but they keep it on my file. It shows that the debts time to remedy is only 3 years old at present (Due to the confusion caused by the errant phone bill), and they won't remove it from my report.

[Worsteve]

Good Morning all

 

Okay then so I wrote back to CABOT who had responded to my previous letter stating that they did not deem my Loan to be Statue Barred as it was cancelled in November 2010. This is clearly not Statute Barred, as I have the Default Notice dated 22nd June. I wrote back to them on the 14th July stating that they were incorrect and spelling out the meaning of Statute Barred, and that they were to remove the offending Loan off my report or I would contact the ICO. I have not had a response from them.

 

Should I report them to the ICO now?

[AndyOrch]

Yes

[Worsteve]

Yes

 

Many Thanks! I know this only has to run until the end of November however I am being prejudiced against getting an improved mortgage at this time.

 

I will write to the ICO and inform them of CABOTS misadventures.

 

Cheers