Robinson Way have changed default date Nationwide credit card debt Scotland

[jacob2406]

I have an old Nationwide credit card debt that has changed hands a few times.

 

It now appears to be owned by Robinson Way who have started sending me collection letters.

 

The debt had a default date of 20/12/2010 and dropped off my credit file last year.

However, I have just checked Noddle and it has reappeared with a new default date of 06/2012.

 

When Robinson Way contacted me four weeks ago, I sent them a Prove It letter to see what they had.

 

They have replied saying

"Please set out simple and reasonable details of your dispute or query,

Please call us or write to us setting out the reasons why you dispute your liability for payment.

It would also help if you could send any supporting documents that will aid us in resolving your dispute."

 

This debt has not been paid or acknowledged since August 2011 so I believe it to be statute barred

(I am in Scotland)

 

but I don't want to send a statute barred letter until I get the default date amended back to the original date so it drops off my credit file again.

 

Any advice on how to proceed would be appreciated.

I am not in a position to repay this debt.

[silverfox1961]

Hi and welcome to CAG

 

Initially, I would write a complaint but head it with:

 

" I acknowledge no debt to you nor any company you claim to represent"

 

Demand that they remove the default forthwith and tell them why or get them to backdate the default to the original date (same result). Don't get into an argument. Stick to factual matters only.

 

Contact the credit reference agency and complain to them. They also have a duty to record accurate information. Place a notice of correction next to the offending data. This can be up to 200 words.

If they both fail in their duty, you may have to investigate who actually did change the date. Usually, it is the original creditor who files defaults so it may have been them prior to passing it on to RW.

[dx100uk]

if you have proof of the nationwide defaulted date

 

copy that

and write to robbersway

give them 14 days to remove the account

else you will complain to the ICO

and seek financial compensation.

 

you are in Scotland

as long as you took the card out whilst resident in Scotland

 

5 yrs from your last payment or written and signed acknowledgement

the debt is EXTINGUISHED - dead gone parrot.

it no longer exists.

 

 

there is no link between defaulted date and SB date.

[jacob2406]

Thanks, I realise the debt is extinguished but didn't want to send a statute barred letter until RW have resolved the default date issue. Is it only them that I need to complain to or do I need to write to Nationwide and HPH2 Ltd who are mentioned in letters from RW ?

[silverfox1961]

You should contact the company that is named in the default. If it is RW then it is they you should contact.

[dx100uk]

RW/hoist are the same write to H2HP ltd

 

as post 3

inc copy of NW defaulted date proof.

 

you don't write about SB to anyone now or later

[jacob2406]

Thanks dx100uk. I will write to Hoist regarding the default date. Once I get that amended I thought my next step would be to send a statute barred letter to request they stop contacting me ?

[dx100uk]

tack it on end of the letter..

 

you are reminded that I an resident in Scotland

you are reminded that the agreement was signed whilst resident in Scotland

My last payment date was XXXXX

thus this debt is now extinguished under Scottish Law

I do not expect you to contact me to chase any now non existent balance

should you do so, I will report you to the FCA under the Conc rules

[dx100uk]

ps I say this contrary to my earlier info.

 

I was actually in court helping someone on a Scottish claim this last 2 days

that was bought before my local sheriff

that was already extinguished by the time of the claim

 

The defendant did not write to the pursuer prior to the claim, instead choosing to ignore as he knew it was extinguished.

and the pursuer could not bring a claim.

 

The sheriff said that consumers should always write to a DCA stating such on a Scottish SB'd debt

 

for want of note:

ofcourse the situation is different in E&W

as its 6yrs and the debt is not extinguished.

 

the

[jacob2406]

Thanks again, being in Scotland does have some benefits apart from the weather of course

[dx100uk]

well we've had a lovely sunny warm day in the farrrrrrrrrr north

not snow or nowt...hehehe

[Baba02]

I have had a similar problem this month. I have 2 defaulted accounts with SDTaylor. The defaults were due to drop off 20/7/17. They did ...... for 1 month.... I have now noted they are now back on my file with a new date!! Same amount same creditor. Now due to drop off 5/10/2018. It's well statute barred. What do I do ??

[dx100uk]

start a new thread of your own please

 

this one is for jacob