DCA purchased old RBS cc debt

[dollyone]

Hi, it's been a long time since I posted and thanks to Niddy's Christmas email greeting decided to reassess my situation before I possibly receive a claim form..

In 2010 I started down the UCA route and stopped making payments on my credit card in December 2010 (taken out in 2002). It was passed around the usual DCA's who all sent it back to the OC when I explained the agreement was unenforceable until all contact eventually stopped.
However back in June 2016 Cabot purchased the debt and wrote to me asking to set up a payment plan. I replied that I did not acknowledge any debt to their company.

I also wrote to RBS and complained that they had sold a debt I still considered to be in dispute with them. They replied as far as they were concerned the account wasn't in dispute and sent me the usual leaflet to complain to the Ombudsman, which I decided to do. The FO concluded that RBS had treated me fairly in that they had accepted a DMP through a third party before I stopped paying and wasn't going to do anything.

In the meantime I had the usual letter from Cabot advising they had put the collection on hold whilst my complaint was being investigated.

In reply to Cabot, I sent them copy legal correspondence I had initially sent to RBS (and all the other DCA's) putting the onus on RBS to obtain an Enforcement order, stating that the Agreement was unenforceable, the reasons why and that I still considered the account to be in dispute.

Cabot wrote back 4 months later enclosing my "unenforceable" agreement stating they couldn't comment on my dispute with RBS and they believed I was liable for this debt. They asked me to reconsider the enclosed agreement, offered me a possible reduction of the balance and asked me to contact them. I haven't done anything since. My next move had been making a CCA request but they beat me to it.

Here is my dilemma, have I "admitted the debt" in corresponding with Cabot which I stupidly signed, did I reset the clock in the last six months? I have not made any payments for over 6 years. Do I just wait to see if they threaten legal action or is there anything I should I do now?


Your thoughts would be very much appreciated.
Dolly

[SXGuy]

Re: DCA purchased old RBS cc debt

Someone else should be with you shortly. But I just wanted to say. Even though they sent you a copy of an agreement they haven't beat you to it in the sense that it's hard to argue unenforceability if you havent sent a formal request under section 78 of the consumer credit act for a copy of your agreement. If you believe it to be unenforceable then you would be protected under that act as they would have failed to comply. By them simply sending you something doesn't cover you since they aren't in breach of any request. If it were me I'd send a cca request ASAP.

[dollyone]

Re: DCA purchased old RBS cc debt

I will, thank you so much I hadn't thought of that.

D

[BuzzyBee]

Re: DCA purchased old RBS cc debt

In 2010 I started down the UCA route and stopped making payments on my credit card in December 2010 (taken out in 2002). It was passed around the usual DCA's who all sent it back to the OC when I explained the agreement was unenforceable until all contact eventually stopped.

This will be statute barred in the next couple of months. The clock doesn't run from the date of last payment but from when the creditor would have reason to take action, this has to be at least a month later, when you first missed a payment, however, there is no agreement from the courts regarding this so it's best to string them along a bit longer.

However back in June 2016 Cabot purchased the debt and wrote to me asking to set up a payment plan. I replied that I did not acknowledge any debt to their company.

I also wrote to RBS and complained that they had sold a debt I still considered to be in dispute with them. They replied as far as they were concerned the account wasn't in dispute and sent me the usual leaflet to complain to the Ombudsman, which I decided to do. The FO concluded that RBS had treated me fairly in that they had accepted a DMP through a third party before I stopped paying and wasn't going to do anything.

Did you make payments through the DMP AFTER December 2010? If so, the clock would start to run when those payments stopped.

In the meantime I had the usual letter from Cabot advising they had put the collection on hold whilst my complaint was being investigated.

In reply to Cabot, I sent them copy legal correspondence I had initially sent to RBS (and all the other DCA's) putting the onus on RBS to obtain an Enforcement order, stating that the Agreement was unenforceable, the reasons why and that I still considered the account to be in dispute.

Cabot wrote back 4 months later enclosing my "unenforceable" agreement stating they couldn't comment on my dispute with RBS and they believed I was liable for this debt. They asked me to reconsider the enclosed agreement, offered me a possible reduction of the balance and asked me to contact them. I haven't done anything since. My next move had been making a CCA request but they beat me to it.

Here is my dilemma, have I "admitted the debt" in corresponding with Cabot which I stupidly signed, did I reset the clock in the last six months? I have not made any payments for over 6 years. Do I just wait to see if they threaten legal action or is there anything I should I do now?

