**RESOLVED** **WON** Unsure of Cabot position...

[Sondico]

Hi all,

Hopefully this is the correct place to post this topic, apologies if not.

Our problem is that my wife had a £500 debt with Barclaycard back in 2009 (At the time we could not settle this due to my loss of employment) that they sold on to Marstons, and in turn has been passed onto Cabot.

Back in May 2009 Marstons issued her with a Notice of Default (we have a copy of that letter) but we are unsure if they actually seen the threat through as there is no default on her Credit Report from them.

She only has a '6' Late Payment Mark every month since....:tinysmile_cry_t:

Can anyone suggest if that method of Credit Report marking is acceptable/allowed and also how we go aboout trying to bring the matter to a close with the removal of the Late Payment Markers..?

Cabot have said they will accept £250 but only mark her file as 'Partially Settled' :tinysmile_cry_t:

[FlamingParrot]

Re: Unsure of Cabot position...

Welcome aboard

Our problem is that my wife had a £500 debt with Barclaycard back in 2009 (At the time we could not settle this due to my loss of employment) that they sold on to Marstons, and in turn has been passed onto Cabot.

Back in May 2009 Marstons issued her with a Notice of Default (we have a copy of that letter) but we are unsure if they actually seen the threat through as there is no default on her Credit Report from them.

First of all, Marstons shouldn't be issuing default notices, it should have been issued by Barclays, default notices have to be issued by the original creditor before they can pass on the account to a third party, and not by the third party.

Secondly, I wonder why Marstsons got involved, they are enforcement agents who specialise in collecting unpaid council tax and parking penalties as well as judgment debts (those where the creditor has obtained a CCJ) rather than debt collectors. Are you sure there is no CCJ against this debt? Did Marstons ever visit your home?

If there was a CCJ, it *should* also show on your credit file, however, since there is no legal obligation to report to the credit agencies, it may not. The best way to find out is to search the public record here: http://www.trustonline.org.uk/search-yourself

She only has a '6' Late Payment Mark every month since....:tinysmile_cry_t:

Can anyone suggest if that method of Credit Report marking is acceptable/allowed and also how we go aboout trying to bring the matter to a close with the removal of the Late Payment Markers..?

Although a default notice issued by Marstons wouldn't be valid under the Consumer Credit Act, for the purposes of establishing the original default date, anything that shows the account had already been defaulted and passed on for collection back in 2009 should do the trick. A default should have been recorded in 2009, therefore it should be dropping off later this year. You could try contacting the CRAs directly. If you are concerned about getting credit or are after a mortgage or a loan, you should really check the other two main agencies (Experian and Equifax) as they don't always hold the same data, nor are they all used equally by all lenders.

You can try contacting the CRA(s) that show the incorrect data directly with your letter proving the account was defaulted back in 2009, although they may well ask you to go back to the account owner to request the amendment (Cabot).

Cabot have said they will accept £250 but only mark her file as 'Partially Settled' :tinysmile_cry_t:

That is customary when partial settlements are accepted, however, defaults do drop off six years after being recorded, regardless of whether you paid anything or not. If this was defaulted in 2009 and it was correctly reported as such, I see very little point in paying anything given the short life of the default.

Also do bear in mind that any written offer of payment will reset the clock for limitation purposes.

[Sondico]

Re: Unsure of Cabot position...

Welcome aboard

First of all, Marstons shouldn't be issuing default notices, it should have been issued by Barclays, default notices have to be issued by the original creditor before they can pass on the account to a third party, and not by the third party.

Secondly, I wonder why Marstsons got involved, they are enforcement agents who specialise in collecting unpaid council tax and parking penalties as well as judgment debts (those where the creditor has obtained a CCJ) rather than debt collectors. Are you sure there is no CCJ against this debt? Did Marstons ever visit your home?

If there was a CCJ, it *should* also show on your credit file, however, since there is no legal obligation to report to the credit agencies, it may not. The best way to find out is to search the public record here: http://www.trustonline.org.uk/search-yourself


Although a default notice issued by Marstons wouldn't be valid under the Consumer Credit Act, for the purposes of establishing the original default date, anything that shows the account had already been defaulted and passed on for collection back in 2009 should do the trick. A default should have been recorded in 2009, therefore it should be dropping off later this year. You could try contacting the CRAs directly. If you are concerned about getting credit or are after a mortgage or a loan, you should really check the other two main agencies (Experian and Equifax) as they don't always hold the same data, nor are they all used equally by all lenders.

