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Cabot and RBS Credit card Debt - Statute barred?

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In Aug 2010, The Royal Bank of Scotland terminated my current account and associated borrowing.

 

At the time, I had 2 current accounts and one credit card. The debt on the accounts is £0 and £834 respectively.

 

It was initially chased (although not sure why they were chasing a balance of nil) and I never made any payments, wrote to them, answered their calls etc.

Both these accounts show on my Credit File as defaults.

 

However the date doesn't show 2010 as it should but 2013 and 2014 presumably when they last updated them.

 

The credit card balance was £7k+ and was again chased by RBS but again, no payments were made, calls answered or letters written.

 

This debt never appeared on my credit file despite passing through the hands of numerous low level debt collection companies until last year when it was picked up by CABOT. They are calling and writing on a regular basis but again, neither are acknowledged.

 

No court action has been taken on any of the three accounts.

 

My questions are therefore -

Are the debts now statute barred (5 years in Scotland)

 

Why do the dates not reflect the dates of my last correspondence with them?

 

Should I write to RBS and CABOT stating they are statute barred and asking them to be removed?

 

Thank you.

Edited by dx100uk
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All depends when the creditor actually defaulted the agreements and notified the CRAs...which is not always necessarily 3 months after the breach as per the ICO guidelines.

 

Regards

 

Andy


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If cabot has it then its 99.99% unenforceable. Time to do your homework and find out why. Proof of this is its already been passed around multiple DCA's already. And for 7k, the OC would have taken you to court themselves.


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Were the debts taken out whilst resident in Scotland?


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Thanks.

 

Debts were taken out while resident in Scotland.

 

The current account defaults are both duplicated in my Experian Report.

 

The accounts were terminated in Aug 2010 and both show a default date of 28/2/2011.

 

However, there is another default date shown on the report of 31/3/2013 shown on the one with a zero balance.

Should both of these come off in Feb next year?

 

As for the credit card, I was unable to continue paying this in 2010 but the default wasn't registered with the CRA until 18/4/2013.

 

What should I do next with these?

I want them off my Report asap.

 

Thanks again.

Edited by dx100uk
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So all are now totally extinguished under Scottish SB rules so do not exist.

 

As for the credit file

They will remain there for 6 yes from defaulted date

 

If the defaulted dates are wrong

Then you need proof of 3rd missed payment or copy of org default notice

And write to whomever is the owner of the default

And demand it is corrected within 1£4 days

Else a complaint will be raised with the ICO

And compensation sought

 

Dx


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Debts are SB but the banks especially are deliberately not issuing default notices to stretch out the time before the debt becomes SB.

This means that with a bit of creative reporting they can get 11 years before it shows as being SB if you allow them to play that game.

 

 

They will claim that they spent 5 years discussing the matter with you in an attempt to resolve your financial problems or they may claim that they had lost contact with you and were not reporting a default until they were certain of your new address

(even if you hadnt moved, they would then claim they needed to ascertain your identity properly).

 

Abuse of process

so inform the CRA you dispute the entry and then use the guidelines for debt collecting activity to go after the bank and Cabot.

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Except that sb on normal debts start from last date of payment


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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UPDATE

 

I never got around to chasing this up

a recent check has shown that the duplicate bank defaults have dropped off a few months ago.

 

I'm now left with two defaults,

the original lender, RBS and Cabot.

 

Both are for the same credit card.

I'm now going to pursue this.

 

Are there template letters to use (Scotland) to send to both the original lender for all the relevant details and to Cabot to eventually get the defaults removed?

 

Thank you.

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If its the same account number/agreement .....its irrelevant..you can only be defaulted once.


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Thanks, thats what I thought. Are there templates for these letters. I don't want to write to them in the wrong fashion and trigger another 5 years if not SB.

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no need to write anything

the two defaults for the same debt are not double harming you.


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But I'm disputing the dates. They say 2013, I say 2010. If 2010 I should get them removed but I need information from the original lender (RBS) and/or Cabot. Will any letter do or is there a specific template so I don't reset the clock so to speak.

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you sar the OC


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But I'm disputing the dates. They say 2013, I say 2010. If 2010 I should get them removed but I need information from the original lender (RBS) and/or Cabot. Will any letter do or is there a specific template so I don't reset the clock so to speak.

 

Ah...that wasn't in your initial post # 9.So you need the date corrected only.

 

Following thread explains in detail how to amend data with creditor and CRAs.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479229-Arrow-put-debt-back-on-Experian-with-bogus-default-date-OCs-DN-was-2006!!/page2


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Will payment of token amount extend the duration when statute barred will occur?

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Will payment of token amount extend the duration when statute barred will occur?

 

Yes


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OK get thanks.

Last question.

In order to make sure I have the correct information before asking for a Notice of Correction,

 

can I request relevant details from the original lender (RBS) without jeopardising my position?

 

I guess I should ask for a copy of the default letter and when the last payment was made?

 

Should I ask for any information that has given them the idea that the day was 2013 such as a fictitious payment or perhaps phone contact?

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phone contact cannot reset SB date

 

 

as post 14 then


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wont be whan last payment was made,

it will the the date the debt was last acknowledged so ( for example)

if you wrote to them 2 years ago saying that you cant afford to pay them

that would be read as acknowledging the debt is yours

and that contact would be the date used for starting the SB clock.

 

 

Also that theoretical letter wouldnt change the defaut date

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Hi guys, this must be th elongest running thread on here. Anyway, I have an update following on from a SAR made earlier this year.

 

The original Credit Card issuer was RBS.

Payments were made up until April 2013.

 

Since then, no payments have been made and there was no written or telephone contact with RBS.

The amount owed has been fixed after that time and never increased.

 

Furthermore, it doesn't appear that a Default Letter was ever issued by them as there is no copy in the SAR documentation.

 

The Debt was "sold" to Cabot in 2016 and I have never communicated with them in any form yet they still keep sending me letters periodically.

 

My credit file has Defaults on it from both RBS and Cabot.

 

Am I right in thinking that the debt is now statute barred?

If so, do I write to RBS and Cabot pointing this out and asking them to remove the Defaults?

Is there a template?

 

Thank you in advance. I'm nearly there with this. :-)

Edited by dx100uk
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statute barring and defaulted date are not the same

and NO just because you have now proved the debt IS extinguished that doesn't mean the default can be removed

two totally differing things.

 

as for no DN copy in the SAR

they don't have to provide that

all they have to do is show one WAS sent

that info will be in the account log/comms log of the SAR.

 

dx


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thread title updated


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Thanks DX.

So what's my course of action now?

 

The DN should have been sent 3 months after the last payment which would have been June 2013.

I really want the Defaults removed if I can.

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already explained in the link by andy in post 15


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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