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.
Firstly thankyou for taking time to read this.
Im asking for someone to help or point me to ways I should be going
Im now disabled and on benefits, considered vulnerable and in supported housing at present
Im one of the few lucky ones that have been given help, the group im with are fantastic but I dont feel that they can help me with the advice im going to ask for
Back in year 2000 i was happy and working and financialy stable, life was good and i was living with my ex
I got attacked rather bad that left me seriously in hospital
Whilst in hospital my ex decided to get an injunction against me claiming i was physicly violent and this im told can be legaly done forcing me not to return home
So i was homeless and facing a court thing ( the claims were later dropped when it later apeared my attackers were im told my ex new boyfriend and brothers )
Anyway in my ascence our joint accounts were cleared and taken to max on overdraft
Mobile phones were taken in my name etc
As i wasnt allowed back to property i had no idea what was going on
It took a good 4 years of bedsits etc to finaly settle down and realise the state i was in
I joined the credit expert thing for a year and could see so much on my credit file that i knew nothing about and quit credit expert after mailing them so much wasnt me
Now ive got my normal accounts and not the richest man in world but lucky ive a roof over me and physio going good etc
Ive read this forum for weeks to try and learn and understand how it all works and still sort of lost
Is there somewhere i can go for a fee and ask them to first clear my credit file and deal with anything that can be dealt with?
Id like to say Im not looking now or ever for credit, i do have a barclaycard that ive had for a decade now and im not doing this for the reason to gain credit
Just if i can get my recors clean and things that should not be there gone id be happy
Just you guys are so good at this I wonder if theres a guide step by step in easy terms to follow or a group or company or individual who would undertake this
Fees and payments id like to know what sort of money i need to raise before i go into it too much
Hello Dazzle, sorry to hear of your assault. I know you said that you were seriously injured and spent some time in Hospital, was that due to all your orthopedic injuries? (bones) Or did you suffer a head Injury of some kind? I only ask, as I am a survivor of a Brain Injury and things appear very confusing at first, until you get on the mend.
Anyhow back to some advice, firstly there is a website that allows you to view your credit file free, and even if you want full access to it, it will only cost you about four pounds for the whole year, you can find it here.
Secondly any of the information that is on your credit file that you believe is incorrect you can write to them telling them what information is wrong and they will look at removing it. 'But' if the information on your credit file is because of defaults on bank accounts that were in your name, even joint accounts, then it will be a lot harder to get these removed
If as you say, you don't want to get any credit in the future, like me, then I personally wouldn't lose any sleep over it. I don't want a mortgage, a new car, a bank loan or credit card, I can live without credit if I've not got the money for it then I will either save up, or go without.
I am guessing that the defaults on your credit file are due to your ex?
Is it a joint bank account? And did she obtain credit in your name without your knowledge? The joint bank account is something which I have no knowledge about so someone else with experience of these accounts will be better suited to help you.
As for obtaining credit in your name without your knowledge I am certain that this would be under the Fraud Act 2006 and may even fall under the Theft Act 1996
I have also come across the British Bankers Association which might give you some answers to your bank accounts, namely the joint one. If my partner leaves me, stops paying into the account but continues to write out cheques, will I still be responsible for these?
If the cheques are supported by a cheque guarantee card, the bank will be obliged to pay them. In these circumstances you should contact the bank immediately to arrange for the account to be split. Until you tell the bank to cancel the joint account mandate, you will continue to be liable for the cheques and any resulting overdraft.
As for other help, the Citizens advice bureau would be my first port of call. Just click on any of the links to go to the sites I've got some of the info from, failing those, a good cup of tea and an afternoon searching the internet might throw up better results for you
P.S. Sorry I forgot to add, I wouldn't personally pay for a company to try sort this out for me, all of the information and help is right here for free, plenty of fellow CAG'ers will gladly draft letters for you to send to various creditors. I did also forget to ask whether you are being threatened by any debt collection Agencies (DCA's)? Oh and I also forgot to add, that you should ask your bank to refund all of your bank charges, overdraft charges late payment fees etc etc
I'll post the link to the letter templates to send here, that way then you can have a read of them at your leisure
The joys of Brain Injury I'd forget my head if it weren't screwed on properly!
