M+S Credit Card debt - Global Debt Sequence of Events

[BRIGADIER2JCS]

Hypothetical Question event has not happened.

[unclebulgaria67]

Nothing to add re the debt, but in regard to banks records, my understanding, is that banks have to have available system records up to atleast 7 years and keep archived records up to atleast 12 years. The problem often occurs when banks change their systems and the staff that you speak to cannot access the account records immediately. BUT if you wanted to get hold of records going back to a certain point, you would have to make a formal request and the bank may make a charge for this.

 

As has been said, it is up to the DCA to evidence any payment.

[pam56]

It's Global Recovery acting for Experto Credite. Just got my pin for Experian so checked my credit report and the OC is not listed on there neither is any DCA's claims. So that's good news. Wondering whether I will have to check other CRA to double check.

 

No what I was wondering if the DCA alters a cheque date and my bank says they have no record of this cheque (i.e records destroyed after say 6yrs) then obviously it disproves the DCA's date. As I would then be unable to "check" the cheque date & details would that make DCA's claim invalid.

 

Thank you. I'm new to all this so bear with me

[LostAtSea]

Last year I had to ask LTSB for records going back 11 years. I expected to have to SAR them but was pleasantly surprised that, even though I'm no longer a customer, I was able, in branch, to view all my account info and transactions from the day I opened to the day I closed the account. I just selected the info I wanted and they printed it off and stamped each page to authenticate. Maybe I just got lucky

[pam56]

Wow Hope my bank will be that obliging if neccessary. Re yr commets Brigadier I didn't post them a cheque a collector arrived on my doorstep and my daughter was that intimidated she coughed up £100 there and then. Pity my husband wasn't around as he'd have sent them off with a flea in their ears!! Anyway I didn't pay it so does that count lol

[BRIGADIER2JCS]

Well a collector intimidated a third party in to paying

a debt that was not hers, OFT complaint and formal

complaint to the DCA addressed to the Compliance Manager.

I would also be asking for your daughters money to be

refunded immediately.

[pam56]

As I said I believe this payment was over 8-10 years ago so can't even remember who collected it. If I had been there wld have given them a kick up the backside and told them to Foxtrot Oscar, (lol) never mind a flea in the ear. Wish I'd found yr site earlier. Many thanks to everyone for yr help

[pam56]

Maybe I'll find out when they tell me she paid last week (not)!!

[Zonker]

Im sure if im wrong itll be picked up by the others, payments count only if was personally made by you - making others so terrified to pay on your behalf not only morally wrong but isnt sufficient for sb.

[pam56]

Hi Do you mean (am I thick or wot) that if she paid (for instance) two months ago that

a) thats when limitations start

b) or limitations start from last payment by myself

 

not too sure what you meant.

Thanks

[Zonker]

Sorry reading it back doesnt seem as clear when i wrote it.

 

If a payment is made on a debt that is sb'ed it doesnt reset the sb status.

 

If a payment is made by another to your debt i believe that payment wont reset the sb clock if it is paid before it becomes sb'ed.

[pam56]

Hi

 

WhAt would be repercussions if I sent a stat barred letter and it turns out I was wrong? I'm 99% sure but just like to know. Also if is about two months off being stat barred can you just keep the DCA's hanging about till then or do you lose that right once you start dealing with thme even if you won't acknowledge debt. Thanks

[citizenB]

It is up to the DCA to prove that it isnt statute barred. However, it is in your interests to be as sure as you can before sending out the letter.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

[pam56]

Thanks everybody. I'm probably jumping the gun here. All I've had is a letter from Experto Credite telling me they have taken over from Interum Justitia in Nov 2011 and 2 letters in March 2012 from Tower Investigations & Global Debty Recovery. Even after all the good advice I'm still very nervous about the next step I take as don't want to cock up my chances of success. I've checked my credit score on both Noodle & Exerian and nothing shows up, don't know about the other credit reference agency Equifax (?). I am 98% sure it is stat Barred. I sppse next step wld be to check Exuifax (?) and if nothing on there send them the stat barred letter. Or should I ask for the CCA 1st.

[citizenB]

So there is nothing on your credit files in respect of this debt ?