Signing doesn't make any difference. That's a bit of a FMOTL idea. From what you say above, you haven't really admitted the debt for limitation purposes. However, say you haven't made any payments for over 6 years but you also say you stopped paying in Dec 2010, which was exactly six years ago, and then mention a DMP.

Your thoughts would be very much appreciated.

It all depends on those dates. If no payment was made after Dec 2010 (not even through a DMP), then it should be SB very soon and you should string them along. I had a similar experience with Cabot who bought a card I last paid in Dec 2009, have strung them along all year and I'm waiting for them to get heavy to spring a SBd letter on them. They've not made legal threats all year, by the time they get round to making them, they'll have missed the last train to court. Sounds like their new MO, trying to get people to admit the debt and/or pay rather than rushing to court.

[dollyone]

Re: DCA purchased old RBS cc debt

Thank you Buzzybee, you have put my mind at rest. My last payment was December 2010 none made after. I was on a DMP before I stopped, so exactly 6 years.

Someone advised me to let Cabot run and ignore all correspondence (not on here) but I figured that might drop a claim form through my letter box sooner rather than later, so I answered a couple of letters as explained and will send a CCA request next.

I agree it could be the new MO and if your case is a time example, then it may appear I have a bit more breathing space before they get heavy. Please let me know how you go on.

There should be a law against selling debt, the OC should have their own in house debt collectors to see it all the way through, but they want to try and preserve a clean image and let the DCA's aka "legalised crooks" do their dirty washing. I can honestly say if the Banks played fair and acted in a trustworthy manner then so would I.

[BuzzyBee]

Re: DCA purchased old RBS cc debt

Thank you Buzzybee, you have put my mind at rest. My last payment was December 2010 none made after. I was on a DMP before I stopped, so exactly 6 years.

So your last payment in December was through a DMP and not a contractual payment? That does put a different spin on things, because you had to have defaulted on the contract to have entered into a DMP. That means none of the stuff about the clock potentially not starting till a DN was issued would apply here. It could be said that the clock started to run from when you last made a DMP payment in Dec. 2010, or one month later at the latest, when you first missed that regular payment. You've not got long to go.

Someone advised me to let Cabot run and ignore all correspondence (not on here) but I figured that might drop a claim form through my letter box sooner rather than later, so I answered a couple of letters as explained and will send a CCA request next.

I have largely ignored them and only ever responded to them once, with a CCA request, in order to buy some time. It took them four months to come up with a database printout with all my personal details at the time of getting the card, but not a single T&C. They said it was an internet application, but it was from 2002, when a hard copy agreement was still required for internet applications, and I've actually got my own original agreement. As it's been 7 years since last payment, I can safely say so.

I agree it could be the new MO and if your case is a time example, then it may appear I have a bit more breathing space before they get heavy. Please let me know how you go on.

They've been writing on and off, then a bit more towards the end of the year but never made any threats so far.

There should be a law against selling debt, the OC should have their own in house debt collectors to see it all the way through, but they want to try and preserve a clean image and let the DCA's aka "legalised crooks" do their dirty washing. I can honestly say if the Banks played fair and acted in a trustworthy manner then so would I.

You may have noticed that, these days, banks don't seem to be taking debtors to court, choosing instead to sell the defaulted accounts to debt purchasers who are the ones doing the litigation. This wasn't the case a few years ago, there are a number of cases involving banks, you won't find many recent ones. Washing their hands off toxic debts seems to be their new MO. I've no idea whether my other two accounts (also SBd) were ever sold on or not, as they stopped contact years ago.

[dollyone]

Just to let you know both debts are now SB, one 7 years the other 6.5 years and no contact from Cabot since January 2017, so I'm guessing they now realise they can't litigate.

Unfortunately I have another unforseen problem, do I have to create a new post and how? Basically it's regarding a credit card debt of my Mother's who is now 82 years old and has had to go into residential care with advanced Dementia. I was her registered carer and she lived with me, I helped with her finances but when she went into care I could no longer afford the minimum payments on her credit card. I notified her bank explaining the situation, sent a copy of the Mental Health form completed by her GP and a copy of the Power of Attorney. They are now requesting I take the original copy of the POA into a Branch, the nearest being in another town, before they can speak to me. As a POA holder am I now responsible for her debt?