The injurys were almost a decade ago and everything healed now other than ive still got spinal damage and kidney problems
I used to work 3 jobs solid 7 days a week and at the time devoted and young thinking all everyone needed was a good lifestyle needing very little
After my world crashed and I want allowed home etc I did loose my way and bieng a single man slipped through the net at the time and it took a good 4 years to get to grips etc with the mess i was in
However im so lucky now, im nearly all sorted and faced most of my demons with just this credit problem bieng last but one
Ive made amends as much as i can whilst working and hold a current account with Barclays and a credit card
Both of these are in good order with no defaults in past 3 years and ive no intention of running up debts as simply i cant afford to repay them as i now claim state benefits
As debts have caught up with me over the years i have paid them
I had a serious problem with the courts as my car was used by them for 6 months and got parking tickets daily, I was held responsible for these and ended up in prison at one point despite arguing she went to court to stop me from removing property from the house etc and after the attack i was unable to work or get legal help
Thats all in my shamefull past now though
most if not all the debts are over 9 years old but last time i see them were still showing on my credit file
As my ex is jointly responsible she also was visited but according to debt collector it makes more scence to hound me as ive no children so i paid up as at that time i was working
It seems the company that assumed the debts from the banks then defaulted me for not paying them so my credit file looked terrible
It showed several adresses on my file that id never lived at but were given by investigators and charges were added as they had claimed to have traced me and visited me
I cant prove ive never lived at any of them and filed my concerns with Experian who added a note to the account and nothing else
My bank Barclays have always known where i have been and Alliance and Liecester so ive no idea why private companys have reported tracing me to adresses and wacked massive charges saying i had breached an agreament to pay them
The group im with have been great, showing me the benfits i should of had and taken me into to sheltered housing, i cant say a bad word against them
They have suggested they take the case on and get all my debts written off if need be via courts but i dont want this
I want to somehow work out whats on my file and who is genuinly needed to be paid
So ill never have a mortgage etc, I dont mind but i have a credit card with a £1000 limit ( dont want more as id never be able to repay it) and a bank account with an overdraft that accepts direct debit payments
A couple of years ago i did have a contract phone which got stolen and as i only had one month left they let the account drop as i had no fixed abode at time
My banking is good as stated with a chequebook and overdraft yet i cant get a cash card to use for shopping because of my credit file despite my good history and the fact ive a credit card
Not end of world i shop with my credit card andpay it via DD but I do feel bad and worry especialy now in credit crunch wether the facilitys i have will be removed
I thought credit notes only stayed on your file for 7 years, most of this exceeds 9 years now
Ill join that credit checker and start the ball rolling
The past just never seems to move on, and ive heard collection agencys will take a portion of a debt but so far as ive seen all they do is bloat the original charge and then heavily discount to a figure thats a lot more than the debt was
Im shocked a collection agency can default you on the credit file despite never having spoken to me
I accept a huge period i was no fixed adress ( i was a HGV driver so lived in lorry to build my funds up) yet as said my bank always knew where i have been andevery letter ive been aware of i have rung or answered
most if not all the debts are over 9 years old but last time i see them were still showing on my credit file
It seems the company that assumed the debts from the banks then defaulted me for not paying them so my credit file looked terrible
It showed several addresses on my file that id never lived at but were given by investigators and charges were added as they had claimed to have traced me and visited me
I cant prove ive never lived at any of them and filed my concerns with Experian who added a note to the account and nothing else
They have suggested they take the case on and get all my debts written off if need be via courts but i dont want this
I want to somehow work out whats on my file and who is genuinely needed to be paid
I do feel bad and worry especially now in credit crunch whether the facility's i have will be removed
I thought credit notes only stayed on your file for 7 years, most of this exceeds 9 years now
As I understand it, any debt which is over six years old, is 'statute barred' meaning that it would be unrecoverable. 'However' if for instance you pay any amount toward the debt or admit 'In Writing' that you do indeed owe the debt then that six years starts all over again, merely acknowledging or admitting that the debt exists on the phone is not sufficient for the six year period to begin again.
