SB100
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Everything posted by SB100
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Do I take it, then, that as nothing appears on any of the CRA's that it is already statute barred? Thanks for your help btw
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No, nothing at all
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(or anyone that they may have sold it to!)
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Nothing relating to cap one whatsoever!
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Ah, ok, sorry. I have no idea what date the default, if any, was registered as there's no record with any of the CRA's!
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yep
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Just checked Experian, it's not listed there either. Weird!
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I haven't checked experian as Checkmyfile doesn't appear to show it - I thought it used to? Maybe I'll have to do it manually?
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I'm not sure, it's ben a few years since I last checked. I knew my credit history was shot for six years so haven't bothered looking and depressing myself! I'd have thought they'd use more than one but who knows!
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I've just noticed something v v curious that I could do with advice on- I've just checked Equifax and CallCredit and they have all of my other agreements listed, but not this one. Could this be Crap1 only reporting to Experian? Don't understand how just this one account could be omitted?
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Default was Jan 2009, so not quite statute barred if using the default date. I'm trying to find out last payment to the account, because if that date is used I'd say we're probably now beyond, or rapidly approaching, six years. Do I write to Lowell's with the 'you've bought a bum account that has been pursued by many before you, and you don't have an agreement' letter?
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Just received the 'hello' letter from Lowell's for the alleged account, which I'm pretty sure is statute barred by now (or will be in May when they defaulted it).
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Ok, interest at 24.9 or 11.6 (contracted rate)
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Hi all, sorry this is going in fits and starts- Barclays went quiet, and as a result I've done nothing about it as I've been bogged down with work. I still haven't dealt with the SAR issue - surely the fact they're writing to home address and have been for 5 years is sufficient- are they just being awkward wanting copy of passport and utility bill, and do I have to send them?
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Ok, thanks. A couple of questions.. What date do I use for the 'date money became owed to you' box? Do I click 'yes' in the 'right to claim interest' box? Presume I use my calculated figure up to the date I make the claim and et the court add it from that date? What do I use for 'daily rate of interest'? Is there any sample wording anywhere to incorporate the removal of adverse CRA data applied solely due to charges? Thanks muchly
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I've made each and every payment as prescribed by the agreement, although they've allocated payments to charges and therefore allege that the agreement has an outstanding balance. It is my position that the agreement, is, in fact, satisfied, and that any sums they consider owing do not fall within the CCA and therefore should not be reported. Playing devil's advocate, though, granted Thanks for your interest
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Whilst I appreciate, entirely, what you are saying- the loan was paid up in full in January. The only sums 'outstanding' are their (unlawful) charges - therefore, as there is no payment due, no late payments should be marked. Do you get where I'm coming from?
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Sorry, just to add, I also want to ask for the removal of any CRA markers that are based solely on charges.
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I've put the charge refunds in on the date they were applied so it's adjusted the interest figure. I presume I use the contracted interest rate? I'm just looking for the wording for the claim form really then will do it online. Thanks
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Ha! They returned it wanting proof of identity! Oh well- in the meantime, whilst the right hand was trying to work out what to do, the left hand sent me a full statement with every movement on the account. I've now put everything in the spreadsheet (including charges refunded, which I've entered as minus figures) and I think I have the correct numbers. Can someone check for me please? Is there a correct way of wording the court claim form? Any guidance appreciated. Thanks
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I'm sorry I haven't replied to this, Slick- I've only just noticed the reply and they've been quiet for a while. However, I'm being 'referred to mercers' again... I need to send off the SAR so I can see exactly what's going on, but it appears that, as I previously though, they're used monthly payments to credit charges so it appears there are ayments outstanding. I'm guessing their next step will be to issue a DN- which will be made up entirely off charges (as I've made the 48 monthly, contracted, payments). Is the SAR the correct way to go, or should I just add in to the spreadsheet the monthly charges they've previously applied (I haven't had a statement for ages). Is this normal behaviour (ie paying off charges out of monthly payments so it appears that there's a bona fide o/s balance)?
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Maybe they're trying to get their holiday money together!
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Fifth anniversary (ok, slightly late) thread update... Had a letter from Cap1 today saying the account (that I've heard nothing of since 2009) has been returned to them from the debt collection agency, and that I should make payment as a matter of urgency - to stop it becoming limited by statute, at a guess! I suspect it already is- the 6 year date is calculated from the ast payment I made on the account, yes? Thanks all
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I have a reasonable idea up until about 8 weeks ago but from a letter I've received today they're still adding charges (for late payment of amounts made up solely of charges!)
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I think I'll need to SAR them, they're still after £2000+ even though I've paid the 48 instalments...
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