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starflower81

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  1. If I did send a letter I would of included that statement. I think I am going to write back to them to demand they detail the payment and how it was made. If it was a postal order then I know it would of been a CCA request. Thanks for your comments and I am going to complain to OFT too. Interestingly they have stopped calling me and texting daily since they replied to my letter too.
  2. I have a feeling I may have sent them a CCA request which would explain the £1 payment. Does anyone think it would be a good idea to request all data they have on file ie a subject access request to prove what the £1 payment was for? Thanks for the replies everyone
  3. Hi there I am hoping I can get some advice on Lowell. They have been calling and texting me daily for a barclaycard debt from 2000. I am also getting letters from Red collection agency. I sent them a prove it letter to which they sent me a credit agreement from 2000, I then sent them a statued barred letter. Today I received a letter to say it is not statued barred as I made a £1 payment in 2008 and they will continue to chase for payment. II cannot recall making a payment as seems a strange amount. Does anyone have any suggestions on what to do as the consent calls and texts are becoming unbearable Thanks for reading Has anyone got any
  4. Hi there, I hope someone can help me with a letter I received from Halifax yesterday. I had an Card Cash account with a £500 overdraft I used to use until last year when I went on maternity leave. I have since returned to work and moved to another Bank that gave me a full current account. The letter states I have to pay back the £500 by the 1st of December or I will default and this will reflect on my credit file. I have no problem in paying this month back but to only give me a months notice before they give me a default is totally unfair in my opinion. I have asked if I can set up a repayment plan of £100 a month but this has been declined. I have since spoken to both the collections and customer relations departments who have said that the card cash over draft should never of been put onto my account and I should not have used it so I have to pay back the money or I will receive a default. The overdraft was put on in 2006 when my card was cloned but halifax never removed the overdraft and as I had my wages going in there each month I didn't think it was an issue having the OD still. I am really upset about this as I not refusing to pay the overdraft back so I can't understand why they are being so unfair. We are hoping to get a mortgage next year and I am so worried we wont be able to if I get a default over this. The customer relations person I spoke to said they have declined my offer and will send me details of how to complain to the FO, so I am really stuck what to do now. With Xmas coming up I really cant see how I can find £500 within a month. Help! Thanks for reading
  5. Hi there, Statue barred is usually from the date of the last payment you made. I am guessing the DCA is chasing you as they know in a few months they won't be able to do anything as it will be past 6 years. Personally as it's only 2 months until the default falls off your file I would send them a prove it letter - search under this forum for the letter template, which should buy you some time. Do not speak to them over the telephone, only correspond by letter. I hope this helps
  6. Many thanks all, I have just read this in the ICO document - Defaults should be filed as in default where those payments due have not been received within 6 months. So I am now wondering if I can now argue that the default should have been filed way before Welcome/Hillesden marked my file in 2005. Looks like I have some more letter to write. Thanks for your assistance with this
  7. Hi all, The last payment I made was in May 03, so this should mean its Statue barred right? I am going to send another SAR to welcome finance to see what they come back with. I've read on other posts that as long as the company can show they sent a default ie a computer generated note on your account records, then this is proof enough of you receiving it. Does anyone know if this the case? What I also want to find out is if a company has a certain time scale to issue a default notice? Anyone have knowledge on this? Many thanks
  8. Hi there, I hope someone may be able to help me. In 2003 I took out a loan with Welcome Finance so the debt is now statued barred but I have a default notice on my credit file for this dated 2005 and shows as issued by Hillesden Securities. So for over 5 months now I have been sending letters backwards and forwards trying to get the default removed as the debt is statued barred. I had sent a SAR to Hillesden and they did in fact send me the correct CCA but no copy of the default notice, they keep fobbing me off to say that I need to contact Welcome Finance directly as they issued the default however my credit file does not show this and under the DPA they only need to provide me with the data they have on file for me. So my questions to anyone that is reading this are 1) Is it justified to issue a default notice 2 years after I had problems making payments? 2) If the default shows under Hillesden surely they have to provide me with the default notice? Any ideas on what my reply letter should contain would be helpful? Many thanks
  9. Hi Dx, The CCA was in the SAR Hileseden sent back but no copy of the default notice. Is it worth going back to Hilesden about their not being a copy of the deafult notice or should I contact Welcome directly? thanks Starflower
  10. Hi there, The DCA is Hillesden Securities. I will write to them and see what they say. Their letter in the SAR does say I need to contact Welcome for further details but the default doesn't show Welcome Finance so surely the default is listed by whoever issued it? Starflower
  11. Thanks DX, There is no default notice in the pack they sent to me. Should I write back to them saying as they have not sent me the original default notice I would like it removed? Would I have to take them to court to do this? thanks Starflower
  12. Hi there, Thanks for your reply. I actually sent the SAR to the DCA as the default was registered with them. They originally told me the default was for an old BT account which wasn't true hence me sending them the SAR. Should I send a SAR to Welcome finance? If they can't show me the default can I argue this shouldn't be valid? Thanks
  13. Hi there, I am trying to get a mortgage and 6 years ago I got into financial hardship after losing my job. I took out a Welcome finance loan in 2003 for £2200 which I had problems paying back. So 6 years later I see the entry on my file and have sent them a SAR as I wasn't 100% sure if the £2800 on my file was correct. Anyway I got the SAR back and it does all seem to be right. They even sent me the CCA which I had signed. My main issue is that they have given me a default in 2005 so this was over 2 years after I had made a payment. In July this year the debt will be statued barred so I know they can't chase me for the money now but I am still stuck with the default for another two years. I am wondering if I offered them a payment if they would mark the default as satisfied? If I did this I am not sure if it would help me get a mortgage anyway as the deafault would still be on my file? Is there anyway I can argue that the default should not of been given two years later? Any help would be greatfully received. Starflower
  14. Hi there, I recently posted about an old default that's only my credit file from 2004 for Next Directory which totals £800. I wrote to Robinson way to ask for a CCA but as it's a catalogue they said they don't have one and I would need to prove the debt isn't mine. My arguement is that they need to prove the debt is mine not the other way around. So I wrote back with a Prove it letter to which they fobbed me off again, so I sent them a section 10 letter. The funny thing is they sent me another letter in error which referred to another person so I took great pleasure in writing to them to highlight their admin error. They simply wrote back to say they have already advised they cannot provide a copy of the original agreement and also applogised for the error with the other letter and would update my details with the credit reference agencies. Nothing has changed on my credit file suprise suprise so clearly this is Robinson Way trying to be clever! What would be the best way forward? Should I complain to the Information Commisioners Dept? Many thanks
  15. Thanks for the replies - Should I send the SAR to BT? Hillesden have stated that the passed the account back to BT in May 05 but the default on my credit file shows Sept 05. Once I have this info I guess I can then raise a dispute with the CRA's and hope they can help. I just can't see how I could of been given charges of over £2000. It just doesn't make sense! Star Flower
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