You can try contacting the CRA(s) that show the incorrect data directly with your letter proving the account was defaulted back in 2009, although they may well ask you to go back to the account owner to request the amendment (Cabot).


That is customary when partial settlements are accepted, however, defaults do drop off six years after being recorded, regardless of whether you paid anything or not. If this was defaulted in 2009 and it was correctly reported as such, I see very little point in paying anything given the short life of the default.

WOW, thanks so much for getting back so quickly and detailed.

There's definitely no CCJ for it, only the Notice of Default (But no Actual Default registered) and all of the '6' Late Payment Markers on her CR....:tinysmile_cry_t: That's what we can't quite understand, why did they send a Notice (Albeit, you have pointed out they would have been incorrect to do so) and not follow it through? Could it be because they knew they couldn't?

Should we contact Barclaycard directly now after such a long time since they sold it on? Can they issue a Default dated 2009? If so then it would have dropped off. Or would they simply Default it from today's date, i.e. 2015?

We are desperately trying to clean up our Credit Reports and these repeated '6' markers look terrible...:tinysmile_cry_t:

[FlamingParrot]

Re: Unsure of Cabot position...

WOW, thanks so much for getting back so quickly and detailed.

There's definitely no CCJ for it, only the Notice of Default (But no Actual Default registered) and all of the '6' Late Payment Markers on her CR....:tinysmile_cry_t: That's what we can't quite understand, why did they send a Notice (Albeit, you have pointed out they would have been incorrect to do so) and not follow it through? Could it be because they knew they couldn't?

Should we contact Barclaycard directly now after such a long time since they sold it on? Can they issue a Default dated 2009? If so then it would have dropped off.

No, what I meant to say is that, from a legal perspective, the default notice *should* have been issued by Barclaycard directly, however, you DON'T want them to re-issue the default notice, even if they were willing to do so at this stage.

Or would they simply Default it from today's date, i.e. 2015?

No, they can't do that. There can only be ONE default for each account and it should be recorded between three and six months after you miss a payment, not years later.

We are desperately trying to clean up our Credit Reports and these repeated '6' markers look terrible...:tinysmile_cry_t:

As I said earlier the notice you've got is fine for the purposes of reporting the the credit agencies, all you want is proof that this was, in fact, defaulted in 2009.

I would suggest writing to Cabot saying that the information they have reported to the CRAs is inaccurate because the account was defaulted and passed on to Marstons in 2009, attaching a copy of the notice you've got. Keep a copy of the letter and allow them 28 days to respond.

You could also write to the CRA(s) a similar letter, with a copy of your letter to Cabot, however, you'd have to write to each one of them. :typing:

[Sondico]

Re: Unsure of Cabot position...

No, what I meant to say is that, from a legal perspective, the default notice *should* have been issued by Barclaycard directly, however, you DON'T want them to re-issue the default notice, even if they were willing to do so at this stage.

No, they can't do that. There can only be ONE default for each account and it should be recorded between three and six months after you miss a payment, not years later.

As I said earlier the notice you've got is fine for the purposes of reporting the the credit agencies, all you want is proof that this was, in fact, defaulted in 2009.

I would suggest writing to Cabot saying that the information they have reported to the CRAs is inaccurate because the account was defaulted and passed on to Marstons in 2009, attaching a copy of the notice you've got. Keep a copy of the letter and allow them 28 days to respond.

You could also write to the CRA(s) a similar letter, with a copy of your letter to Cabot, however, you'd have to write to each one of them. :typing:

EXCELLENT..! Thanks once again.

I have been corrected by my wife as I got the initial collection agency wrong... It was Mercers that issued the 'Notice of Default' not Marstons....

My wife wrote to Cabot on Monday, along with all the CRA's enclosing the Notice letter. Do you think that should be enough to have the Late Markers removed?

[FlamingParrot]

Re: Unsure of Cabot position...

EXCELLENT..! Thanks once again.

I have been corrected by my wife as I got the initial collection agency wrong... It was Mercers that issued the 'Notice of Default' not Marstons....

Ah, that makes a lot more sense! :clap2: Marstons are enforcement agents (a.k.a. bailiffs) which is why I asked about the possibility of a CCJ. Even with one, I've not heard of cases where they get involved in collecting consumer credit debts of this nature but I wasn't sure what they did back in 2009. :noidea:

Now MERCERS are a Barclays in-house collection department and they often issue default notices in their own name even though technically this is still wrong because a default notice should be issued BEFORE the debt is passed on for collection. Having said that, the notice should be just the ticket for the purpose of getting the credit reporting amended. :thumb:

My wife wrote to Cabot on Monday, along with all the CRA's enclosing the Notice letter. Do you think that should be enough to have the Late Markers removed?