 

Who was the original creditor ?

[pam56]

I know, I know but very nervous. I have never dealt with anything like this before, have paid all debts off even if they were late. I am very nervous about "getting it wrong" and cocking up any chance of success. Out of work at moment so really can't afford to dig myself into a hole.

[pam56]

Hi The original creditor was M & S and there is absolutely nothing on either Noodle or Experian. I have not checked Equifax tho'. The moneysavingexpert.com stated that M & S uses Experian & Equifax so if there's a free trial on Exquifax might check that one out too.

 

To the other question I took out a M & S card I think (tho it is so long ago I can't recollect exactly) around 1997-2000. Then I moved back to hometown in 2000. Overused card that Xmas and racked up debt of around £800 (yikes) I got behind with payments but M & S never took any further action i.e. court, they may have sent me a default lttr but can't remember any details. I vaguley remember a collector came to our house and daughter intimidated by his manner so she paid the £100. She says so long ago can't remember any details but said it was ages ago. In 2006 our company closed and I know for definite that no collector etc has been to our house since that happened so must pre-date that. I would think it was around 2001-2003. I'm pretty sure it is stat barred.

[pam56]

Forgot to say that sometime in Oct/Nov 2011 got a call from DCA asking for payment. At the time I denied all knowledge (which was very true as I had completely forgotton) They told me that my daughter had paid £100 so must have a record etc. I asked them when this was but they refused to tell me just topay up. I think I told them to prove it and that I wasn't paying it till they did. Then in Nov got the lttr from Experto Credite.

[citizenB]

So £100.00 was paid prior to 2006 ?

 

To be statute barred then either payment or acknowledgment of the debt must not have been made for 6 years from the first missed payment.

 

If your daughter paid monies under duress, I think that voids the payment.

 

I would check the main 3 credit agencies.. Equifax, Experian and Call Credit if you can. But it does rather sound as though it is Statute barred to me.

[pam56]

Hi Yep pretty sure it was before 2006 but no proof. I will check out Exquifax today.

[pam56]

Thanks .

[Bazooka Boo]

I'm surprised this doorstep thief didn't just pocket the money, absolutely naff all should ever be dealt with by unsolicited cold callers.

[DonkeyB]

If your daughter paid, then it is nothing to do with you.

 

A simple call to M&S would establish the last time you made a payment to them – if they still have the record (which they must keep for at least six years). They could also tell you to whom and when it was sold.

 

How did your daughter pay, and who to?

[pam56]

Hi everyone. I have sent a CCA request and also notified Global DEbt by e-mail that I now consider this debt to be in dispute. Yesterday got a phone call from a Geoff Jones of Global I refused to give any personal details etc as advised. He said I paid £60 in August 2007 (tosh tosh) and now were taking me to court. I said good for you and put the pphone down.

 

Now I have made a request for CCA and told them it is in dispute can they legally take any court action etc?

 

HELP!! Sent off , to Global Debt Recovery, CCA request etc and also informed them via e-mail that a/c is in dispute. Today I have rec'd letter saying taking court action in 10 days from date of letter (12th) They have said I made a payment via D/D to Aktiva Capital on 27/8/2007 (Think they may be right) but I want to prove that the debt was at that time statute barred.

 

Their letter says:

Yr name is registered as non-paying of a recorded debt. To clear your address now telephone us on the above telephone number and return the completed direct debit below to Global. It is our intention to issue proceedings within 10 days of the date of this letter.

Signed by Collections Department.

 

I haven't rec'd my CCA request yet or details of this a/c etc. M & S OC says they have no records for me and is not showing on Noodle or Exuifax. Can they issue court proceedings if I am disputing the a/c?

 

Thanks Frantic:shock:

[pam56]

Hi If a debt is under £750 am I right thinking a SD cannot be issued? If so what other means can a DCA use to try and collect. I believe this is statute barred so that wld be my defence but if I am wrong what will happen next. I have already sent off for a CCA to DCA and infoormed them by e-mail that a0 I do not acknowledge the debt and b) I have requested a CCA. Do I need to anymore yet? Also checked my credit ref agencies and they are clear and also checked with M & S who have no record of my credit card. Many thanks:???: