Lowell and Idem, Old debts, lots of defaults recently

[Pewpew]

Hi guys been lurking around on the forums for a couple of days using the search function, not sure if this is correct place to make this post

 

so the debts going off my credit report now are (drum roll....)

 

Lowell

Telecommunications supplier

£1000+

account started 2006

Defaulted 2011

Default every month since 2015

 

Rang them once or twice going to submit a SAR request under the DPA

------------

Idem

Unsecured Loan

£3000+

account started 2008

Defaulted 2011

Defaults shows 2 defaults 2016

 

Rang once or twice going to send a CCA request

-------------

Lowell (think it has been moved to another company)

Credit Card

account start date end of 2007

Defaulted 2011

Defaults every month since 2015

 

Going to send a CCA request

--------

 

So i was looking at my credit score and there is some old debts on there, i read about defaults being removed after a certain amount of time but if they are defaulting every month it will never end?

 

I have no problem going to court if need's be

 

These are really old debts, i haven't seen a letter from or heard from any DCA's (that i can remember)

 

I can't see how i have a phone bill of £1000+ (they said it was £800+ airtime call charges!)

 

I am willing to fight my corner at all cost's (whats the worst that can happen a CCJ? i get defaults every month i can't even upgrade my bank account from a child account)

 

After a hard time in my life i was homeless (registered with local council etc years ago) Plus i can't remember having these debts! I don't know if this helps me in anyway

 

Has any one got any advice? My main objective here is to get rid of the default's

Edited May 22, 2016 by Pewpew

[maroondevo52]

Hello and Welcome, Pewpew.

 

I've moved this thread to the Debt Collection Forum.

 

The defaults on your report will be removed six years after the original default date and this is irrespective of any outstanding balance. Once a default drops off your report the lender cannot re-register it.

 

If you have not acknowledged or made any payment towards these debts in a period of 6 years they will be statute barred.

 

Regards,

 

Scott.

[dx100uk]

not only will the defaults go on the 6th birthday of the defaulted date

[in the debt summary - not the calendar]

but the whole account will be removed.

 

 

I question you having any reason to kick any pram wheels by sending anything.

[Pewpew]

Well I didn't understand the defaults and thought it was going to keep going on and on,

so I have recently spoke to the DCA's (a few weeks ago) would that not reset the timer?

 

I just flat out refused they were my debts and refused to update any information with them

and told them to send letters to the old address (proof of debt and they put the accounts on hold expect the Vodafone one),

 

I do still have access to mail at the old address, is it going to be a case of returning the letter to sender with a note saying no longer living at this address? I was going to post the letters today but will hold out while I wait for a reply

Wouldn't let me edit the post for some reason,

 

I don't have any sort of credit/contracts at the moment for where I currently live so their "trace" programs won't show my new address if that's of any help

 

Just a update on some findings for any one in a similar situation

 

" Unsecured credit debts

Unsecured credit debts are things like credit cards, store cards, personal loans and catalogues.

When using the Limitation Act, these debts are often called ‘simple contract debts’.

 

The Limitation Act says that the limitation period for simple contract debts is six years.

 

The cause of action (when the limitation period starts running) for simple contract debts,

is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments.

This will usually be after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult. Contact us for advice.

 

A simple contract debt will normally be statute-barred if:

 

the creditor has not already obtained a county court judgment (CCJ) against you; and

you or anyone else owing the money (if your debt is in joint names) have not made a payment towards the debt during the last six years; and

you have not written to the creditor admitting you owe the debt during the last six years."

 

" The Financial Conduct Authority (FCA)

The Financial Conduct Authority (FCA) has published the Consumer Credit sourcebook (CONC)

which looks at whether a debt is being collected fairly. Although the FCA cannot investigate individual complaints,

you can still use their rules and guidance when disputing a debt on the grounds of limitation.

 

All of the rules and guidance applies, no matter how old the debt is.

In the Consumer Credit sourcebook (CONC), the FCA includes the following rules and guidance:

 

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4 Rule

"It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired." 7.15.7 Guidance

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8 Rule

You can make a complaint to your local trading standards department, who can look into your case. You can also complain to the FCA, as they can look into companies’ behaviour, even though they cannot deal with individual complaints. See the Useful contacts at the end of this fact sheet, or contact us for advice"

 

So it seems I have not reset the timer on the first part (haven't sent a letter in writing) but the FCA says have been in contact (phone call) so I have reset the timer?

[dx100uk]

telephone admission does not count

[Bazooka Boo]

What address does your CRF show?

 

If it doesn't show your current address, then you should update it to reflect your current address.

 

This will then stop them from obtaining a CCJ via default.

[Pewpew]

Well the thing is I live in shared accommodation (I switch around quite a lot to the cheapest one) so don't want any mail sending here, I still have access to the old address (a relative) so I use that address as a care of address, should I add this to my CRF that it is a c/o address?

[dx100uk]

you are already sending a CCA request to each of the DCA's that own your debts.

use your C/O address on that.

then each will have no excuse

in sending mail to an old one.

remember the CCA request serves 2 purposes in your caase

 

 

updating your CRA file with an address

be it correct or not

is NO WAY to set aside a CCJ if you get one

despite what some may indicate recently on here.

[Pewpew]

So just phoned the new DCA in charge of credit card,

I asked them for the original account number, they said they don't have it

as they are not allowed to passed around that sensitive information between companies,

they did how ever give me a account reference number and their reference number.

 

I am sending out the 2 CCA requests along with the 1 SAR request today.

