Cl finance & old Storecard debt

[maxandsasha]

Hi

 

Just a wee update,

 

today received a letter from CL Finance reguarding my CCA request.

 

They have acknowledged receipt of my letter dated 9th on jan 2014 in which i requested a copy of my credit agreement.

 

They state they DO NOT currently have a copy of the required document on site but are in the process of retrieving a copy for me.

 

They say while my request remains outstanding enforcement action will not be taken.

 

They say i must continue to make payments.

 

they are threatening to put a default on my CRA and pass my information to a debt collector

and they say this view is shared by the office of fair trading....

 

Also today a different letter came today from CL Finance ( Lewis bradford )

saying they assigned all of the rights obligations and benifets to Hoist Portfolio Holdings.

 

Why do you think they have got shot of that account.

 

It seems a bit suspicious to me that they get rid of it at the same time i have CCA,d the other account they hold or am i just reading to much into this.

 

 

Thanks again

 

Max

[dx100uk]

so they've sold that one to a dca

 

expect lots trees being cutdown then.

 

dx

[maxandsasha]

Hi

 

What do you advise i should do now, they have until the 23/1/2014 to get me a copy of the cca thats when the 14 days runs out.

I was thinking of sending them a offer of 25% as full and final as i dont think they will supply the correct cca. What do you guys think is it worth a try ??

[dx100uk]

you send the failure to comply letter and stop and payments.

 

dx

[maxandsasha]

Hi DX

 

I thought off that but as they are updating my credit file i am a little bit worried they will destroy my rating which is slowly improving

 

Thanks

 

Max

[dx100uk]

is this debt defaulted already not read back

 

dx

[maxandsasha]

Hi DX

 

No its not defaulted it says AP on my credit report, it has done for 4 years or so

 

Thanks

 

Max

[dx100uk]

ah the dreaded AP marker that NEVER goes away

worse than a default then.

 

you need to complain aboutthis to them

 

they 'should' not be recording AP for that long

when the debt was not defaulted on the third missed payment.

 

so letter of complaint is needed.

 

the ICO are quite clear that a debtor should not be disadvantaged by the use of the AP marker

 

dx

[maxandsasha]

Hi

 

 

As advised i have started a new thread i hope its in the right place .

 

For people who have not read my other thread i am in the long process off trying to become debt free, one debt at a time. Starting with CL Finance

 

I CCA,D them on the 09/01/2014 and there time limit is up tomorrow ( 23/01/2014).

 

To date i have not received my copy and doubt i will. They have been marking my credit file as AP since 2009. I was thinking off offering them 25% as full and final to settle the account IF they remove ALL the negative markers off my credit file if not i will complain to the ICO as to get it removed but i am unsure off how to do this.

 

Any advice or help would be great

 

Thanks again DX and DD for your help so far

 

Max

[dx100uk]

ive dragged the relevant posts over from where you've started them

 

dx

[dx100uk]

do you know who the original creditor was par chance?

 

dx

[maxandsasha]

Hi

 

 

I am sure it was originally a Bank Of Scotland Prefrence card but on the monthly statements i get sent from CL Finance it says store card account

 

Max

[maxandsasha]

Hi

 

I am just away to start writing a letter for full and final to them, what do you think i should offer. Is there any other things i should state in the letter apart from not selling the remaining debt on and removing all the markers from my credit file.

 

Your thoughts or advice is most appreciated

 

Thanks

 

Max

[dx100uk]

why are you writing an F&F on a debt with no CCA?

 

dx

[maxandsasha]

Hi DX

 

They are updating my credit file every month and i trying to improve my rating to get a better mortgage deal.

 

 

Max

[dx100uk]

wont change anything sadly.

 

you need to action post 8

[maxandsasha]

Hi DX

 

 

So what is next. I write them a letter of failure to comply reguarding the cca and also a letter of complaint reguarding the AP markers on my credit file ?. I am not sure on how to do this.

