Mint CC from 2009 Cabot chasing with fabricated paperwork.

[danscott666]

Hi all, 

 

I previously had a credit card with Mint approx 2008 Oct.

I came in to some financial difficulties at the time and set up a payment plan.

I then tried an unenforceable credit agreement this is all 11 years ago.

 

I stopped making payments 5 years and 10 months from when Cabot called me.

So it will be 6 years in October. 

 

I requested to see the original agreement, what they have provided is a generic copy of terms etc and an electronically ticked box.

Well I DID NOT have a computer then and phones weren't what they are today.

I DID originally sign paperwork and post it back as was normal then.

This new paperwork is totally fabricated. 

 

Where do I stand with this?

I don't want to end up with a ccj,

I am concerned as I am currently not working again! 

 

Any help much appreciated. 

 

[London1971]

Never Answer the phone to any DCA, all communication should be in writing

 

Is this showing on your credit file still?

 

If so what is the default date?

 

Although it's sounds very much like you should just sit tight and not say or do anything involving this as it will be Statute barred in a couple of months. 

[dx100uk]

defaulted date was years ago going by an old thread here

 

i'd say the debt is almost Statute barred then

hold you nerve

 

can you put that cca return up as one multipage pdf please too

read upload carefully.

dx

 

[comebackjimmy]

1 hour ago, London1971 said:

Never Answer the phone to any DCA, all communication should be in writing

 

Is this showing on your credit file still?

 

If so what is the default date?

 

Although it's sounds very much like you should just sit tight and not say or do anything involving this as it will be Statute barred in a couple of months. 

 

I am a big fan of going dark and letting them do all the work and it has paid off for me almost every time so I agree with London1971 about sitting tight.

 

With that in mind it is useful to know exactly where you stand.  My understanding of the situation is that if you are in England and Wales then the account will become statute barred six years from when you last acknowledged the debt (five years in Scotland) so assuming you did not enter into any  correspondence during which you said anything like "I owe this money" then the last acknowledgement would be the date of your last payment.

 

May I suggest you research your bank statements and properly establish the last date you paid and that will give you an exact date to work towards, basically 49-80 days from today (12th August) assuming it goes SB on a date in October.

 

It is quite possible that Cabot will expire this time in useless threatomatics by sending further correspondence or possibly flicking it out to another low life DCA.

 

So I think best to find the actual date then open all further correspondence to make sure it is not a letter before action (in which case come back here) and file it till the SB date.

 

After that you can have some fun with them especially if the documents they provided are indeed bogus.  Might be worth doing a SAR to Mint (now owned by royal Bank of Scotland) to see what they send back.  If you get lucky and they send details of your original application form then Cabot's bollocks will be very nicely on the table.

[AndyOrch]

Quote

 My understanding of the situation is that if you are in England and Wales then the account will become statute barred six years from when you last acknowledged the debt (five years in Scotland) so assuming you did not enter into any  correspondence during which you said anything like "I owe this money" then the last acknowledgement would be the date of your last payment.

 

Apparently not so now since a Judge decided to rewrite the Limitations Act and the goal posts were moved in favor of creditors...its from the date the creditor decided to issue a default notice and the 14 days had expired to rectify the breach.

[London1971]

The above is true but is the debt still showing on  your credit file?

[danscott666]

Hi, 

 

Thank you for the replies. 

 

I won't be answering the phone again. 

 

I have looked on my credit file and can't see anything. I have been using clearscore and I'm not sure it's very comprehensive. 

 

Which checker is best to use and will give me the fullest picture of my previous credit file history?

 

Also I did check back in my accounts and I can't remember exact date now but will check again but I believe it was October nearly 6 years ago that I had last paid. 

 

They did also send me all the statements but like I say I'm sure this sheet is with the check box is not true. 

[London1971]

Try Credit Karma,

 

However, I'm getting the idea from your timeline that it's disappeared on the 6th anniversary of it's default. Please confirm with Credit Karma or Experian.

 

This would mean that 6 years after the last payment is when it becomes statute barred.

[comebackjimmy]

2 hours ago, Andyorch said:

 

Apparently not so now since a Judge decided to rewrite the Limitations Act and the goal posts were moved in favor of creditors...its from the date the creditor decided to issue a default notice and the 14 days had expired to rectify the breach.

