Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    credit checks by Debt Collection agencys

    Hello

    Have been reading all enquiries regarding Debt agencys.

    I am no angel and i will admit that because i have had a tough time with my health (Cancer) which i have now beaten after 4 years of fighting i owe a debt to a bank. Because of these circumstances in 1999 i left no forwarding address and moved back to my parents who then preceded to look after me through the chemo.

    I know that mayby this was against my better judgment but i had no option.

    I have had no communication until last year where a debt agency started sending me letters. I obvoisly denied the debt and have done to this day and will until i die.

    However i recieved a letter from red collections who want to the anti and come and visit me. ( As if i am going to let them into the door)

    My question is not so much what to send them as this has been asked before but have the debt agency the right to check my credit report from Experian.

    I have a high credit rating and every check counts against it. I phoned experian and they said i should just ignored it. However they have just removed it from my account. Could any one help!!

    I presume that as the debt was 8 years ago i should just ignore it.

    Sorry for my dishonesty by somtimes circumstances can dictate the ability to pay back debt.

    cardell

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  2. #2
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    Default Re: credit checks by Debt Collection agencys

    I would send the statute barredicon letter to them asap.

    In terms of searches, although statute barred, the debt does exist, it just becomes unenforceable. Therefore, the DCAicon is able to search your records in order to trace you for the debt.

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

  3. #3
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    Default Re: credit checks by Debt Collection agencys

    Surely a DCAicon is not allowed to search your credit file without your consent!
    I will look into this

    The only man who sticks closer to you in adversity than a friend is a creditor.

    Debt Collection Charges

    There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

    Without such provision, collection charges cannot be demanded as a debt due under the agreement.

  4. #4
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    Default Re: credit checks by Debt Collection agencys

    It depends what the agreement was with the original creditor - if they are entitled to pass onto third parties for the purpose of debt collectionicon, then yes, they are.

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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    Default Re: credit checks by Debt Collection agencys

    I see what your saying tiglet, it just doesn't seem right to me.
    When I sign a credit agreement I give the original creditor permission to search my credit record and to process information with credit reference agency's. Wouldn't It have to state on the agreement that they reserve the rights to pass on my details to DCAicon's, who could then continue to process information with said agency's.
    just thinking out loud, maybe someone with more knowledge could answer this, but I will do a bit of my own research.

    The only man who sticks closer to you in adversity than a friend is a creditor.

    Debt Collection Charges

    There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

    Without such provision, collection charges cannot be demanded as a debt due under the agreement.

  6. #6
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    Default Re: credit checks by Debt Collection agencys

    It often does - refering to them as "third parties". You would need to ahve a look at your original agreement to see if this is the case.

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.


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