 

So you think i would be wasting my money if i paid them a full and final if i somehow got them to agree to remove the markers from my file.

 

What are the chances of being successful?? .

 

Would it help if i mentioned to them that i will complain the ICO if they said no to my full and final ..

 

Thanks again

 

Max

[dx100uk]

in post one you say you have a letter where they [CL] are threatening to default the debt.

 

you need to write back with ref to that letter

pointing out that according to ico guidelines

 

a default should have been placed within 6mts of the third missed/short payment

and that the AP marker should not be used to 'disadvantage' debtors whom are paying their debts

ie it should not be placed for years on end

without the debt being defaulted first.

 

that should move the default to a much earlier time

so thus the debt [on the cra file] will be totally removed sooner.

 

that way it wont affect any mortgage.

 

paying the debt by an F&F offer will not get it removed

unless you offer the DCa the money.

 

but get this AP/default issue sorted FIRST.

 

I suspect if yo look at your CRA file now

it will show the DCA owns the debt now, not CL?

 

dx

[maxandsasha]

Hi DX

 

On my file it clearly shows CL Finance on it and they have been updating my file since 2009 as AP.

 

Reguarding them with threating me with a default thats what they said in the letter i got from them

when they said they didnt have my cca but they are trying to get it for me.

 

They also said the debt is unenforceable until they get it for me

but i still need to pay them as i still owe the debt

and if i didnt they would place a default on my file.

 

 

Thanks

 

Max

[dx100uk]

Also today a different letter came today from CL Finance ( Lewis bradford )

saying they assigned all of the rights obligations and benifets to Hoist Portfolio Holdings.

 

 

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

 

 

that to me sounds like a Notice Of Assignment.

 

can you scan it up please?

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[maxandsasha]

Hi Guys

 

Sorry a wee update.

 

 

DX, i dont have a scanner on my printer so cant upload the letter for you.

 

On the 27/01/14 i recieved my copy of the CCA.

 

On the friday the phone goes and its CL Finanace asking if a got it but i did not admit to having received it yet !!!!.

 

I know i should not have spoken to them but i was confident a could deal with them.

They offered me to settle for £456 but i told them a firm NO ( not a chance ).

 

They then said to hold on then she came back on the phone saying the lowest they could go was £300 again i said no !!!.

 

Before she finished the phone call i asked her to remove the AP markers from my credit file, to which she asked why ?

 

I then explained that i had phoned and spoke to someone from the ICO ( i did,nt i just read up on it )

i stated that the account should have had a default placed on it when i fell more than 6 payments late

and the date would have been 2006 so therefore it should not still be affecting my credit file.

 

Heres the best bit ..........

 

She agreed and told me they would remove it staight away.

 

I have since checked my report and its gone from creditexpert but not from experian yet ( i hope it just needs updated).

 

I HAVE NOT paid them i full and final as i think they were wanting to much.

 

Any suggestions on what i should do ?

 

I would like to get them paid off but my wife thinks we should just continue with paying them a £5 per month

 

Sorry for the long post but happy they have removed the negative markers

 

Thanks for reading

 

Max

[dx100uk]

the whole debt has vanished?

 

dx

[maxandsasha]

Hi DX

 

YES the whole debt has vanished off both experian and credit expert.

 

 

Max

[dx100uk]

no cca

 

not on CRA files

 

time to totally ignore now.

 

bar the very remote chance of a court claim. from the new owner...

 

but as the budgie cage has just had the bottom pulled out of it

 

they'll give up after a few letters.

 

dx

 

 

dx

[maxandsasha]

Hi DX

 

They have sent me a copy of the CCA. I got it on the 27/01/2014. Its the exact same copy to the one i have.

 

Any suggestions of what to do now, i would like to get rid of this one and start on the next debt. do you think i should full and final them for maybe say £ 200.

 

Thanks again for your help

 

Max