SB100
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I've just checked my credit file and the date the default, showing in the name of Link Financial, is dated in May 2010- some six months after the DN was issued. Can I take issue with the CRA's regarding this- I'd much rather the 6 years was over this November than the end of May next year! Thanks
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Hi DD, last payment was made in or around August 2008, without checking my files I think the CRA's are reporting until about March. In all that time they've never come up with anything other than an application form without prescribed terms, so on pretty shaky ground even in the event it's not considered statute barred. At a guess, they'd be reluctant to try it as the setting of a precedent could do them more harm than good. Thanks for your help Just checked, last payment made by DD 9/9/2008, Default was dated 12/1/2009 (although the CRA's report it dated 14/1/2009)
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Well, I received a reply to my letter in August claiming it was statute barred - and it's definitely over 6 years now since the last payment to the account (I never did acknowledge it's existence). They've essentially sent a copy of the terms that they claimed were on the application. Nothing with my name, address, signature- nothing. They do claim that it complies with the regs, but I don't suppose that's of any relevance now its barred. They haven't made any noises in response to my claim that it's barred, but are now bombarding me with letters and emails. Should I reply or just ignore? To be honest, its not causing me any stress. Is 6 years since payment / acknowledgement set in stone, or could they make something of 6 years from date of default? As I understand it, it's since my last action on the account, not theirs. Thanks
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Thank you, again
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Will do, thanks. BTW, I didn't mean that maybe they'd be feeling generous as it was Christmas, more that they wouldn't want it hanging around over the holiday period where I may obtain judgement if it got missed - ie getting it off their desk so they can go to the pub!
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Thanks Slick- this is Clydesdale / Barclays partner finance, not Barclaycard?
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Has taken ages (due to other commitments) but I've finally managed to save enough money to issue proceedings. Would it, tactically, be a good idea to issue now- when people want such things off their desk? Thanks again for all your help
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Thread revival alert! I've received a letter from Connaught, today, in response to my letters of August last year. How about that for a timely reply! They once again completely ignore the fact that the account was terminated well before the date on the DN and sent me the Halifax 'final reply' for about the 20th time... which also ignores the unlawful recision. They also attempt to refute my advice to them about doorstep visits... My inclination is to send my last letter, again, with a covering 'issue or shut up' note, and once again re-iterate the no-doorstep advice. Any thoughts?
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T-Mobile - Lowell - Default never received - only £28!!
SB100 replied to SB100's topic in Telecoms - mobile or fixed
Is it worth an SAR to T-Mob to see if they recorded the default- if not, surely reasonable grounds for me to have it removed? -
Hi all, I started receiving calls from Lowell last week over an alleged balance of £28 owing to T-Mobile. I couldn't initially work out what it was, but my mobile was originally with T-Mob, they 'upgraded' me to 4g and the contract moved to EE and looks like I missed the last payment with T-Mob, so I do owe the money and will quite happily pay it. However, I checked with the CRA's and they registered a default against the account in January for the princely sum of the £28. I have never received a default notice. Is there any way I can get it removed, or am I going to have to put up with a 'satsfied' marker and my credit file being blighted for the balance of six years? Thanks.
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I know
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Wow, cost of issuing CCMCC claim for £3300 is £205!
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Thank you
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Ok, two weeks are up, was just about to post and ask for pointers on what needs to go on the claim form and a letter pops through the door. Seems the figure they said was 'two months in arrears' last month is still 'two months in arrears' - but has reduced by £67.50! Just called to ask why, and apparently they've refunded £157.50 in 'duplicate fees' and have closed the complaint. Haven't written t tell us or anything. It seems they're getting a little confused. Can anyone point me in the right direction for the wording on the claim form? Presume I do through moneyclaim online? Thanks for your input, everyone
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Ok, thanks. That's what I was planning to do. Unless they can provide something more than the scanned application form they sent me nearly six years ago I think they'll struggle. With the help of CAG I've fought bigger and better and won
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It wasn't on any of the CRA's when I checked last month, Brigadier, first showed up on 22nd September 2014
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No sign of anything from Lowell, however, I have a new account showing on CRA in the name of Lowell and showing D. I'm not especially pleased about that as they've come up with nothing to back up their claim. Default date showing as 14/2/2009, but I stopped paying a long time before that. Pretty sure that this is over the 6 year hurdle now, so shouldn't be reported. Is there anything I can do about that, or just sit tight until Feb?
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Bugger, you'd have thought the post office would have told me that! Just waiting for a new statement so charges are right up to date and will do as you suggest. Thanks again
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Barclays Partner Finance P O Box 3979 Glasgow G51 1YL From what I can gather, recorded / signed for mail doesn't get accepted. I've had replies to non-recorded that I've sent to that address, so can only guess they're playing silly buggers. All I ever get is letters advising charges, and threats to default (they always used to send DN's on the button, they've stopped since I pointed out that all was left was unlawful charges). They're still adding charges to the account for arrears and late payments. I only get a statement if I request one.
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Getting pretty p'eeed off with this now. I've sent the lba and spreadsheet, twice, to the address on their recent correspondence, and, for the second time, it's been 'returned to sender'. Grrrr. Going to ring them and ask for latest statement as they've added even more charges and late fees now!
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Just checked, none of the CRA's showing any trace of it
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Difficult to tell as none of the CRA's have it listed (I'm pretty sure they did when I last checked but that was c5 years ago). Their letter was Jan 2009, theyre saying default registered feb 2009. Shall I leave them to it or point out their error with BMW v Hart? Thanks
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Reply received, stating that due to BMW Financial Services (GB) Limited v Hart (2012) the clock starts when the account went in to 'defeat' (I know:roll:). Thus, they say it's not timed out until Feb 2015 - although the CRA's are no longer reporting. They've requested a copy of the agreement (which they haven't been able to produce for over 5 years) and a statement, so this should be interesting. Do you think I should leave them to it, or point out that several other CRA's have already tossed it back to Crap1?
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Absolutely, posted it yesterday so watch this space!
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Ok, thanks again
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