My other half took out a loan, no ppi, but charges which he successfully claimed back.

Due to being unemployed for a while he defaulted on the loan and came to an arrangement to pay the loan back.

After 6 years the loan disappeared from his credit file. He is continuing to pay each month without fail but since the loan disappeared from his credit file Blair O.S. have gotten really shirty.

First they sent a letter saying something along the lines that despite asking over and over for the whole balance to be repaid he had not done so and if he did not repay the whole of the balance within a week that people would call round etc. Having looked around the site seemed to be a standard letter. He had not had anyone asking for the whole amount ever. Having looked more closely at the letter and tried to match up with his own records he cannot work out the discrepancy between what he thinks he owes and what Blair say he owes.

He has sent off a S.A.R. with the £10 (had to borrow from his mum) in order to get a full picture of what has happened. He told them he didn't recognise the account and until he recieved the statements etc the account would be in dispute. He has no intention of stopping payments to them but would like to know that the balance that he is knocking off his monthly payments from is the same balance from which Blair have.

This was followed by a call from Blair which he couldn't answer or reply to because he was out, then a letter saying papers were being put together for court action.

Can they do anything if he has never missed a payment, he has continued to pay on time each month and the actual loan has disappeared from his credit file.

The debt is not statute barred as payments are being made,

yes they can take court action, they probably consider that

it will take to long to clear the debt on the current payment

level.

ALL accounts fall off credit files PAID or NOT this does not

affect the status of the debt, for SB there must have been no

payment or written acknowledgment for 6 clear years.

He is not trying to get out of paying it is more the fact that there is a difference of about £450 between what he thinks should be paid and what B.O.S have on their records.

He really wants to get it sorted before he gets to the final few months. If he has made an error then fine but equally he would like to know what exactly he owes.

For all he knows some payments might have been credited to someone else's account.

It hadn't crossed his mind to get out of paying

He feels really aggrieved that for the past 5 years he has paid every month without fail and is continuing to pay even though things are getting tighter and tighter and he is in the last three years and all of a sudden he is getting nasty letters about taking him to court. Surely even if they took him to court they would have to present statements which is what he is after.

Can Blair take someone to court if they have agreed to a payment plan and the person is paying each month as agreed.

• No one especially me, has made any judgment on this,
  
• I clearly stated the status of the debt.
  
• It is simply that the debt is ''live'' and the current owners are seeking payment.
  
• A statement should be provided yearly.
  
• yes they can try to enforce the debt.
  

So what you are saying is, it doesn't mean anything if a DCA has agreed to a payment plan they can rescind it at any point.

As for statements being sent yearly, he has never received any statements from them ever. he just has the balance Sainsburys told him when it was handed to B.O.S. and he has been deducting what he pays each month from that.

What he doesn't understand and is finding most upsetting is he is well over half way through repaying this loan and they have pulled the rug from under his feet. One payment plan is due to finish in 4 months and he then he would have been able to pay more to Blair Oliver and Scott but it doesn't look like that is going to happen.

Blair could end up with nothing. Without going in to too much detail he has had the talk with his dr over how long he has. I have tried to take the stress out of things for him and things have settled down but he opened the letter from Blair and was visibly shaken. I feel that letter has done serious damage to his health. Even if they took him to court I cannot see what they are trying to achieve as if there is nothing there how can he repay what he doesn't have. It is more than likely that he will be off work through ill health or the worse could happen and I can assure B.O.S. that they will get absolutely zilch. He did have the bailiffs round a few years ago and they left empty handed as he does not own anything of any value.

At the moment he is paying what he can afford. the debt would be paid off in the next 3 years and having read around the site there are others whose debts are going to take longer to repay than his and there are those that will never repay at all as they owe thousands and are repaying at £1 per month. He has repaid about 70% of the loan and just cannot understand their thinking on the situation.

If it were me I'd SAR the lender to get the full story of the account

ims

So what you are saying is, it doesn't mean anything if a DCA has agreed to a payment plan they can rescind it at any point.

 

As for statements being sent yearly, he has never received any statements from them ever. he just has the balance Sainsburys told him when it was handed to B.O.S. and he has been deducting what he pays each month from that.

 

What he doesn't understand and is finding most upsetting is he is well over half way through repaying this loan and they have pulled the rug from under his feet. One payment plan is due to finish in 4 months and he then he would have been able to pay more to Blair Oliver and Scott but it doesn't look like that is going to happen.

 

Blair could end up with nothing. Without going in to too much detail he has had the talk with his dr over how long he has. I have tried to take the stress out of things for him and things have settled down but he opened the letter from Blair and was visibly shaken. I feel that letter has done serious damage to his health. Even if they took him to court I cannot see what they are trying to achieve as if there is nothing there how can he repay what he doesn't have. It is more than likely that he will be off work through ill health or the worse could happen and I can assure B.O.S. that they will get absolutely zilch. He did have the bailiffs round a few years ago and they left empty handed as he does not own anything of any value.

 

At the moment he is paying what he can afford. the debt would be paid off in the next 3 years and having read around the site there are others whose debts are going to take longer to repay than his and there are those that will never repay at all as they owe thousands and are repaying at £1 per month. He has repaid about 70% of the loan and just cannot understand their thinking on the situation.

So what you are saying is, it doesn't mean anything if a DCA has agreed to a payment plan they can rescind it at any point.

 

As for statements being sent yearly, he has never received any statements from them ever. he just has the balance Sainsburys told him when it was handed to B.O.S. and he has been deducting what he pays each month from that.

 

What he doesn't understand and is finding most upsetting is he is well over half way through repaying this loan and they have pulled the rug from under his feet. One payment plan is due to finish in 4 months and he then he would have been able to pay more to Blair Oliver and Scott but it doesn't look like that is going to happen.

 

Blair could end up with nothing. Without going in to too much detail he has had the talk with his dr over how long he has. I have tried to take the stress out of things for him and things have settled down but he opened the letter from Blair and was visibly shaken. I feel that letter has done serious damage to his health. Even if they took him to court I cannot see what they are trying to achieve as if there is nothing there how can he repay what he doesn't have. It is more than likely that he will be off work through ill health or the worse could happen and I can assure B.O.S. that they will get absolutely zilch. He did have the bailiffs round a few years ago and they left empty handed as he does not own anything of any value.

 

At the moment he is paying what he can afford. the debt would be paid off in the next 3 years and having read around the site there are others whose debts are going to take longer to repay than his and there are those that will never repay at all as they owe thousands and are repaying at £1 per month. He has repaid about 70% of the loan and just cannot understand their thinking on the situation.

Yes any ''agreement'' to pay reduced amounts can be recinded at any time.

IMS21 suggestion to send A Subject Access Request to the original creditor

is good.

There is aa £10.00 fee for this and they have 40 days to comply, use

the template letter from the CAG library and edit to suit