It should be, if they don't respond in 28 days or respond arguing about it then do post up and we'll take it from there. :typing:

[Sondico]

Re: Unsure of Cabot position...

Ah, that makes a lot more sense! :clap2: Marstons are enforcement agents (a.k.a. bailiffs) which is why I asked about the possibility of a CCJ. Even with one, I've not heard of cases where they get involved in collecting consumer credit debts of this nature but I wasn't sure what they did back in 2009. :noidea:

Now MERCERS are a Barclays in-house collection department and they often issue default notices in their own name even though technically this is still wrong because a default notice should be issued BEFORE the debt is passed on for collection. Having said that, the notice should be just the ticket for the purpose of getting the credit reporting amended. :thumb:


It should be, if they don't respond in 28 days or respond arguing about it then do post up and we'll take it from there. :typing:

Brilliant, that sounds very promising indeed.

BREAKING NEWS...... My wife just checked and it has disappeared from Equifax already but still shows on Experian....

She posted Recorded Delivery letters yesterday morning to all 3 CRA's and Cabot, but had also emailed them to Equifax on Monday night.... Could Equifax have acted so quickly from her email on Monday night?

Could Equifax have made a decision on their own to remove it?

[FlamingParrot]

Re: Unsure of Cabot position...

WELL DONE! :clap2: :clap2: :clap2:

They could have decided to amend the record if your wife's communication clearly showed it being incorrect. I'd keep checking regularly just to make sure everything is as it should be. :thumb:

[Sondico]

Re: Unsure of Cabot position...

WELL DONE! :clap2: :clap2: :clap2:

They could have decided to amend the record if your wife's communication clearly showed it being incorrect. I'd keep checking regularly just to make sure everything is as it should be. :thumb:

We definitely will.! I assume that Cabot will 'still' chase us for the money though??

[FlamingParrot]

Re: Unsure of Cabot position...

We definitely will.! I assume that Cabot will 'still' chase us for the money though??

If you got a default notice dated May 2009, presumably you stopped paying earlier than that so this should now be statute barred. :thumb:

[Sondico]

Re: Unsure of Cabot position...

If you got a default notice dated May 2009, presumably you stopped paying earlier than that so this should now be statute barred. :thumb:

We've actually been making token payments to Cabot as we thought that was the right thing to do at the time...

[FlamingParrot]

Re: Unsure of Cabot position...

How long did you make payments for?

If Cabot contact you asking for payment, you can always hit them with a CCA request. :thumb:

[Sondico]

Re: Unsure of Cabot position...

How long did you make payments for?

If Cabot contact you asking for payment, you can always hit them with a CCA request. :thumb:

We still are and have been since August 2009...:tinysmile_cry_t: Are we daft?

We've got our teeth into this today and discovered:

We received a 'Notice of Default' in May 2009
We were charged 'Default Charges' of £24 in April and £24 in May 2009.
Since then my wife's Credit Report has not had a Default recorded but we have made token payments.

Have we made a major mistake paying these token sums?:tinysmile_cry_t:

[FlamingParrot]

Re: Unsure of Cabot position...

It's hard to assert whether you followed the right course of action or not by making those payments. :noidea: On the one hand, had you not paid anything, the debt would be SBd or just about to become SBd. :grin: On the other hand, by making those payments you *may* have avoided court action, I can't say for sure since informal payment agreements are not legally binding and debtors HAVE been taken to court despite making reduced/token payments as agreed, whilst many others (myself included) who have not paid anything in years, have not been taken to court.

[Sondico]

Re: Unsure of Cabot position...

It's hard to assert whether you followed the right course of action or not by making those payments. :noidea: On the one hand, had you not paid anything, the debt would be SBd or just about to become SBd. :grin: On the other hand, by making those payments you *may* have avoided court action, I can't say for sure since informal payment agreements are not legally binding and debtors HAVE been taken to court despite making reduced/token payments as agreed, whilst many others (myself included) who have not paid anything in years, have not been taken to court.

We are thinking that the best course of action right now will be to wait and see what comes back from the CRA's and Cabot with regards to the errors that Barclaycard and Mercers made back in 2009 by issuing a Notice and charging us for a 'Default Charges' but not actually issuing the Default on my wife's Credit File.

If they have been naughty, i'm guessing Equifax and Experian will just remove the account from her file? If Cabot continue to chase, we will have to cross that bridge when we come to it, but the immediate requirement is to tidy our Credit Reports up.:tinysmile_twink_t2: