DCA resurrecting a written off account

[Spector]

Hi


I don't know if anybody can advise me, please?


I had severe financial problems in 2002/3 as a result of being swindled in business and was left with lots of debt including a number of credit cards with high balances.


I agreed token payments which continued for many years. However, Morgan Stanley sold my account to C a b o t in 2008.


I requested a copy of the CCA and eventually an illegible document was produced in 2009. Subsequently, in early 2010, they commenced legal proceedings against me.


I panicked and appointed a no win no fee solicitor to defend me. They requested certain documents incl the CCA and Default Notice and the scheduled hearing was held in abeyance until this documentation was received. Nothing further happened for 2 years. From my observations, the firm of solicitors appeared to withdraw from Consumer Credit matters when it all became a little more complicated and, just before the solicitor working on my behalf left, she wrote chasing up on the case. At this point C a b o t's solicitors offered to withdraw the case and I requested that the debt be written off and recorded as settled.


C a b o t agreed and also paid my legal costs. I have a Consent Order signed by C a b o t's solicitors agreeing to accept permission to withdraw the case against me by writing off the debt.


My credit file shows the matter as settled in Oct 2012.


Now, 2 years later, I received a letter from C a b o t thanking me for my recent payment in settlement of the account and saying that they will update my credit reference entry. They also say that, if the payment is returned unpaid, the whole amount will become due for payment.


Obviously no payments have been made as the account was written off in 2012.


I am assuming that this is a spiteful and disreputable attempt to intimidate me and damage my credit rating for a further two years and possibly an attempt to resurrect the account? There have been no payments on the account for five and a half years, possibly longer.


Since they signed a consent order, is this not perhaps a breach of that order?


If anyone can offer advice or who understands what these people are trying to do, I'd be most appreciative.


Thank you


Spector

[PlanB]

Re: DCA resurrecting a written off account

If you haven't made any payments since 2008/9 they have no reason to thank you for making a recent one

It sounds more like a database error than anything sinister.

It may have been triggered because your last payments were nearly six years ago which often prompts a last ditch attempt to grab money before a debt goes statute barred.

If you've got a copy of the Consent Order and you're certain the wording is watertight (the account closed and settled) then I'd be tempted to send them a copy of that to rub their noses in it.

This has probably been caused by Cabot's solicitors who forgot to update the computer file at the time whilst too busy sulking over having to pay your legal costs.

[Spector]

Re: DCA resurrecting a written off account

Thank you, Plan B

The Consent Order states:

"The Claimant has permission to discontinue its Claim against the defendant and by withdrawing its claim agrees to write off the balance of the debt in the sum of..... on the Credit Card Agreement, account reference number ........"

Hopefully that is watertight?

Something must have been updated at the time because my credit file shows the balance at nil and that the account was settled in 2012.

My concern is that if they up date my credit file to pretend I have made a payment and that the account has just been settled, at the very least it will add two years to the time the account remains on my credit file.

Thank you for bringing some calm to the matter. Perhaps I am too suspicious these days but I can't help but feel an uneasiness that there is more to this than a database error.

Thanks again

Spector

[PlanB]

Re: DCA resurrecting a written off account

The Consent Order states:

"The Claimant has permission to discontinue its Claim against the defendant and by withdrawing its claim agrees to write off the balance of the debt in the sum of..... on the Credit Card Agreement, account reference number ........"

Hopefully that is watertight?

That looks pretty watertight to me

Why not send a copy of that Consent Order to Cabot.

Tell them you've not made any payment on the account recently so you are "at a loss to understand why they have made this assertion".

I would also tell them to clarify what "updates" they have made to your CRA files. I've seen an awesome letter composed by Andrew to send to rogue creditors who foolishly make inaccurate reports . . . .

[PlanB]

Re: DCA resurrecting a written off account

My concern is that if they up date my credit file to pretend I have made a payment and that the account has just been settled, at the very least it will add two years to the time the account remains on my credit file.

Thank you for bringing some calm to the matter. Perhaps I am too suspicious these days but I can't help but feel an uneasiness that there is more to this than a database error.

You're entitled to your paranoia.

