Jump to content


credit checks by Debt Collection agencys


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6036 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello

 

Have been reading all enquiries regarding Debt agencys.

 

I am no angel and i will admit that because i have had a tough time with my health (Cancer) which i have now beaten after 4 years of fighting i owe a debt to a bank. Because of these circumstances in 1999 i left no forwarding address and moved back to my parents who then preceded to look after me through the chemo.

 

I know that mayby this was against my better judgment but i had no option.

 

I have had no communication until last year where a debt agency started sending me letters. I obvoisly denied the debt and have done to this day and will until i die.

 

However i recieved a letter from red collections who want to the anti and come and visit me. ( As if i am going to let them into the door)

 

My question is not so much what to send them as this has been asked before but have the debt agency the right to check my credit report from Experian.

 

I have a high credit rating and every check counts against it. I phoned experian and they said i should just ignored it. However they have just removed it from my account. Could any one help!!

 

I presume that as the debt was 8 years ago i should just ignore it.

 

Sorry for my dishonesty by somtimes circumstances can dictate the ability to pay back debt.

 

cardell:cool:

Link to post
Share on other sites

I would send the statute barred letter to them asap.

 

In terms of searches, although statute barred, the debt does exist, it just becomes unenforceable. Therefore, the DCA is able to search your records in order to trace you for the debt.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

Surely a DCA is not allowed to search your credit file without your consent!

I will look into this

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

Link to post
Share on other sites

It depends what the agreement was with the original creditor - if they are entitled to pass onto third parties for the purpose of debt collection, then yes, they are.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

I see what your saying tiglet, it just doesn't seem right to me.

When I sign a credit agreement I give the original creditor permission to search my credit record and to process information with credit reference agency's. Wouldn't It have to state on the agreement that they reserve the rights to pass on my details to DCA's, who could then continue to process information with said agency's.

just thinking out loud, maybe someone with more knowledge could answer this, but I will do a bit of my own research.

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

Link to post
Share on other sites

It often does - refering to them as "third parties". You would need to ahve a look at your original agreement to see if this is the case.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...