1st Credit

[altb80]

Upon recently checking my one of my credit reports, I saw that 1st credit had defaulted me in jan 2011 for a debt from August 2005 (£100). I sent them a letter asking for the CCA, I got a response saying it will be looked into, however 4/5 days after, they sent me another letter saying that they can offer me an attractive discount if I call and pay in the next 7 days.So now I have sent the follow up letter saying that they have defaulted and will report them.My question is, can they default an account after so long?? Why would they wait so long to do so? Who do I report them to? Can/will they remove the default?I never received any letters about a default as they stated letters had been returned to them as 'no longer at this address'. Which they wouldnt have been, also this is a different address to where the alleged account was taken out anyway. I've not had one letter from them regarding this, however they have my current address after moving.I'm not even sure what this is for, the thing I think its for is something I thought had been paid off via Moorcroft, a long time ago. I have no evidence of this tho.Thanks in advance (",)

[rebel11]

Hi alt

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved.

[dx100uk]

if they are offering a 'discount'

this means it has either:

 

unenforceable paperwork

or

its mostly charges or ppi

 

they should not be defaulting you this late in the day.

 

as you sure on the dates

 

tell use the debts history.

 

though you can safely ignore them

its this default that puzzles me

 

they cant just slap one on 5uys later.

 

dx

[altb80]

Thanks for your reply.The only reason I have the date August 2005 is that this is what my credit report says it is from, it could be from even earlier than that.I have no recollection of what it is. Dont know much of its history sorry. Its to do with the moneyshop tho.I just want to get the default removed, if i'd have known about this ages ago I would have got rid of it. Seems daft being defaulted for £100.Whats my best course of action? Do you think I can get this default taken off??

[BRIGADIER2JCS]

The default can only be removed by the company

that placed it, I think you need to do a CCA request

to 1st. Credit especially as you don't know

what it's for, you need to know who was the

original creditor.

 

First the CCA request costs £1 send an unsigned postal order,

they have 12+2 days to reply.

Use the template in CAG library, and amend to suit.

 

Make sure the letter is headed, I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU MAY CLAIM TO REPRESENT.

 

Get proof of posting or send recorded delivery.

 

Brig:madgrin:

[altb80]

I already sent a CCA (2 July), they acknowledged my letter but still sent me another letter a few days later offering a 'good discount'. So now I sent the follow up letter (18 July).If they dont have a CCA, will this make it easier to get the default removed?

[BRIGADIER2JCS]

Probably not, if they have not got the agreement

the can produce a reconstituted agreement which

is accepted especially if there are statements

showing the debtors use of the account.

The default will remain in that case.

Brig.

[altb80]

Received a letter from 1st credit today saying

"unfortunately ther Moneyshop is unable at this time to provide us with a copy of the agreement and we have therefore taken a decision to close our file. however we reserve the right to reopen the file in the event the documents become available"

 

Whats my next step to getting them to remove the default from my credit file, do I stand a chance? They cant prove this alleged debt is mine so surely they have to reomve the default????

[BRIGADIER2JCS]

As they have stated that the file will be reopened

if documents are found, the default will no I think

be removed.

[altb80]

Is there anything I can do to get them to confirm its removal?

[BRIGADIER2JCS]

You have to go through the company who placed the enntry,

or ask the CRA to remove it and they will make contact for you

and come back with a reply either way.

[altb80]

Great. Thanks for your help. Will let you know the result!

[BRIGADIER2JCS]

OK, you may have to fight this for a while.

 

Good Luck:madgrin:

[citizenB]

You say this account was opened in 2005. When did you actually default on the debt ?

 

Are 1st credit now the owners of the debt ?

 

It would normally be the original creditor who first places the default marker, then it is updated by whoever owns the debt now.

[altb80]

I didnt know anything about this debt till I recently checked my credit report, the dates I got from that. I reckon its from before august 2005, I did not get anything on credit at that point in time.Yes, 1st credit are now the owners but have closed the alleged file now.Still, surely they can not report a default 5+ years after it is allegedly from, is there any clause in any law stating that creditors must report defaults withing a certain time limit? Or can they just keep reporting the same thing?

[BRIGADIER2JCS]

They can go on updating until it reaches 6 years and drops off the file

automatically.

[altb80]

6 years from what date tho, surely if they keep updating it the 6 years will always be out of reach?

[dx100uk]

regardless to anything they put on the file

that does not reset the SB date.

 

sb date is 6yrs from YOUR last financial transaction

so when that is reached

the account will vanish.

 

dx

[altb80]

So to clarify..... the CRA will remove this after the 6 years. How do they know which date is right tho? Is it worth me calling 1st credit and asking what date this was?

[BRIGADIER2JCS]

The CRA system flags up anything like that, a default

would be removed next time they update files, so don't

expect it to come off on the exact date.

Credit files as said above are updated regularly

so the status of the account is showing

this does not affect SB or default dates.

[altb80]

1st credit have removed a search entry they did 2 years ago from my equifax credit report.Does this mean they will remove (have removed) the default from the other reports?? Not checked them yet

[BRIGADIER2JCS]

No they may have only done the one you queried

best always to check them all.

 

Brig.

[altb80]

Hello, I just received a letter fropm 1st Credit stating

"You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and tehrefore we do not consider this valid; furtehrmore this is not a valid request as it falls under the exemption in schedule 2 (a) of the Act and your details will remain on our system".

 

What does this mean, I sent the CCA, they wrote back saying they were unable to find it at the moment. What can I do next? Surely if they can t prove this debt is mine then they should remove all data relating to me until they can do so?

 

Thanks

[BRIGADIER2JCS]

You need to check and reword you DPA request

with the right information.

[altb80]

I found the following letter - would this be good to send? Thanks• dateYour reference................ .......Legal notice under the Data Protection Act 1980To; The Data controller/compliance Manager.................. .................Dear Sir/Madam,Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals andorganisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.Specifically because; (i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to a disputed account which can not be currently proved, and found by the Office of Fair Trading to be unfair(ii)That recorded defaults on my credit files by yourselves are in dispute.(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.(iiiii)That as a data controller/compliance officer, you have a responsibility under the Data protection act to observe all principles set out therein, within the act.I expect an acknowledgement of your intentions to comply,and if you do not agree, your reasons for being unable or unwilling to do so.I will give you 14 days to forward this to me in writing.Under the Data Protection Act ,a county court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance, together with costs and compensation.Yours Faithfully