[Bazooka Boo]

Stay OFF the phone, there is absolutely no legal requirement to even talk to these crooks.

 

You MUST keep everything in writing/email so you have a paper trail of evidence.

 

CCA's to the two DCA's chasing correct, but who're you sending the SAR too?

If it's the OC then all well and good, if it's to a powerless DCA then don't waste your time, they don't have any information regarding this account they have bought.

[dx100uk]

yes please

never ever phone a fleecing dca

they can lie cheat and say anything on a phone

that they will never repeat in writing

just to spoof you into paying.

 

 

dx

[Pewpew]

I have had to phone to see who to make the postal orders payable to and what there postal address is.

 

I haven't given them my phone number and told them to contact me by mail only

 

The SAR is for a mobile phone contract (vodafone) It's exempt from the CCA request, so I am sending a SAR request to see what information is on this account and to see if it is actually mine, I am going to add on the SAR I want a true copy of the signed service contract (can't remember the wording will use the same words as the credit note one)

 

EDIT: so I need to send the SAR to the service provider? What do I with the DCA in the mean time?

Edited May 24, 2016 by Pewpew

[Bazooka Boo]

You don't need to do anything, and certainly not by phone, WHY do you think you need to pay them postal orders??

 

There is a good Vodafone Rep on here who can help you with your Voda issue, what's the story with them anyway?

 

DO NOT pay anyone anything yet, and most certainly NOT a fleecing DCA.

[Pewpew]

I thought you had enclose a payment of £1 for the CCA requests, and £10 for the SAR

 

They are saying there is £800 plus in airtime call charges! How is that even possible?

[Bazooka Boo]

I thought you had enclose a payment of £1 for the CCA requests, and £10 for the SAR

 

Yes my apologies you're correct, enclose the £1 postal order, BLANK, unsigned for the CCA requests. and a £10 one (or cheque) for the SAR, which you MUST sign.

[Pewpew]

So am I send the SAR to Vodafone or the DCA? They said when I asked for the address they are putting the account on hold for 48 days

 

And I leave the postal orders blank, I thought I had to put a name on it but will leave it blank with just the reference number on the back?

 

EDIT the DCA said they putting the account on hold

[Bazooka Boo]

OK the SAR always ALWAYS goes to the original creditor (Voda in this case), are you still dealing with them direct, or a powerless DCA?

SAR's MUST be signed or they will simply return them unanswered.

 

CCA requests, DO NOT need to be signed, NOR do they need to be addressed to anyone, as this is the statutory fee for this request, if you fill it in, you risk making it payable to the wrong outfit. Hence why they are left blank, BUT write the reference number of what account it is for on the back of the PO.

 

When you post them, obtain ''proof of posting'' which is free from the PO counter, and send 2nd class post.

 

The SAR, warrants Recorded delivery, if you can afford it, if not, 1st class post again with proof of posting.

 

It is 12+2 working days for the CCA requests to land on your doormat.

 

And it is 40 calender days for the SAR to be returned to you.

[Pewpew]

Dealing with a DCA they have brought the debt it defaulted in 2011, I don't know when they brought the debt

[Bazooka Boo]

Dealing with a DCA they have brought the debt it defaulted in 2011, I don't know when they brought the debt

 

When abouts in 2011 did you default on this?

 

I personally would hold fast on sending anything regarding this ATM.

[dx100uk]

no need/cant CCA a DCA on a phone account

pers i'd leave them alone

 

 

sar to voda is the thing to do

[Pewpew]

When abouts in 2011 did you default on this?

 

I personally would hold fast on sending anything regarding this ATM.

 

It defaulted in 09/2011, won't they start looking at taking me to court soon?

 

All 3 of these debts defaulted in 2011 surely it will be court soon?

Edited May 24, 2016 by Pewpew

[Bazooka Boo]

It defaulted in 09/2011, won't they start looking at taking me to court soon?

 

All 3 of these debts defaulted in 2011 surely it will be court soon?

 

Absolutely not!

 

Ask yourself why they have flogged these on, for pennies in the pound, instead of taking you to court themselves and getting the money back?

 

If they were serious about legal action, then the OC would have taken it sooner, and most certainly not over five years later!

 

When debts are approaching their time barred status, then those who have bought them, will turn up the heat & switch the computer onto overdrive in a vain attempt at forcing a debtors hand and exploiting their lack of knowledge.

[Pewpew]

So I'm better off not sending anything to any of them and just ignoring it or shall I still send the CCA and the SAR and just wait it out?

[Bazooka Boo]

Have they been sending you any begging letters?

 

Have they been harassing you over the phone?

 

If the answer is no, then you need do NOTHING.

 

Let sleeping dogs lie, wait for them to bother you before wasting time and effort responding to them.

[Pewpew]

OK awesome they haven't been bothering me up until about 4 weeks ago when I made contact after looking at my credit score, the status was "gone away", they now have the up to date care of address after the final phone calls I ever make to any DCA ever again, I am just going to wait it out

 

I imagine they will start hammering me with the scare tactic letters after the hold's are up on the accounts, then I will send the CCA request's and the SAR request to Vodafone, I will keep updating this post with the rammel they end up sending me for any one in a similar situation

 

you guys have definitely calm my nerves about the risk of CCJ's

 

They seem to use bully tactics a lot, they threatened with pretty much instant court action because the account had been paid at some point in history, they constantly talk over you so you cant finish what you was saying and the bailiffs where going to be instructed to come round. The main ones I remember

 

Main point I have learnt is Don't phone, mail only