I'm sure we'll get this problem cleaned up soon

[Spector]

Re: DCA resurrecting a written off account

Soon after the original (Morgan Stanley) case was settled I found out that C a b o t had bought another one of my credit card debts from Lloyds TSB.


The story of this is here: http://forums.all-about-debt.co.uk/s...-Other-Matters

[Never-In-Doubt]

Re: DCA resurrecting a written off account

The fact is it's closed by consent therefore they can get lost. As planB says, send a copy of the order with a cover letter literally saying "this account is closed. Please see attached and attach a copy of their recent letter as well. They'll soon realise it was a mistake.

[Spector]

Re: DCA resurrecting a written off account

Thank you Niddy and PlanB

I will do that and hope that that is the end of the matter.

Spector

[PlanB]

Re: DCA resurrecting a written off account

to get back to the original subject of this thread - the DCA apparently attempting to resurrect a closed account - I have drafted a letter along the lines you suggested and that will go off tomorrow.

Good stuff

Make sure you get proof of posting or better still send it Royal Mail "signed for" only if you can afford the £1.62

[PlanB]

Re: DCA resurrecting a written off account

Morgan Stanley sold my account to C a b o t in 2008. . . . I have a Consent Order signed by C a b o t's solicitors agreeing to accept permission to withdraw the case against me by writing off the debt.

. . . My credit file shows the matter as settled in Oct 2012.

Spector this thread is only about your Morgan Stanley Deane Witter credit card which 'became' a Barclaycard before being sold to Cabot which was settled in a consent order after they issued legal proceedings in 2012 (have I got that right?)

Please post anything and everything about your Lloyds Trustcard account on your other thread here --> http://forums.all-about-debt.co.uk/s...-Other-Matters

[Spector]

Re: DCA resurrecting a written off account

Spector this thread is only about your Morgan Stanley Deane Witter credit card which 'became' a Barclaycard before being sold to Cabot which was settled in a consent order after they issued legal proceedings in 2012 (have I got that right?)

Please keep it simply by only referring to that account on this thread.

Please post anything and everything about your Lloyds Trustcard account on your other thread here

http://forums.all-about-debt.co.uk/s...l=1#post440182

Hi PlanB

Yes, this thread is about my MSDW credit card account that was sold to Cabot by Gold Fish (later taken over by Barclaycard) in 2008. Legal proceedings commenced in 2010 and was settled in a consent order in Aug 2012.

[Never-In-Doubt]

Re: DCA resurrecting a written off account

Threads tidied up and posts moved into correct places - there may be slight duplicates (as above) but don't worry it won't be confusing to the reader as there are clear links between this thread (your Barclaycard account) and your TrustCard thread - here --> http://forums.all-about-debt.co.uk/s...-Other-Matters

[Never-In-Doubt]

Re: DCA resurrecting a written off account

The Consent Order states:

"The Claimant has permission to discontinue its Claim against the defendant and by withdrawing its claim agrees to write off the balance of the debt in the sum of..... on the Credit Card Agreement, account reference number ........"

Hopefully that is watertight?

That looks pretty watertight to me

Why not send a copy of that Consent Order to Cabot.

Tell them you've not made any payment on the account recently so you are "at a loss to understand why they have made this assertion".

I would also tell them to clarify what "updates" they have made to your CRA files. I've seen an awesome letter composed by Andrew to send to rogue creditors who foolishly make inaccurate reports . . . .

I would, for now, not do anything with this account - what planB says is normally correct but really it could be a random letter or mistake (on their side) so just leave it be. If they come back and continue hassling then and only then, do as planB suggests above (ie send the consent order and tell them to )

All clear?

[Spector]

Re: DCA resurrecting a written off account

Yes, fine Niddy. Thank you. It was just that I was concerned that they might update my credit file so that the account remains on my file for a further two years more than it need do. But I guess we can address this if it happens?

Thank you for sorting out my threads.

[Never-In-Doubt]

Re: DCA resurrecting a written off account

Yes, fine Niddy. Thank you. It was just that I was concerned that they might update my credit file so that the account remains on my file for a further two years more than it need do. But I guess we can address this if it happens?

Thank you for sorting out my threads.

It shouldn't - the default stays for 6 years. End of. Just keep a copy of your credit file as evidence and if they duplicate the entry it's easy to resolve.