Can I trouble you for some advice?

I have lurked here for quite a while but now want to clear something up.

Over the past 18months 1st Credit have been hassling me over an old AA Finance Loan which was sold to 1st Credit in 2011.

I received letters from 1st since 2013 and

I wrote to them with usual £1 PO asking for true copy of account documents including signed copy of agreement, statement of acccount and T&Cs.

I have received nothing from them.

I have not acknowledged the debt and I have a letter from them where they state "I understand that you consider that you have no knowledge ofthe account"

The outstanding balance was £16K and for one reason and another I couldn't pay it.

I managed to make payments until 2008 and then through a debt management company i made more payments to April 2009.

I believe it is now statute Barred but I am not saying anything for another month. they have not sent me any statements of account

However. I have recently checked on Equifax and on my account is an entry by 1st credit stating that there is an active loan account for 16K.

Advice.

should i ask for a statement of account and ask why they have an entry such as this when i have no loan agreement with them that they can prove or can be collected?

It doesnt show as defaulted or as a red entry it just shows as outstanding.

I have attached what is on file at equinox. Experian has nothing and Noddle has nothing.

Technically it sahould appear... When was the date of default?

The default 31/10/2008. that dropped off last November. Are you saying it shouldnt be there ?

Yep... 6 years from the default date it WILL disappear!

Yes the default has gone. But they seem to have entered it as a loan ??? and the ammount outstanding is still the same. It is not shown as default any longer but it is still there. Can I make them take it down via ICO ?

Yes the default has gone. But they seem to have entered it as a loan ??? and the ammount outstanding is still the same. It is not shown as default any longer but it is still there. Can I make them take it down via ICO ?

YES.

You need to make offical complaint to the data controller at First Crud as well!

Were you ever sent a Default Notice ?

If you did not, then you will have to wait for 6 years, plus at least 2 months to give you a fighting chance on claiming statute barred.

Was this a secured or unsecured loan and was there any Payment Protection Insurance on the account.

It was unsecured loan via AA Finance IE RBoS.

The default date was 31/10/2008 and the default disappeared from my file in November 2014. This loan entry remains.

YES.

 

You need to make offical complaint to the data controller at First Crud as well!

Is there a template I can use. Has anyone done this before?

if you have proof of the defaulted date

write to the CRA provider

simply asking why it is still showing

quote the ICO Guidance:

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

inc a copy of default proof

if you have proof of the defaulted date

write to the CRA provider

simply asking why it is still showing

 

quote the ICO Guidance:

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

 

 

inc a copy of default proof

As I said further up this thread. The default has been removed but has been replaced with an entry that says I have a loan with them for the full amount. And that no payments are being made to it. It is effectively the same as a BAD entry. Sort of "default" but not saying that. As they cannot produce the original agreement or a signed copy of it AND the debt is statute barred can I ask - force them to remove the "Loan" entry ?

but the orig loan/entry did have a defaulted date that has exceeded 6yrs from its birth

dx

but the orig loan/entry did have a defaulted date that has exceeded 6yrs from its birth

 

 

dx

The 6 years was up on 31/10/2014 and it was removed and no longer appears.

It's whether I can do anything about this so called "Loan"

Bloke

you are obviously not understanding post 10

dx