 

I wonder if it is slightly more nuanced than that.

 

If an account was previously in good order but then the creditor stops paying then indeed it is some months before the DN is issued and the creditor then has 14 days to put the account right before it becomes defaulted and indeed the SB clock starts then.

 

However, what if the DN was previously issued (which seems likely since Westcot have this now) and it was subsequently paid for a while before the payments stopped.  If the DN has been issued and payments of any sort stop at some point after this then I would think the SB clock starts with the date of the last payment.

 

Probably in this case it is a good idea to SAR Mint so the OP can get a proper picture of his situation E.G. what was the nature of his sign up, when did he default (I.E. their records of the DN date) , who it was then sold on to and when that party was last paid.  The best/next thing to do here is establish the SB date.

[London1971]

Excellent idea to SAR Mint.

[AndyOrch]

Well there is no exact science and not one answer fits all scenarios ......but the credit file marker will tally with the date of the DN...because it cant be registered until such DN has been served....if the arrears were not paid.

 

If a DN is issued and the arrears are rectified before the statuary 14 days ...then the Default never happened nor should it ever be recorded on the CRAs

[danscott666]

Ok, so I have checked my bank statements and the last payment to Mint was 03 Oct 14.

 

I haven't paid since and haven't acknowledged the debt again in any way. 

 

When they called I said I'd need to see proof that the debt existed as I have no knowledge of it. 

 

I have checked credit Karma and Clearscore and it just shows 2 credit cards I have settled one with idem and one with capital one. 

 

I sold my house in December 14 and thought I'd paid everything off. I am surprised that there is still anything outstanding especially as when I went to buy another house in 2015 one popped up which I paid in full and settled. ( I just don't know who that was with but I paid Northampton County Court) 

 

I genuinely thought I had paid all the past debts off and I have a good credit score and have been given plenty of credit since which I have managed responsibility. 

 

I am confused as to how this hasn't been paid as all the others have and I've even managed to get a mortgage since. 

 

Could I have paid via another debt collection agency and now they ard trying their luck somehow?

 

Is there a way to check all the debts I have had and their status'? 

[AndyOrch]

Quote

last payment to Mint was 03 Oct 14.

 

 

Then it cant become statute barred until at least Nov/Dec 2020...subject to what date the DN was issued.

[London1971]

And a default, not showing anymore would have zero effect on either your credit score or your mortgage eligibility. Even if a default is showing and more than 3 years old it won't stop you getting a mortgage.

[danscott666]

I have just paid £14.99 and I can not see this anywhere. 

 

There is something showing for Cabot which again I believe I have paid but I'm not sure which lender that was related to. 

 

My credit score is now 961 out of 999. I really don't want ruin it. 

 

I am renting now and my chances of getting somewhere to live will be affected if I had to leave this property. 

 

If I SAR Mint or is it RBS now? Could they not just add the ticked sheet also? 

What exactly do I need to ask for? 

[danscott666]

6 minutes ago, London1971 said:

And a default, not showing anymore would have zero effect on either your credit score or your mortgage eligibility. Even if a default is showing and more than 3 years old it won't stop you getting a mortgage.

Do I just try to say I haven't received there correspondence and ask them to send it recorded delivery and hang it out until 2021?

[danscott666]

7 minutes ago, London1971 said:

And a default, not showing anymore would have zero effect on either your credit score or your mortgage eligibility. Even if a default is showing and more than 3 years old it won't stop you getting a mortgage.

Is it possible to see my defaults from over 5 years ago anywhere. Not showing on my credit file. I downloaded the whole thing from experian. 

[London1971]

Click on the SAR link. They will send you everything, that they have on you, screen shot's , emails, etc.  You will be looking for, and will easily find the date that a default notice was sent out, and sold to Cabot. If the default date is before your last payment date then it will be statute barred in 3 months.

 

Providing the DCA has your current address I really don't think you have anything to worry about. 

[comebackjimmy]

Just to be clear you say your last payment to Mint was 3rd October 2014.

