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Good morning Caggers It has been some time since I last wrote and to that end I could do with a little update please? I had several loans to which I had defaulted some 6.5 to 7 years ago now. Now, out of the blue, I have DCA's and banks requesting payments on them. They have completely vanished from my credit reports. What is the correct course of action to deal with them please? Many Thanks for your help in advance! -
Hopefully this will be the right thread as is a general CCJ question: I had a CCJ placed on me on 10/09/09 by an architect who had done some plans which I had paid him for. He then decided business was tough and invoiced me for additional £3k fees - which I refused to pay as had already paid the agreed £3.5k invoice. Thought nothing more about it, heard nothing else about it until July 2014 when received a letter and an email from Lombard Legal claiming they were acting for the architect. Brilliantly the letter and email both had different amounts owing - a total of £1800! I ignored the letters and again forgot all about it, Lombard Legal didn't and then in November 2014 I got an email and a call - followed 45 minutes later by a visit from 2'Lombard Agents' coming "to collect what I owed their client". The agents and the company are currently part of a Merseyside police investigation and so again I thought nothing else of it. Then last Saturday I received a letter (dated 14/09/15) from my old friends at Redwoods saying they were acting for the architect and were pursuing the debt that I had to pay to them. This was followed by a letter received yesterday from their side kicks CW Harwood saying I had to pay Redwoods or all sorts of actions could be taken - including County Court proceedings being issued where a judgment could be awarded against me. Just taking a breath and thinking about this logically thought first action would be this post to get the thoughts because from what I can see the judgment was 10th September 2009 and this action is earliest 14th September 2015 - so over 6 years. My questions are: 1) has it become statute barred? 2) if not why not? 3) if so do I need to write to them or the courts etc? 4) Is there a type/template of that sort of letter? 5) what else should I be doing? I am hoping that my thoughts are correct but not sure - hence help request! Thanks
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Brief description, £11,343 - Egg Loan (original loan was £15k), Aktiv Kapital (UK) Ltd (Not showing on my credit report) - when was you last payment? Through dmp once every month So they have sent refusal letter and a response to a CCA request. whilst awaiting the cca, collection has been removed AK 75% discount offer letter
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Hi all, newbie here needing advice before possible court action. I was in dispute with Aqua over charges applied after they closed the account and my account was being managed by their dispute team. However, Aqua sold the debt refusing to accept my dispute. I had been getting hassling calls from DCA and kept asking them to return the account to Aqua. Eventually after about 5 calls in 2 months i sent them a Cease and Desist email (I know it should be by mail but they confirmed receipt of the email and later in writing.) They have since just sent me copies of statements showing the balance being claimed matched the last statement. Conveniently they had no record of the dispute with Aqua. I dont dispute all the debt and offered them same as I offered Aqua (750 of a 1000 balance - the extra being i believe unenforceable charges --In brief they've closed the account because they withdrew the product from all customers apparently. I have a letter showing this and sent it to DCA. At that time Aqua should have closed the account (to confuse matters Aqua never actually closed the account when they said in writing they would) but had they done it, i no longer had a line of credit and my argument is you cant charge overlimit fees once the limit is removed by closing the account. I refused to pay them anything all the time they continued to charge me these fees, hoping common sense would prevail I suggested to DCA they have 3 options - return to Aqua, accept my offer which is still probably double what they paid for it or take me to court.. NB Till now, they have not yet sent me a copy of the original CCA so i suspect they are unlikely to go to court without it. Just to add all the comms between me and Aqua were via their secure email as part of my account and i attempted to get a copy of those mails and Aqua claim they are no longer available so evidence of the exchanges cant be found. Hence i am looking for general guidance about : 1) Can a CC sell an account in dispute? 2) Can a DCA refuse to return an account in dispute with the original CC 3) As part of the C&D letter I told them I would start charging for my time if they contact me further unless its to accept one of the three options - i wont physically invoice them but presumably can keep a record and if it goes to court and i win ,deduct it from my settlement? 4) Any thoughts on my statement that once a CC account is closed by pure reason of them no longer offering the service, can they charge overlimit fees still (and interest on that overlimit fees) when i no longer have a limit. Surely it now just a debt which needs to be repaid? Thanks for your attention... -
Can a debt be passed to a DCA without a default ?
