What a great result ell, superb advice!!!! Brig.

What a great result ell, superb advice!!!! Brig.

Hello GS, I can not obviously be certain here about accounts not being shown, I have an account that has never been reported on and was told there was no point in reporting accounts below a certain level, some companies don't report at all. Otherwise maybe the accounts have dropped off. You can try to look back at archived reports sometimes they shop on Equifax. Other companies just simply don't subscribe to the CRAs there is of course no obligation for them to do so. Brig.

The situation here is that the CRA does not have any control over the data a creditor or a DCA supplies it is understood that the creditor or debt collector will provide information that is accurate and up to date, the CRAs have no facility to check the validity of data supplied. The route for resolving matters like this is:- 1, Access your file and place a dispute on the entry with all 3 of the main CRAs. 2, A formal complaint to the Data Controller and Compliance Manager of the company that has placed the entry. 3,Copy the letter to the CRA, Data Controller and Compliance Manager. When you have exhausted this complaints procedure you can the formally complain to the ICO. and OFT.

Hi The BRIG here. My apologies to anyone who is/was awaiting a reply from me, the tech problems a still causing trouble one e-mail account is locked and 60 posts on there I cannot access. Some posts are coming through on a new address. Brig.

Interesting letter the mention of 6 year financial history a CRA is also quoting this now. The blank amount box was there a figure there? Discount often means Dodgy paperwork. Brig.

Hello Boo, Just in case you did not seen earlier post This is the ORIGINAL BRIGADIER2JCS (Brig) I have been hacked my old e-mail account vanished and I was blocked from CAG so temporary user name in use. Brig

HiDX, I was just going to post some info on CRA's I have been asking questions on the way data is seen by creditors etc. 1st the 6 years starts on the date of the last delinquent payment, that is usually 1 month after the last payment, this usually occurs when a default has not been satisfied. A defaulted account stays on the file and is or should be regularly updated by the creditor. The entry stays for 6 years and is usually removed automatically on the day after or overnight on the expiry of the six year period. It is wise to note that this event will not dramatically affect your credit rating and it is only then can one start to attempt to rebuild a credit profile, I have reliable information that some lenders are looking for 6 years of credit probity instead of the usual 3 years. Again back to the CRAs and searches I now have an answer to the question of the impact of searches. Table 1 & 2 searches ''Debt collection'' searches are displayed on Table 1 section of the report and will have been carried out by the creditor or their appointed collections agency to help assess the debtors current financial standing and ability to repay an overdue debt. THESE SEARCHES ARE VISIBLE TO ANY LENDER PERFORMING A CREDIT APPLICATION ENQUIRY AND TO ANY OTHER CREDITOR/DEBT COLLECTION AGENCY ATTEMPTING TO TRACE A DEBTOR. Table 2 searches. These searches are for additional addresses, (NOW THIS BIT IS SIGNIFICANT I THINK) when a potential lender does a credit check on you THEY WANT TO SEE 6 YEARS OF CREDIT HISTORY> these searches are NOT SEEN BY POTENTIAL LENDERS there is no contact made between the CRA and the company seraching the file. The searches are removed automatically after 2 years. THEY HAVE NO IMPACT ON THE DATA SUBJECTS CREDIT RATING. I was going to edit this in my signature but I am not allowed to yet. BRIGADIER2JCS.

Unfortunate indeed but they tell the CRA what to place on an individuals file the the information given is supposed to be up to date and accurate, the CRA is unable to check the validity so the data subject must query the entry with the creditor/DCA if it is wrong, as you say the debt is not your s any way you can make a formal complaint to the DATA CONTROLLER at first credit and send a copy to the CRA )s) make it recorded delivery. BRIGADIER2 JCS

Scrooge:madgrin:

CASPER you are most welcome any time!!!

Also a debt that is statute barred can on an application to a judge be opened to trial, certain submissions such as continued contact in the six year period or overriding factors can be put before a court it is a mine filed for both claimant and debtor but cases do succeed especially when the claim is significant.

