emailed the statute barred letter today. got an email back saying they would investigate. half an hour later got another email saying they would not be pursuing. that will be saved and saved again and again.

i claimed beyond six years- every default charge ever received. at the moment i'd rather let the fos do the work rather than have to prepare for court, simply because i do not have the time.

just got a letter from a fos adjudicator. as you said jon, fos side with egg. och well, its only for a couple o hundred. hopefully they will find in my favour with my ppi claim. thats the biggie!

well, aktiv kapital are now chasing me. they are just thames credit resurrected, aren't they? anyway, got a phishing letter from them. i know for a fact that the account is statute barred. i moved to a new city almost 6 years ago, and have not acknowledged any account since then. and i'm sure it would even be three or four years before that when i last acknowledged the account. do i bother contacting ak to tell them to feck off? i do quite enjoy shafting these leaches and making them look like idiots, but don't know if i can really be arsed. the only thing i'm concerned about is any searches they make on my credit files.

It should disappear. It probably won't because the cra don't seem to trawl every day. But if you contact them then they would remove it. It doesn't matter what type of account it is, it should disappear.

i don't think you'll have too much hassle. just contact the cra and they will do it. cras believe they are above the law but they aren't that stupid that they'd allow the account to continue to show. i've contacted all three cras about defaulted accounts with an outstanding balance showing beyond six years and they have removed said accounts.

well i've had a lot going on so haven't had any time to write an lba. can people help me draft a killer lba?

have sent my complaint to the fos. i'll no doubt hear from them in a year or so.

when the six years from default date is up, the account should drop off the crf regardless of the balance. if the dca attempts to keep the account on the crf, be it as payments up to date etc, then thats a no no. there is no ambiguity.

i'm no expert but i was under the impression that since they terminated the account before they were "entitled to", then not only can't they default you but they can't claim any outstanding balance over an above any arrears. or is it different on hp?

No update. Not had the time to do anything. Truth be told, I'm losing the will to carry on.

fox, how small is small?

I'm thinking of taking legal action against a dca over a default i believe to be inaccurate (date and a high percentage of unlawful charges). they have been unable to prove (or disprove) the default is accurate, despite a sar. what is the best way to tackle this? ask the court to instruct the dca to provide documentation the default is accurate, as they have failed to do so despite my request under the dpa? put forward my evidence as to why it is inaccurate so the dca has to disprove my claim?

i would still sar them. find out if the agreement is enforceable. if its unenforceable then you have a bargaining tool- say you'll pay the debt on condition the default is removed. find out the date the default notice was allegedly sent, and how it was allegedly sent. if they have defaulted too soon then the default is invalid and they have unlawfully rescinded the contract.

i suggest you cca lowell. who was the oc, what type of credit is it, when was it taken out etc.

personally i would phone them up and just laugh at them.

good luck richard. hopefully the supreme court will do the right thing.

yeah, sorry thats what i forgot to clarify- cca request to capquest, sar to citi. if you sar capquest you'll just get letter of assignment etc, nothing really useful.

section 77(1) of the cca1974 allows a request for a true copy of the agreement. it costs a quid and in cases with older accounts it usually throws back a true copy, not an actual copy of the the agreement. in my opinion it only serves as a method of putting an account in dispute if the creditor/dca can't provide it within the time scale required. section 7(1) of the dpa 1998 allows a request for all information an organisation holds about a subject, ie a sar request. if you go down the sar route ask for everyting but i would make sure certain key documents are specified, ie copy of the application, signed executed agreement, t&cs, copy of default and termination notices, how and when such notices were sent etc. it costs a tenner max and should give you any answer you are looking for, although no creditor has yet provided a copy of the default notice or told me how and when it was sent. personally i've sent a cca and sar at the same time. as my debts are older, they have generally failed to provide a cca within time, allowing me to put the account in dispute, giving me breathing space. the sar has then proven an enforceable agreement doesn't exist and then you can start making your demands to the dca.

you have a copy of the agreement?

when was the loan taken out?

i would agree. removal of the default should be a condition of paying it off. i would write and demand removal on the grounds it is ridiculous your creditworthiness will be damaged for six years for the tiny sum of £87. i would then go on to say that if you are refused credit because of the default, then you will be forced to take legal action to remove the default and for compensation for damage to your creditworthiness. you might have a better chance of success if you offer to pay the remaining £60 from the balance.

before tackling the defaults, it helps to have information. have you sent a sar? is the agreement enforceable? etc etc

well i'd have to say from the little that you've divulged, that as they had frozen charges and interest, you had breached the agreement, therefore they are entitled to default you.

has the debt been sold on to a dca?