BobbiB posted a topic in Credit Reference Agencies
Hello, I am currently on a DMP and trying to clean up my credit file. I have plans to do CCA / SAR requests later as I need to establish current balances and total charges and interest but first things first I want to clean up my credit file. I currently have one account showing on my file as Arrangement to pay. I know they should have marked me as defaulted in line with ICO guidelines 6 months into my DMP but I have been told on the phone they don't need to follow ICO guidelines. I have now put in a written complaint and am waiting for a response. While waiting I have done a lot of research and am now thinking they might actually have breached the Consumer Credit Act as section 87 states that service of a default notice is necessary before the creditor can become entitled, by reason of any breach by the debtor of a regulated agreement (a) terminate the agreement. 5 years into my DMP the original creditor passed my debt to a collection agency who are have continued to record AP markers rather than default me. Am I right to believe that by law they should have defaulted me before passing the debt to a DCA ? Does it makes difference if they sold the debt or if the DCA are acting on behalf of the OC ? I am not sure which applies in my situation. If they have broke the law according to the CCA how do I go about rectifying this - do I need a solicitor and to take them to court ? Thanks for any advice as I can't find anything online about this just the CCA itself. -
I have a good credit file now except for motor mile. That is statute barred in a few months. I have been getting a few strange calls from a call centre and a chap with a Scottish accent. This time we spoke and he said he was from Vanquish and asked to go through security. I declined and on asking a security question of my own he did not even know where vanquish were based. I do have a vanquish card and the credit limit has just been increased. Anyone looking at my credit file can see i have a vanquish card so alarm bells started ringing that this was a DCA on a phishing trip. The phone number was withheld as well
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After getting a positive result last week in the court as to one of my past credit indiscretions, another pops up. At the time i used my brothers business mailing address as i was Sofa Surfing. I had put the account into dispute with the original creditor. This was in 2009 In april last year i received a letter from a well know DCA phishing at my home address, i ignored it. I have just received another letter by a another well known DCA saying that they were given my new contact home address as they could not contact me at the mailing address. They then ask if i am not the named person to contact them so they can update their records (Phishing exercise) It is obvious DCA 1 has asked DCA 2 to collect on their behalf This debt relates to a well known finance company who specialised in ripping off sub prime clients with APR and fees and is of a considerable some This account becomes statute barred in september, another 8 months Any advice will be welcomed as the last thing i am going to do is phone them
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Ok a quick scan on his forum says I'm not alone but here's my story - just wondering what the best set of steps is, i.e. complain to NPOWER even though I'm not a current customer, raise it with the regulator, or other options. I was with NPOWER until December 2014. I paid my bills on a monthly direct debit budget scheme. When I switched suppliers I very kindly received a cheque from NPOWER for the balance on my account and thought that was that. Of course I then got bills, lots and lots of bills with lots and lots of amounts. It took them, in my opinion far to long to switch me as well. I contacted them and asked how I could owe them anything when they'd just sent me a refund, asked them to send me definitive bills with readings etc. In the end I gave up and heard nothing. in August I suddenly got a series of communications. At the beginning of August I got 2 bills, one for gas and one for electric, 16.19 and 4.37. Then on the 12th of August I got a reminder for the gas, at £293.98 and one for the electric at 129.97 (remember I haven't been using them for about 8 months now!). These were quickly followed by those very special telemessage things that are supposed to scare you on the 26th and 27th August. Now here's where they really excelled themselves because on the 28 August I got a threatogram from Collections Direct for the gas, 293.98 (at least the amounts were now consistent) but one day later, on the 29th August I got a letter from NPOWER advising me they'd made a mess of it all and were writing off any outstanding balance. And all went quiet. Now I'd have to be honest and say I could not have told anybody whether I did or didn't owe them any money. The number of bills I got showing different amounts - including a refund - had me completely lost. Now today I receive reminders again, pay in 7 days etc etc. So I want this gone once and for all. I've not been a customer for over 15 months. So do I complain to them in the first instance or should I just take this straight up the food chain? -
Hello all I have been having a problem with O2 I defaulted on a phone contract . They have now passed it to Westcot. The contract was one of the newer contracts which gives you a contract for the phone and a separate agreement fro airtime . I am not denying the debt and want to pay O2 but they keep referring me to westcot. from the library I sent them the cca request and the reply have come back which I have uploaded . I just want so advice what to do next. Thanks Brian
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Hi, just looking for a bit of advice please. I have a few credit cards and 1 store card debt from about 9-10 years ago. I was paying £ 1 per month but stopped after being treated for cancer last year. The debts have all been passed around to different dca's and now I've (hopefully) finished treatment I want to start tackling them. Is there a thread on sending cca letters that explains the whole process as I know there have been changes that may affect me as I took the cards out before 2007 s o would like to know if it's worth me starting the cca process. Would be grateful for any advice or if someone can point me in the right direction. Thanks in advance Lucy