Hi, Have you contacted your bank regarding the money taken from your account. If not report your debit card as compromised and request a new card and change of account number. Brigadier2JCS

Hi Bazzooka Boo. The Brig the one and only original is still here technical probs and hacking the site team are trying to sort it out so I'm here as a newbie no reps no signature etc. Brig## CAN'T reply to your PM.

The limitation is on court action a creditor can start court action but cannot get judgement if a court claim is issued even day before SB it can be processed. THE GUIDANCE IS JUST THAT SHOWING WHAT THE OFT CONSIDERED FAIR OR UNFAIR. I some circumstances a judge can allow action on an SB debt. BRIGADIER2JCS

Indeed the debt is still live it is not extinguished by being stat barred, OFT GUIDANCE is that a debtor should advise a creditor of the status of the debt and that they will not be paying . The creditor can chase for payment but cannot enforce in court the guidance is that it unfair to chase the debt after the notification by the debtor.

The entry as described at the moment would seem correct if Arrow have purchased an old debt they must update the debtors credit file with their details the only thing that MUST NOT CHANGE#is the original default date. You will of course not have borrowed any thing from arrow they have bought a debt from the original creditor and are now attempting to collect the balance. So what is the original debt exactly, it is unwise these days to rely on missing paperwork since recent case law has changed the rules on this. If you require mor information you will need to do a Subject Access Request to the original creditor the cost is £10 the creditor has 40 days to reply. BRIGADIER2JCS

The entry as described at the moment would seem correct if Arrow have purchased an old debt they must update the debtors credit file with their details the only thing that MUST NOT CHANGE#is the original default date. You will of course not have borrowed any thing from arrow they have bought a debt from the original creditor and are now attempting to collect the balance. So what is the original debt exactly, it is unwise these days to rely on missing paperwork since recent case law has changed the rules on this. If you require mor information you will need to do a Subject Access Request to the original creditor the cost is £10 the creditor has 40 days to reply. BRIGADIER2JCS

Ignore Ruthbridge until they give full details of the debt that they are alleging you owe. This company is well known for chasing debts that no other company will touch, statute barred or unenforceable agreement, the usual tack is a letter from Jason Evans or Julia Evans these two in the past have it seems held all the senior management posts in the company. That said have you any idea what they are chasing. BRIGADIER2JCS

I'm inclined to the opinion that it is come clean time between the parties you your son and the phone company, they easily report a fraudulent application to the police, and taking into consideration the circumstances use of the phone services non payment for the services, there would be no defence. I can only recommend phoning the company admit what has occurred and make an offer of payment, if your son has any income they may be persuaded to accept a monthly or weekly payment but they are not obliged to on a fraudulent contract.

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Hi, Sue it's BRIGADIER2JCS here under an alias due to account hacking. You are right in saying that you are not obliged to supply an I&E to them, so write again saying in view of their recent correspondence you have been prompted to review your personal circumstances you have had to reduce the offer of payment by 20%. State this is your final offer and should they wish to escalate the matter to court you inform the court of their refusal of reasonable offers of payment. BRIG.

Hi, You are not liable for the debt the phone company has failed in their duty of care in that they failed to confirm the applicants age. How ever if the application was fraudulent the can be repercussions for your son as he is over the age of responsibility for criminal actions. IMHO your only way forward is to negotiate with the creditor, if he has entered false information on the application form. I would say if this went to court your son would have no defence. As he has used and benefited from the service provided. BRIGADIER2JCS

Hi Mike, OK the way forward now is a formal complaint addressed to the Compliance Manager firmly pointing out that as it seems they cannot identify you but are still communicating with you at the original address, therefore you cannot communicate any further until they have complied with your lawful request under section 77/78 of CCA 1974 and unless they comply with in 7 days you will consider the matter closed and further contact from them after the 7 days WILL be considered harassment, and their conduct will be reported to the OFT & ICO. Brig. BRIGADIER2JCS

Make a Formal complaint to the Director mentioned. List every thing have done wrong,all the problems they have caused you, and raise the point of passing on/selling the debt while the account is in dispute. Brigadier2JCS