When was the last time that you ever paid any money on the balance of your debts and who was it too? Was it a DCA?
The inflated charges they add on to pad out their profits, someone please correct me if I am wrong! but I am certain that as they are most likely unreasonable, then you wouldn't be expected to pay them. For example, a DCA will buy a debt for a few pence in the pound, add on their 'costs' and 'legal fees' and say if you pay by the weekend we will accept an offer of a % of the true debt.
So a £500 debt is sold to a DCA. The DCA has bought it for say £50, but will send you threatogrammes claiming that if you don't pay the full amount of £500 by such and such, then the amount will increase with added legal fees, court costs etc etc, so the amount will nearly double. Then a few days or weeks later they will send you another letter to try and soften you up and get some cash out of you, but this time it will say something on the lines of, you owe us £500, but if you pay within 7 days we are willing to reduce that to £270, if paid in full to clear the amount.!
Not bad when they only paid £50 for a £500 quid debt.
I know that is probably an extreme example but you get the idea.
If the entries on your credit file are that old, you could ask that they are removed, but be warned, the CRA will need to verify with the creditor, or whoever placed the entry on there, that the defaults have been satisfied, ie. paid/written off if statute barred. So if you've not been in touch with them for a while and your nearing the six year statute barred time limit, I'd wait a while till I was well over the time limit before having them removed
But any extra added 'fees' can be claimed back so long as they are not 'court fees' or fees issued by a judge.
You can set up a payment plan to pay off your debts with these companies, although I have always been inclined to deal with the creditor direct, rather than some DCA. I would recommend that you don't deal with any DCA as they will not be helpful, nor will they accept what you offer to pay, as they will always tell you that you can afford much more!
To get some help, if the CAB haven't already pointed you in their direction first, try the National Debtline who have a free phone number or you can email them.
If the group your with want to take it on and get them written off then I'd be inclined to let them help you, after all, it isn't just you that owes the money But why should you now have to be responsible for others selfish actions The debts will then be able to be removed off your credit file, allowing you better credit which you rightly deserve, and it will be less worry and stress on your part. That way then joint account or not, the only other person they can go after is your EX!
And from the sounds of it, I wouldn't lose any sleep over that at all, it's not vindictive or tit for tat, it's a little bit of 'What goes around comes around!';-)
I hope that you are able to get this sorted, just so I am clear, your not currently being harassed by any DCA's are you? If the debt is with banks etc, I would personally deal with them direct, even if they tell you that the debt has been sold on and your to deal with the DCA, no bank manager in his right mind would look a gift horse in the mouth right now!
Good luck, keep us informed and update on here;-)
No debts that I know of have had any money fo at least 9 years.
Those who have caught up with me ( Barclays etc) ive paid and corrected
The parking fines etc i have fully paid off
Firstly again thanks so much Im going to register my new adress with the credit file people and start this road, reading and working out firstly anything that is that old
I did previously complain to credit expert that so much of my file was incorrect, I rung them and emailed and found them totaly unhelpfull the best they done was allow me to make a statement that could be viewed to those accessing my credit file
Mind you last time i wasnt armed with the information thats available here
The group that support me idea is simply wrap all my debts up past and present and basicly force them to take a pound a week, Im against this despite bieng in a position to benefit from having no debts, But i know it serves no purpose its a big part of a previous life id like to adress and slay that dragon
No debts that I know of have had any money for at least 9 years.