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Hi there, I had a Barclaycard I thought had been defaulted with the CRAs back in 2009 due to a Notice of Default I had received. Barclaycard actually added late payment markers '6' for over two years before closing the account and selling on to Cabot. I have spoken with Barclaycard and I think they are going to agree to a retrospective default. However, I am arguing this should have been in May/June 09 when they first send Default notices and applying default sums to the account. They are saying Oct 09 is when their records showed the account was regarded as a defaulted account. Obviously if they do this and it is May they agree to then the account would be 6 years from default and should be removed entirely from my file, correct? But what would then happen to the Cabot entry? It is the same debt but they are reporting an arrangement to pay (albeit they haven't shown the diminishing balance of those payments since 2011). I have already written to both Barclaycard and Cabot and the CRAs complaining. But I want to know how I go about and if the Cabot entry must come off once the Barclaycard default 'falls off'? Thanks -
Can someone please help with this. I and my husband have received letters from pcs saying we owe £1007 in overpayment. We haven't had wtc for a few years and don't believe we owe anything. What do u suggest? Friends have said to ignore it because if we respond we are admitting we owe it. I'm at a loss as to what to do I hope you can help me please. I am on disability pip payments at moment and this is causing me to have panic attacks
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Hello eyeryone, Im new here so I hope Im in the correct place to post. I had a small debt with HMRC. I was late in filing my tax return, I had moved house and during that time letters went astray. The first I heard of the late fees debt I paid it in full direct to HMRC. However, I am now getting harassing telephone calls, text messages and threating letters from a debt collection agency working on behalf of HMRC asking me to pay the very same debt I have just cleared. I have asked them to stop contacting me and told them that the bill has been settled but they still persist. They have threatened to call at my home and seize my posessions and take court action against me where all sorts of fees would be added. Is there anything I can do? HMRC account says my bill has been paid. Thanks for any assistance. juneberry
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Hi, I sent a letter to a DCA who have purchased an old credit card debt asking them to remove the default. I also sent solid evidence as to why the default should be removed. However, a week has now passed with no response. Could someone give me some advice on the next letter I should write or possibly a template? Thanks Eagle
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For those who have had bad treatment from Harrington Brooks then this may offer some comfort. http://www.fca.org.uk/news/firms/debt-management-firm-harrington-brooks-redress -
Not sure where to start with this...but am in the process of getting my affairs in order. I am awaiting various SAR replies, CCA replies, some PPI claims and at some point some charges claims. I am trying to do things in a sensible order now rather than going off half-cocked! Had some very useful advice from DX that made me look at things in a different way but moving on from that i'm trying to consider some of the next moves I may need make, and i'm trying to get my head around what the law says. Firstly I should point out currently my debts are being managed through the CCCs and I have one CCJ i will be paying for a VERY long time. This CCJ also carries a Charging order on my property - but i'm staying put so no worries there! Most of my defaults are three or so years old and I am paying nominal amounts on them. I suspect of the three non-ccj debts that have been sold on two of them will not be able to provide a valid CCA. One of these debts for some reason doesn't have a default against it but shows as an arrangement to pay on my credit file every month. Is this allowed/legal/acceptable as they bought it with this arrangement in place? I've seen estoppel mentioned but I don't know if it applies to me? If i understand things correctly this DCA can register a default on my account if i were to stop paying - and this will be the case until such time as i have paid this debt in full or come to a full and final figure? With regards to the other debts if i just pay for the next three years and then stop on the basis for example that the debt is unenforceable i cannot be punished on a CRA by any means ie second defaults can't be registered, i cannot be taken to court, etc as i will have already had the default registered on the account. Hope this is making sense. Would welcome any input - especially on the legal side of things. Hx
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A DCA paid money onto account to make me liable for a debt , I now have the proof that they did this , what can I do , as its showing I made a payment, and by doing so its implying I accepted that I owed the money. -
Hi guys I am a newbie to this forum, but decided to join as I read some interesting stuff on here particularly regarding Marlin DCA. I have an existing credit card debt with Egg which last payment was made back in 2009. I received a letter this year from Marlin who are chasing the debt on behalf of BarclayCard. I wrote to Marlin on the 3rd March 2013 requesting a "true copy" of the original credit card agreement (s78 of the CCA). I then received a letter from Marlin on the 23rd March 2013 stating that "We do not hold a copy of your online agreement and have therefore applied for a copy from the original creditor and will forward upon receipt." A few questions: Is my letter of the 23rd March a valid CCA request or does it need to worded in a certain style? Should I have sent a failure to comply letter after 12+2 days or does it not matter too much? Based on the answers to my above questions, since it is now 13th May and I have not heard anything, is the agreement unenforceable? Thanks in advance.