 

if that is the case there are possibilities:

 

a). Your last payment was a normal payment as a result of receiving the normal monthly bill and paying some part of it.   If you did not then pay anything else then you would have received some debt collection letters from mint over a period of some months presumably culminating in a Default Notice probably somewhere between month three and month six.   If, following receipt of that notice you did nothing then fourteen days after the date of that notice the statutory bar clock started which means that it probably started somewhere around January to April (but check this by getting SAR sent to Mint).  In this scenario you could have perhaps eight months to go before the stat bar kicks in.

 

b).  You had not paid the account properly prior to 3rd October 2014 and a DN was issued.  You responded by paying and the DN became voided as you corrected the issue by paying the arrears in which case we are back to a)

 

c).  You had not paid the account properly prior to 3rd October 2014 and a DN was issued.  You did not correct the situation within 14 days of the DN being issued and as such it came into being.  However, you continued to make some payments but if you did not fully pay the arrears the DN stays in place in which case your Stat Bar clock starts the last time you made a payment and this account will therefore become SBed 3rd October 2020.

 

Hope my logic is sound but I welcome any other CAGers chipping in here.

 

To be clear, did you pay Mint until you stopped paying or did you start to pay a debt collector after the account was passed to them?

[dx100uk]

i would suggest going by your old thread....

that RBS must have defaulted this well before the sale to cabot, and cabot can't do anything anyway if RBS did not ever default it.

which i believe they did long long ago....

 

pers i'd simply ignore cabot until or unless you get a letter of claim.

 

dx

 

 

 

[danscott666]

18 hours ago, London1971 said:

Click on the SAR link. They will send you everything, that they have on you, screen shot's , emails, etc.  You will be looking for, and will easily find the date that a default notice was sent out, and sold to Cabot. If the default date is before your last payment date then it will be statute barred in 3 months.

 

Providing the DCA has your current address I really don't think you have anything to worry about. 

They have written to me and I did confirm where they should send the copy of the original credit agreement. 

 

17 hours ago, dx100uk said:

pers i'd simply ignore cabot until or unless you get a letter of claim.

I have all the mint statements. Would it show when they defaulted it on one of those? 

[London1971]

8 minutes ago, dx100uk said:

i would suggest going by your old thread....

that RBS must have defaulted this well before the sale to cabot, and cabot can't do anything anyway if RBS did not ever default it.

which i believe they did long long ago....

 

pers i'd simply ignore cabot until or unless you get a letter of claim.

 

dx

 

 

 

I’m going to concur with this. The very fact it’s not showing on any CRA anymore , says to me that it’s 6 years plus since default. 

[danscott666]

31 minutes ago, comebackjimmy said:

You had not paid the account properly prior to 3rd October 2014 and a DN was issued.  You did not correct the situation within 14 days of the DN being issued and as such it came into being.  However, you continued to make some payments but if you did not fully pay the arrears the DN stays in place in which case your Stat Bar clock starts the last time you made a payment and this account will therefore become SBed 3rd October 2020.

I paid £20 which in no way could have brought the account up to date. Looks more like a token gesture. I am going to look at all the statements when I can later and see if a default had been already issued which I think it had. I think there would have been a default charge applied to the account maybe £12 or so. 

 

The logic makes total sense. 

[dx100uk]

wont be in the statements

will most probably be in the comms/account log .....in code too.

 

 

[comebackjimmy]

16 hours ago, danscott666 said:

I paid £20 which in no way could have brought the account up to date. Looks more like a token gesture. I am going to look at all the statements when I can later and see if a default had been already issued which I think it had. I think there would have been a default charge applied to the account maybe £12 or so. 

 

The logic makes total sense. 

 

When did you pay the £20? was it before the default letter or after?  Exact date and to whom the £20 was paid is key to calculating the SB date.  It could be construed that paying £20 or any figure was an acknowledgement of the debt and could re-start the SB clock.

 

Important to understand the date but I concur with the other CAGers that it is probably not something to worry about.

 

As an aside I fought (and won) an argument with Lowells over the default date.  They were trying to assert that the Default date was later than it was but I was able to disabuse them of that idea thanks to having the original Default Letter plus also getting it confirmed by the original lender (Vanquis).  They sent me the exact same copy of the Default Notice as part of their SAR response so I say again a good idea to SAR Mint so you know where you are and you are then ready to rebuff any bullshit from the DCA.