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HSBC/Marbles/Cabot Default


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Hi All,

 

I have a question about my defaulted account which is now with Cabot Financial.

I do have a thread running (Quite a lengthy one) Here

I was sent a DN on the 10 Aug 09 which stated my arrears had to be paid by 31 Aug 09, on the 10 Nov 09 they sent another letter stating that they had recently defaulted me. This was all through Marbles and the debt has now been passed to Cabot (still no valid paperwork). On checking my credit file the deafult, which is now in the name of Cabot, is showing as 30 Nov 09. My question is obviously what date should it have been issued and is there anything I can do about the fact they told me I had been defaulted and actually hadn't been?

 

I may be clutching here but its worth a try. :confused:

 

Thanks

 

Hugh

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The issue date of a DN has nothing to do with the date a default is placed on an account or on credit reference files, the ICOs technical guidance on defaults on states that defaults SHOULD be placed within 6 months of the cause of action.

 

So imo there is nothing to challenge here, given that there is the time scale to remedy the default 10/09/09 t0 31/09/09 the default has been placed within normal time limits.

  • Confused 1

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Thanks for that fast reply, I was just curious as to the fact they sent the letter on 10 Nov 09 stating that I had already been defauted but actually hadn't. So my 6 years started at 30 Nov 09. Thanks for clearing that up.

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Thanks for that fast reply, I was just curious as to the fact they sent the letter on 10 Nov 09 stating that I had already been defauted but actually hadn't. So my 6 years started at 30 Nov 09. Thanks for clearing that up.

 

That's correct, it is confusing the dates are totally different in effect.

 

Where as the ''statute barred'' date is the date of the last payment so a default will remain on file after it's statute barred in some cases.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Interesting to know, my last payment was April 09!

Have just been through all my paperwork again and found a letter from Marbles stating that my default date was the 27th Nov 09 so again another date, only 3 days different from the experian date but 3 days in my favour!

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