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This one is complex, I’m hope somebody can offer guidance… I entered an IVA that subsequently failed on the 13th of October 2008. No acknowledgement or payments have been made by me and as of the 13th of October 2014 I consider the debt to be Statue Barred. I have a letter from the accountants managing my IVA dated 13th October 2008 that the IVA failed, along with a ‘Final Report’ that there have been no distribution of funds and that there was ZERO balance in my account. All monies I paid went into paying the accountant. Just as the debt (in my view) became Statue Barred the DCA contacted me after almost a two year silence - I replied with a standard Statue Barred template letter. It now transpires that as a result of the Paymex Limited vs. HMRC (VAT refunds on IVA’s) a bulk payment to the DCA from the accountants included a £14.36 VAT refund of my IVA that has been distributed across the accounts the DCA hold dated 11th December 2012. Naturally the DCA now claim that the debt is not Statue Barred. I would beg to differ. The Paymex vs. HMRC case was completely out of my control. I was not informed that the accountants would make the VAT refund to the DCA. In my view they (the accountants) acted independently, and my relationship with the accountants terminated on the 13th of October 2008. As such the debt is Statue Barred. I hope that somebody can provide any guidance on this issue – and what my next steps should be in responding to the DCA.
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Hi first time on the forum so might not be in the first right place sorry. I have just been contacted from a dca about a old debt of mine. They have just sent me a letter saying they have bought a debt from my old current account on December 2011! I have not used this account for years 5.5 years plus and only had £300 overdraft so have no idea how I can owe all that's money on it. I also had a loan with the same bank but that is not mentioned in the letter. I have read that after 6 year the debt is non enforceable. I have deffo not paid towards these debts for over 5.5 year and could be over 6 but don't know how to check. I have not replying to them. What. Are my options? Thank you for reading
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Hi I defaulted on a Co-op credit card debt a few years ago. It was eventually passed to Fredrickson International, with whom I have an agreement, which I have never missed a payment on. The debt has fallen from over £6k to just under £5k, so my intentions are clear. I believe, but cannot be sure, that at one point the Co-op sent me a letter saying that they're done with me, no more contact etc. I recently received a letter from "Link Financial", with an enclosed letter from the Co-op, saying that the Co-op has sold my debt to Link, both agreeing that I should now be paying Link. It mentioned that if I was already paying a DCA, then they'd sort it out among themselves. I am fairly sure my contract with Co-op was terminated when I started dealing with Fredrickson. I heard nothing more for a couple of months, except Fred said I had missed a payment on Jan 1st, but I think that was a glitch in timing. In late Feb I got another letter from Link which told me to stop ignoring my debts and get in touch with them to arrange a payment plan. I emailed them a week ago detailing my confusion, and have not received a response. Today I did receive another letter from Link demanding that I sign and return a standing order form (no thanks, I can set that up myself thank you!) - the terms were all the same as my deal with Fredrickson except for the payment date, which states 30th of each month rather than 1st. Obviously this will be a major issue every other month, when I'm paid on 31st! In all this time I've had no contact from Fredrickson, who have been happily accepting my payments and updating my balance accordingly - each letter from Link has the account balance printed on it, and it has reduced according to my payments. So should I alter my standing order to pay Link instead of Fred? Won't Fred still be wanting the money? Why has Fred remained silent on the matter? I've already received a "non-payment" threat from Fred, SINCE the transfer Link claims happened, even though the payment was made on time as it is every month. Thanks for any advice - I've been a bit succinct because tbh, I don't know which details are relevant.