Those who have caught up with me ( Barclays etc) ive paid and corrected
The parking fines etc i have fully paid off
The group that support me idea is simply wrap all my debts up past and present and basically force them to take a pound a week, I'm against this despite being in a position to benefit from having no debts
Daz, any debt that is now over 6 years old would be statute barred, they would have been sold off to a very unscrupulous bottom feeding DCA, who will have absolutely no chance of having all of the correct 'legal' documents least of all getting the money. So all of those debts that you have not paid or heard from for those nine years, I would let sleeping dogs lie and forget all about them.
As was the 'documented' case concerning my mother, she was approached by Lowell Financial for a sum of money she knew nothing about, to cut a long story short, it was a completely fabricated debt and it never existed, only in the minds of Lowell. Therefore they were reported to the F.O.S and Ofcom for their serious breaches in debt collection guidelines. Lowell as you may be aware are the most common DCA who specialise in old debts and gone-a-ways, pretty much they are the bottom feeders of DCA's and use unscrupulous methods to extort money from random people!
I am pretty sure, that like you said earlier, that anything over six years old on your credit file should be removed, but maybe you could ask 'a' CRA if this is in fact the case.
It might be that they need to hear from the creditor or who ever placed the mark on your file, that it is now 'satisfied'? But I am not sure, maybe someone else with a little more knowledge can advise?
I would totally ignore and disregard any of your debts over 6 years old, again assuming that is that you have had no contact with them in this time either via letter or paying them?
For any debts younger than 6 years, if it is a DCA who is trying to get their mucky paws on your cash, then make certain that they do indeed have the legal right to collect any monies relating to the debt, CCA's, letters of default, letters that one DCA has sold the debt to a 'new' DCA etc.
But CCA's are the most important, without that it is unenforceable less for this very unfortunate bloke.
You can already benefit from having no debts, write off anything that is older than 6 years. (on the caveat that you have had no contact with them in this time?)
A debt is considered Statute Barred (SB) if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an Unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.
BEING IN DEBT IS NOT A CRIME!
Have a look on this site called Debt questions and ask them how you would go about having SB debts removed from your Credit File.
They are not allowed to add multiple entries on your credit file for the same debt, so if your debt is sold from one DCA to another, the DCA selling the debt must remove the default from your file, which will allow the new DCA to put it back on in their name.
Use annual credit report to access your file, it's free to access. If you pay £4.97 for the 'Premium' you are entitled to other benefits to use in the service.
Right kettle is calling, I'll look back in later if you need any more help or advice.
Ive sat and thought and have now joined the credit checking people
i have to wait for post and then ill start my road to face the demons as they say
End of day if they win then it makes no physical diffrence to me but im dreading the memories this is all going to bring back
Daz as has been said if the debts have had no paymeny or written acknowledgement for at least 6 years then they become statute barred and cannot be enforced
Daz, I've found some other rather relevant info out for you, with reference to your joint accounts/debts.
These are called disassociation notices:
There may be information on your report about people who you have no financial connection with, or no longer share a financial connection with you (e.g. an ex-partner). You can write to the agency to 'disassociate' yourself from them explaining your reasons. You will need to fill in a form giving details about the people you want removed from your report. You only need to contact one of the credit reference agencies, as they will share the disassociation with the other agencies. If the agency refuses to accept your notice you can ask the Information Commission for help.
Also Notice of Correction:
You can ask the credit reference agency to put a notice on your report of up to 200 words explaining why you got into debt or why you think information on your report is misleading. You may want to explain your financial circumstances at the time and why your situation is now different. This notice will then be seen by anyone reading your report such as a lender making a search of your credit report when you apply for credit.
Most credit decisions are made by automatic means (i.e. computer). If there is a notice of correction on your report, your application must be referred for a manual decision (i.e. a person will decide whether or not you can get credit).
You can ask the credit reference agency (CRA) to remove some information, but it does state that they are entitled to leave information, so long as it is correct, on your file for 'at least six years' Although normally it will automatically 'drop off' your file after this time.
The credit reference agency will leave the information on your report for at least six years. Information held by agencies include the following: Credit accounts 'in default':
These details are deleted after six years from the date of the default. Settled accounts:
These are deleted six years from the date the account is settled or when the last payment is made unless a 'default' was registered. REMEMBER
This should mean that even if you settle a debt nearly six years after a default, the debt will be removed from your file six years from the date you defaulted.
Hope this will go to further help you out
thanks for the help and support heres an update
ive removed names etc
ive just 2 things that look bad amongst a very good green file as it goes
first is this
BLACK HORSE LTD Hire purchase/C... Default £7,303 01/03/2009 Hide
ENTRY NUMBER: C2
Name: ************ Address: ********** Date of birth: ********* Company name: BLACK HORSE LTD Account type: Hire purchase/Conditional sale Started: 18/12/2001 Default Balance: £6,551 Current Balance: £7,303 Repayment Period: Monthly Payment: £253 over 48 months Defaulted On: 30/06/2004 File Updated for the Period to: 01/03/2009 Status history:
[] brackets indicate most recent months status [ ] What's this? Note: A defaulted account is removed from your report after six years whether or not you have paid the debt in full. If you have paid some of the debt off, the balance should show how much you still owe.
Now this is a complete lie, if you look at the amount borowed and amount outstanding despite a large payment in 2002 last contact was in 2002
this is my 2nd problem but im soon out of water as they say for same period
Barclays BANK PLC ... Current Account Default £1,404 07/01/2007 Hide
ENTRY NUMBER: C4
Name: MR ********
Address: ********
Date of birth: *******
Company name: BARCLAYS BANK PLC (WOOLWICH) Account type: Current Account Started: 16/10/1999 Default Balance: £764 Current Balance: £1,404
Defaulted On: 21/10/2003 File Updated for the Period to: 07/01/2007 Status history:
[] brackets indicate most recent months status [ ] What's this? Note: A defaulted account is removed from your report after six years whether or not you have paid the debt in full. If you have paid some of the debt off, the balance should show how much you still owe.
Ive recently had 4 searchs from companies ive no idea f and not applied for credit of any kind according to the report
Its showing 38 linked adresses and i only heard of 2 of them
My Experian score is 806
advice given is
Factors that are having a positive effect on your score
You make all your repayments on time and in full - no accounts have been paid late in the past six months
You don't have any county court judgments and you have not been declared bankrupt in the last six years
Factors that are having a negative effect on your score
You have several credit agreements (excluding mortgages), and the outstanding balance is high
You are not on the electoral roll (registered to vote) at your current address
apreciate im in a lucky postion compared to many A summary of the calculations based on your credit report on Tuesday, March 31, 2009
You have £1,191 of available credit (excluding mortgages) You have £1,209 of outstanding debt (excluding mortgages and defaults) You are using 50% of your available credit You have 5 credit accounts (including settled accounts) You have 0 accounts overdue You have missed 0 repayments in the last year Your credit report has been viewed 1 times in the last 3 months and 4 times in total over the last year You have 0 public information records You have 1 aliases and/or financial associations You have been at your current address for 4 years 10 months You are not on the electoral roll at your current address
so what should i do guys? is there another credit agency? do i have to go through them as well
Ordinary entries must come off after 6 years. Most come off automatically but once the person has the files these list all the companies data controllers who you need to write too in order to get any older than this removed.
New entries such as when a debt is sold will stay on though, and as long as you dont pay these can be re-registered perpetually thereby re ruining your credit files.
All contact risks restarting recovery action and they can do everything save court action and this almost always restarts when companies are contacted so its a risk you will have to accept.
The bottom line is the statute only stops legal enforcement but the debtor is liable forever. The debt will be sold time and time again and reregistered time and time again until you choose to deal with it such as by Full and final offer.
If you do indeed intend to pay off your SB debts it would be wise to calculate a full and final offer of payment. This means that you ask the creditors to let you pay a lump sum which is less than the full balance you owe on the debt. In return for having a lump sum payment the creditor agrees to write off the rest of the debt.
For Example:
You may have £10,000 owing to four creditors. You can raise a lump sum of £4,000.
You owe:
£2,300 to Mastercard
£1,200 to a catalogue company
£4,500 to a loan company
£2,200 to the bank
Use this formula:
Lump sum available,
X each debt,
Divided by, the TOTAL amount you owe to creditors,
= The offer to creditor.
Do the same calculation for each creditor, using each individual debt in the calculation.
OFFERS TO CREDITORS BASED ON A FULL AND FINAL SETTLEMENT OF £4,000
Creditor
Debt
Full and final settlement offer REMEMBER
Do not pay the lump sum to any creditor that does not agree your offer in writing.
This is a template letter to send and ask them to accept a full and final offer. FULL & FINAL SETTLEMENT LETTER FOR ANY DEBT
Dear Sir/Madam
Re: Account No/Reference No:
I write with reference to the money which you are claiming on the above account.
I can confirm that I am unable to offer to pay the money which I owe in full (Add details of your circumstances and financial situation). However, I can raise £ (put the amount which you can afford to pay) and I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you or any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability.
I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.
Payment can be made within (put the number of days or weeks within which you will pay) of receiving your written agreement of this offer and method of payment.
I look forward to receiving your reply.
Yours faithfully (Your signature) Or print your name, sign it and draw a line through it, or use My Live Signature which will create a signature for you.
The National Debt Line will be able to help you out in paying SB debts and clearing your credit file. I hope that you can get the result you want, but IMHO I would let sleeping dogs lie, however I do admire your honesty in wanting to rectify your credit file, well done you!
Cheers Boo,
so in theory although the debt is over 6 years this could if the collector is an arse stay on indefinitely if they keep selling them
You've got it in one daz! The initial creditor will have used their own 'in house' DCA's. Then when they get nowhere, it will be sold on to an outside DCA, but they will not pay the whole amount of the debt, for instance for every pound you owe, they will pay the original creditor 20 pence in the pound, so a one hundred pound debt will be bought for £20, you get the idea?
Which is why the DCA's are able to 'offer a one time payment of £'s only available if you contact our office now'
This is how they make their profits, you leave the bank owing thousands, they buy it for hundreds, but make out you still owe the full amount, when in all reality, the bank or creditor, has sold the debt to recoup some of it's loss, then it reclaims the rest of the money owed from it's insurers, this then keeps their books straight and the debt is now someone elses problem!
You'll also find that the longer the debt is owed the more undesirable DCA will get hold of it, and whilst it might be Statute barred, each and every DCA who buys it is allowed to add this to your credit file, and this can continue for as long as the debt is owed, the only thing that they cannot do is take you to Court to obtain a county court Judgement (CCJ) or any court action for that matter.
They may still send out the occasional threatogramme from time to time, but they are unable to do anything apart from hope you will finally cave in and pay up, but as the debts are SB they know that they are unlikely to see any of their money
When you saw your credit file, there weren't any 'Judgements' on there?
You can argue that the creditor is out of time or 'statute barred' from taking you to court for this debt if:the creditor has not already obtained a judgment against you;
you or anyone else owing the money (if your debt is in joint names) have not made a payment on the debt during the last six years;
you have not written to the creditor admitting you owe the debt during the last six years.
But like you say, you've not heard from them for well over the six year time limit, you've no interest yet in getting any credit, so your file isn't having any adverse affect regardless of what is on there! So yes I would be inclined to let sleeping dogs lie, put it on a back burner then if your circumstances change, just address it then, you never know they may have given up, gone bust, turned into mushrooms....the possibilities are endless!
Cheers mate, confronting and opening the credit file was realy putting ghosts to bed and im not going to deny shedding tears not because i had no CCJs just the memories of a previous life etc it brought back
Im assuming the other credit agencies would show if i had CCJs etc and have similar information
Again cheers for all the support ill stay with forum and hope i can return the support
Please can someone point me right or help
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Originally Posted by V70daz
But why should you now have to be responsible for others selfish actions
Hide
] 
You have £1,191 of available credit (excluding mortgages) 
