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Payments after a default?????


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I'm just trying to clarify how defaults and subsequent payments affect the CRA report.

 

If a Creditor serves a Default Notice. I know that if nothing happens after 6 years the Default and indeed the whole account drops off the credit report. What I'm not sure about is what happens if there are payments (which don't clear all of the total debt) made after the default. My question is does the account drop off the credit report 6 years from the date of the Default or is it 6 years from the date of the last payment.

 

I've got an alleged debt which I'm 99% certain is statute barred - I know that the alleged default was substantially more than six years ago, my CRA reports don't mention the alleged debt at all - I'm now being chased by debt collectors who claim that there was a payment made on the account around 5 years ago and that it's not SB -I'm 99% certain that I did not make the payment that they claim. The issue is whether if there was a payment it would show on my credit report...

 

Any advice Guys would be gratefully received.

 

Thanks

 

IGNM

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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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drops off your credit file 6 years from the date of the default paid or not

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All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default,

whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

 

 

............

 

seems like the old phantom payment trick!

 

sar the original creditor.

 

dx

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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............

 

seems like the old phantom payment trick!

 

sar the original creditor.

 

dx

 

I hadn't thought about doing an SAR to the original creditor - I'll do that tomorrow

 

Cheers

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I've also just realised as the original creditor was EGG - does anyone have any suggestions about where I send the SAR to?

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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who's the oc and dca?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The OC was Egg - I think it was an Egg loan

 

The DCA is Lowell

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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hehe thought it might be lowlife....

 

was this a credit card?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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seems like the old phantom payment trick!

 

 

Don't you mean "admin error"? ;)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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The DCA is Lowell

 

100% sure its SB then. Lowell is well known for lying and inventing stories about payments made to an account.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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hehe thought it might be lowlife....

 

was this a credit card?

 

dx

 

I'm not sure....

 

I think it was a loan - I had an Egg Card and an Egg Loan. They issued proceeding on one (I think it was the card) about 5 years ago - I defended they lost...I'm not certain which it was. I've moved house since then - I'm going to try and find the old claim form - anyway I think this is a loan - you never know it might turn out that they've already issued and lost...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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i'd guess a loan as spoof credit card debt went to Barclaycard and were then farmed out to marlins.

 

 

you need to be careful here as such

 

lowlife will issue a claimform using any of your old addresses to get a default judgement.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

i'd guess a loan as spoof credit card debt went to Barclaycard and were then farmed out to marlins.

 

 

you need to be careful here as such

 

lowlife will issue a claimform using any of your old addresses to get a default judgement.

 

dx

 

I know - I've written to them made a request under the ss77/78 CCA for a true copy of the agreement - giving my current address, I've been engaged in e-mails - with my current address on with one of their debt collectors and I've e-mailed them direct - with my current address - requesting the assignment, pointing out that its' SB and asking for detailed calculations on the sums together with a legible signed copy agreement - so if they do go down the route of getting a default judgment at another address I've got an audit trail showing that they've got my correct address.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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gone to hamptons yet?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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gone to hamptons yet?

 

dx

 

Not yet...they haven't done a letter of claim so far.

 

Interestingly when I spoke to them they told me that the account (they're claiming just over £8k) wasn't statute barred because of an alleged payment in mid July 2007...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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yep that's typicall MO always just 6yrs

 

you could ask them for the exact details of the payment.

 

they'll usually say it was done by using a tear-off slip from a dca letter

and paid in cash over a bank counter.

 

ideally, you should be playing this out by phone.

 

you'll have mug markers all over your file

 

unless you are baiting them..............

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

yep that's typicall MO always just 6yrs

 

you could ask them for the exact details of the payment.

 

they'll usually say it was done by using a tear-off slip from a dca letter

and paid in cash over a bank counter.

 

ideally, you should be playing this out by phone.

 

you'll have mug markers all over your file

 

unless you are baiting them..............

 

dx

 

I wouldn't have thought that they'd like me much - the other egg account was worth about 8.5k - Egg issued and lost, Lowells then issued and then discontinued

There was then the matter of another card with a 10k balance that the've written off as Lowell accept it's SB

oh and one or two other bits and bobs.

 

At this point I've told them the Egg account is SB and I've asked for a range of information if after thinking about it they come back to me and claim, in writing, that it's not - that's when I'm going to have to argue about this so called payment from 2007 - which I'm certain was never made - but I'm going to do the SAR to Barclays later today

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I've drafted an SAR - can I just check if the EGG SARs are now dealt with by Barclays do DPA requests still go to

Barclays Bank PLC

Privacy & Data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Yes Correct, send by recorded signed for post. Check when received the 40 days starts from that day.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Yes Correct, send by recorded signed for post. Check when received the 40 days starts from that day.

 

Thanks

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I would also write to Ms De Tute Legal and Compliance Director at the Lowell Group and DEMAND unequivocal proof of the alleged payment, also stating that ''this inquiry is not admission of or acknowledgment of any debt to Lowell.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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