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Just before Christmas I received a letter from the County Court in Northampton that Cabot DCA had decided to take a CCJ against me without warning. I have never heard of Cabot until then and the CC company had not informed me that they had sold my debt over to them? So instead of taking the advice of the CAB I who just want you to just cave in and take it. I decided to fight it with my very limited knowledge. Below is the letter I got back for Cabot Solicitors. My Defence was That I had not signed a contract with Cabot (which i know id weak) and that I had not had any letters from the CC company and Cabot telling me that the debt is now with them, which maybe my best hope of defence? To me it looks like they don't want me to defend myself and want me to cave in? Please can you give me some advice? Thanks -
Hi again So here you go again another copy and paste of my brief story .. Enjoy ..Oh and my 3rd alleged debt.. Please help So my story.... I used to work for HBOS plc (Halifax) as an IT specialist. In July 2007 During my time at HBOS I became severely ill with encephalitis (similar to meningitis) which left me disabled and stuttered and completely inaudible amongst other symptoms. As a result In 2008 I was let go by HBOS after 8 months of SSP - due to my long term sickness. Debt 3 - Halifax Packaged Account Defaulted in 2007/2008 - one of those pay £15 a month for perks you never use. Debt now owned by Lowells. I worked for Halifax they signed me up as staff and I didn't really get much information about the account other than internal IM comm's. Last Payment I made to this account must have been 2007/2008 as I was in a coma after that and there was no money going into that account. My overdraft was £1000 - so the extra £468 must be charges and unpaid monthly fees. Debt has been sold to Lowell who have just sent me an annual statement of account.. From what I have read on the Forum I believe this debt is now Statute Barred? My next steps... Not to acknowledge the debt? CCA request? Statute Barred Letter and removal from credit file? Advice and help and comments and sticks and stones and the kitchen sink... Let me have it Please Thank you Beautiful People -
Received a claim from the CCBC for the aforementioned above. Acknowleged and entered one of andyorch,s defence's from on here. " Many thanks Andy". So ok so far. received N180 D/Q Filled in and sent copy's to CCBC and claimant. Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this. Any assistance would be greatfull espescialy andyorch if your available Thanks so much. Name of the Claimant Lowell portfolio I ltd Date of issue I have acknowleged and sent one of andyorch,s defence What is the claim for. THIS CLAIM IS FOR £450 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/GOODS. THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWEL PORTFOLIOL LTD. ON XX/XX/XXXX AND NOTICE SERVED PERSUANT TO THE LAW OF PROPERTY ACT 1925 PARTICULARS RE; HBOS A/C XXXXXXXXXXXXXXXX AND THE CLAIMANT CLAIMS £ 450.00 THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/XXXX TO DATE AT 8% PER ANNUM AMOUNTING TO £33.02. What is the value of the claim? In the particulars of claim the sum alleged is £450, However the full claim is for £480+court fee £35 +sol cost £50= £533 Is the claim for a current or credit/loan account or mobile phone account? Basic Bank account. Cardcash When did you enter into the original agreement before or after 2007? 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigend as far as the particulars of claim goes, although I was not made aware of this. Also this Account was disputed to the original creditor. Received the usual response. then passed on to at least 4 different collection agencies, of all who responed to with a letter of account in dispute. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, see above Did you receive a Default Notice from the original creditor? No not that I am aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not heard anything until the County court claim Why did you cease payments:- Around 2009 Was there a dispute with the original creditor that remains unresolved? Yes. Not resolved by the bank and told to complain to the F.O.S Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Sent at the time. Was told that current accounts not regulated by this act... Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Have done so. no response.
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i have been with vodafone as a Customer for about 20 years, with the same number I will add, in the last few years the customer service was diabolicical, i choose not to pay via DD as vodafone prevoiusly cannot be trusted to take the money when they should, and thus is used to pay by their portal throughout most of 2012 & 2013 this portal never ever worked it was offline or had an error, the telphone payment service was too painful to use , having teh money to pay the bil was never an issue getting them the money was! main isuse was back in july after a text mesage for vodafone threating to suspend my account due to none payment, at this time teh account was set up on a direct debit for about 6 months, any way i rang teh foriegn helples desk person ad vodafone and she told me after taking bank detail all wil be ok i stipulated and im stil waiting for vodafone to provide this recording that vodafone was advised if my service was disrupted again i would cease to be a customer dure to breach of contract which was accepted by teh vodafone agent, any way 2 days later my phone service ceased. after a very heated converstaion and taking about 20 mins just to get through to teh right person i was descied that i was going to leave vodafone and vodafone was going to let me leave, they also promised to send me a copy of teh contract which im stil waiting for, ther are also other issues to do with canceled insurance, wrong insurance which i can idd but wont add teh details here. In short as adised by one of teh Vodafone representaives as was advised this is best course. I wanted to leave Vodafone amicably without any extra cost, but now Freds are involved and added 15% to account Z Voda ref #8490120
