Continuing a financial arrangement.

[Undercover-Elsa]

Sounds as if this poor lady has enough on her plate without having to deal with these sharks. Well done you for being so kind and helping her.

 

Elsa x

[sameagle]

This is going to look very strange, but I met her when I was looking for a dance partner!

 

She can manage one dance, if I hold her up, and then that's it, but I found a friend.

[Undercover-Elsa]

Awwwww that's lovely!

[sameagle]

Hello again,

 

My friend is back from her Xmas holiday, and I got her to sign a note to each of the three CRA's, and sent each note off, enclosing a £2 cheque, drawn on my bank.

 

Each note had her name typed at the top, "c/o [my name and address], plus a line that stated that I am her money advisor, and that the CRF should be sent to her, at my address.

 

So far, just the "Call Credit" CRF has been received - however, under peculiar circumstances.

 

Today, I happened to be talking to a friend in Stoke on Trent, and he introduced me to a lady that was standing next to him, and said, "Oh, by the way, this is the lady that moved into your friends house, back in June"

 

So I shook hands with this lady, and she said "I've got a big envelope that was delivered for your friend yesterday, if you want to call, you can have it"

 

Turns out the "Call Credit"people had totally ignored the request, and sent it to the wrong address, and when it was opened, [it had been steamed open before I received it] we discovered that they also list her present address, on the file, anyway!

 

The Call Credit file, list several store cards that were paid off quite some time back, plus just two of the five that she presently pays .

 

One is CapQuest, [OC Sky credit card]

 

They list the "Original Default Balance" as £1390, but then go on to list the monthly £1 payments, [made by me], as starting with a balance of £1513 in Sep 2008, and the latest in Jan 2012 as a balance of £1473 - a bit odd, methinks.

 

In fact, my payments commenced before Sep 2008, and I have bank statements listing every cheque cashed.

 

The OC of the second, was Beneficial, but being paid to Robinson Way.

 

This one is very scrappy, because they state "Original Default Balance" £3330, but only list payments from Feb 2006 to Dec 2007.

The balance commences at £2563 in Feb 2006 and reduces by £176 until Sep 2006 when it jumps up by £87!

Then up by £36 in Dec to £2587 and to £3330 in Jan 2007 [was this the "Original Default" I wonder, because if it was, how the hell did it get to that amount?]

Then it stumbles about a bit until Dec 2007, when it has a balance of nil!

.

The best way to explain the payment and account status is this way.

 

Payment Status D D D D D D D D D D D D

A/c status DA DF DF DF DF DF DF DF DF DF DF DF

Payment status 4 3 2 1 0 0 0 0 0 0 0 [last space blank]

A/c status BB BB AA AA OK OKOKOK OK OK OK [last space blank]

 

I hope that the other two CRF's arrive soon, but in the meantime, what should I do, please?

 

Sam

[dx100uk]

hehe dont get a cra it alerts them to your new address.....oldwives tale.

 

well the ones that dont show stop payments now.

 

looking at the rest

 

dx

[citizenB]

Are these leeches adding charges and interest ?

[sameagle]

Even Natwest and Barclays?

 

Both of those were credit card debts.

 

Sam

[sameagle]

Citizen B - I'm at my friend's now, and she's unsure of the exact details, but she's say's that there were only two HFC/Beneficial loans, and that they were for £500 and £1000, so there must be charges and interest added.

 

Sam

[PriorityOne]

hehe dont get a cra it alerts them to your new address.....oldwives tale.

 

well the ones that dont show stop payments now.

 

looking at the rest

 

dx

 

Got your blinkers on again DX, I see....

 

I'd love to know what your day job is....

[dx100uk]

no, my eyes are wide open - fully wide open - and on you and what you are up too...full time!

 

dx

[PriorityOne]

no, my eyes are wide open - fully wide open - and on you and what you are up too...full time!

 

dx

 

Yep..... same here DX.... I think my days are probably numbered on here now though.

 

I've been on these forums for a very long time and am completely bemused by some of the advice offered by certain "orange" people these days. Telling people to constantly check their credit files protects no-one from legal action and it seems irresponsible to shovel people towards doing this and poo-pooing the risks involved.

[dx100uk]

who said anywhere here a CRA protects you?

but neither does a CCA!

 

there are no 'risks'

only old wives tales.

 

even if the 'perceived risk'

is it supposedly 'alerts' other creditors

that the punter has debts and - 'im here'

 

tough, thats debt avoidance - tackle the debt not run away.

 

if the debt exists and there is a clear financial link with statements etc etc

and a recon agreement.

no judge today is ever going to agree with someone saying:

'it's not my debt judge - look, this cca is 'faulty' its not ticked here or dotted there.'

 

if the debt was genuinely never the punters, then a CCA is very useful

because there must have been fraud somewhere.

Thats when to go to court.

 

but indicating to people that they are safe because the cca has errors

or doesn't exist is not.

 

a CRA report will give a very good, and P'haps the ONLY

global overview of a punters financial situation

and even indicate those debts that might not even need paying [with further digging]

as they don't show so could be SB'ed, or written off years ago or WHY

and its free

 

a CCA or multiple cca's or the 'continued' loop that people get into

oh new dca - fire off a CCA, oh another dca same debt, fire off another CCA.

costs money and tells you nothing about that debts history or the global picture

or deals with the root issue.

 

CAG is not here to promote or condone debt avoidance - in any shape way or form.

 

we are all here to help with whatever tools are best needed

and suited at that current point in time of the punters investigation.

 

there are also far too many underhand members, that, sadly,

appear to be using CAG as a meal ticket to make money

for their 'mate the solicitor', themselves or referals

to other sites that do not prevent such 'touting'.

 

Newbies then find themselves paying fees for this 'help'

in front of a judge, arguing on some 'paperwork wriggle'

after being bolstered up that they can 'get out of the debt'.

Lose & are left high & dry by the 'touters' & in a far worse situation.

 

No thanks! - thats not how we do things on CAG.

 

dx

[PriorityOne]

 

even if the 'perceived risk'

is it supposedly 'alerts' other creditors

that the punter has debts and - 'im here'

 

tough, thats debt avoidance - tackle the debt not run away.

 

 

... and that, DX.... is the crux of the issue between us. DCAs purchase these debts when creditors write them off for tax advantages..... and where that's the case, I would indeed urge people not to pay and to challenge docs.

 

If that DCA then decides to issue court papers, checking credit files won't make a jot of difference.... Isn't it Westcot that's part-owned by Experian?.... I know one of them is or would that be another "old wives's tale"?

 

People need to know what they're getting into, that's all.

[sameagle]

I'll report back when the other two CRF's arrive.

 

Sam

[sameagle]

dx100uk,

the files from Experian and Equifax haven't put in an appearance yet,

but I only posted them, with the Call Credit request, around last Wednesday, so I'm content to give 'em a bit more time.

 

In post #30, you said that you were "looking at the rest", have you decided what is the best course of action for these two?

 

Don't be afraid to recommend sending each of them a ten quid cheque, for an SAR,

I can afford it on my friends' behalf, and anyway,

I'd quite like to shoot the b'stards down in flames, given the chance.

 

Staffordshires been quiet today, so Sam the Eagle has been in the shed, filing his claws, and eating raw meat, and is getting ready to swoop, if necessary !

Edited January 30, 2012 by sameagle
spolling error

[dx100uk]

will do sri been in/out all day

might have gotta early retirement at 50 but the old job has strings

 

dx

[dx100uk]

yep i think you are correct that an SAR to each to

findout historic penalty charges & p'haps PPI is in order

 

not so important on the sky card p'haps

i think that just might be left at £1 for now

 

but certainly on the benny card [most prob HFC i bet]

will have penalty charges and i bet compulsory PPI .

 

dx

[sameagle]

OK, thanks for that, the Beneficial one was taken out with HFC, I am told, so it might make interesting reading!

 

As far as retirement is concerned, I can recommend it, if you can afford it, I finished at 57, in 2003, redundancy in my case, long time divorced, so I only have myself to look after, and fettle for.

 

Don't get the wrong idea, it's not all "beer and skittles", in fact I've never owned a set of skittles.

 

You have to get out of bed each morning and make a cuppa, to take back into the bedroom, whilst you listen to R4 from eight until nine, you need to instruct the postman not to be too noisy when he delivers letters that might rustle too loudly, you have to decide which carvery to lunch at each day, and the terrible lack of stress causes your chlorestorol to drop into your boots - mine was measured at 3.4 a fortnight ago, I have a beer or two each evening to compensate - horrible, but I'll manage, somehow.

 

I'll get Beneficials' SAR off now,

 

Thanks again, 73's, Sam

Edited January 31, 2012 by sameagle
Change SRA to SAR!

[sameagle]

Should the SAR request be sent to Robinson Way, who are the people to whom I send the payments, or to HFC as the OC?

 

Additionally, should I send the payment which is due within the 40 day SAR period?

 

Sam

Edited January 31, 2012 by sameagle
Got DCA mixed up with OC, plus added a question

[sameagle]

Still no sign of the Credit Ref Files from Experian and Equifax - cheques for all three were sent away on the same posting; Call Credit got theirs turned around in two days, albeit sent to a totally different address than the one requested.

 

Cheques have been cashed, but no delivery - is there a time limit for supplying these?

 

Sam

[citizenB]

Subject Access request should go to the Original creditor

 

The CRAs have 7 days to comply with your request..

 

Find below a copy of a reminder letter to send them.. You will have to amend a couple of places where I have put postal order details.. and include your cheque details.

 

Reminder letter for CRAs.pdf

Edited February 4, 2012 by citizenB

[sameagle]

Thank you for that rapid response, Citizen B.

 

The acknowledgement letter from RW arrived this morning, as it happens, and they haven't mentioned that I should have sent it to the OC, they've said that they will comply within 40 days, so I don't have a lot of choice now, but to sit and wait.

 

They've been collecting for four years, so if they bought the debt, would they have all of the info that we need - as an afterthought, would RW, being such an honourable company, pass the request to the OC?

 

If nothing arrives from either the other two companies on Monday morning, then a copy of the reminder will be sent, recorded delivery.

 

Sam

Edited February 4, 2012 by sameagle
Added one word, deleted one word

[sameagle]

Well, nothing arrived from Experian or Equifax yesterday, or today.

 

Ten or eleven working days have passed since they received the requests, so each has had a letter sent today.

[sameagle]

SAR stuff from RobWay arrived today, a collection of 30 PC screen shots, which have resulted in more questions, than answers.

 

Various bits of information, some of which I can decipher, but a lot of abbreviations and jargon that I don't understand, such as "NPV 104.66" on the first page, just below my friends' personal details, [the amount that they bought the debt for, I wonder? "]

 

On the last narrative page, just before the resume of payments that have been made, is the record of the request for this SAR, such as "MI letter received" [what's an "MI"?], the penultimate entry shows that it was sent by recorded post, and the last entry is "DO NOT CALL THIS ACCOUNT UNDER ANY CIRCUMSTANCES" - I wondered why.

 

Then I thought, "A pound to a pinch of Chinese excretement, the alarm bells are ringing, and that they are going to pass it on", but has my extensive reading of these columns turned me into a sceptical old sod - surely not?

 

The record of payments sent in by me are recorded accurately, and the total of £53-00p has been deducted from the total that they alledge that they had to start with - trouble is, I've know way of knowing how that total was made up, because it was made up when it was with Beneficial/HFC.

 

The original debt, according to RW, was £3365, and the default balance, £3330, and they appear to have subtracted the £53 from the original, leaving a balance of 3312 - I thought that it would be subtracted from the default, not the original?

 

My friend is quite certain that she only borrowed two sums originally, £1000 and then £500 - if that's correct, where has three thousand odd quid appeared from?

 

So, what now, do I SAR Bene/HFC, and if I find that they were adding bits on, work out the correct amount, and argue it with RW, or get a CCA request off to.....to.....to whom? Bene/HFC or RW, or what?

 

Advice please....

 

Sam

Edited February 8, 2012 by sameagle
deleted word

[brokebutnotbeatn]

as per post #46 the SAR should go to the original creditor not the DCA!