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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Sudden Activity from Debt Collectors


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I received a letter in January this year from 1st credit, I replied with a request for CCA.

 

They have now after 4 months written & said that M&S have now the original debt back & Ist Credit will not communicate further (I thought these companies buy the debt,then sell on etc)

 

By same post there was a letter from Intrum, again I will ask for an original copy of the credit agreement.

Then a really curt letter from Rostons solicitors, re another small debt.

This letter states that I MAY NOT ask for the original agreement.

 

These debts came about when my husband became so ill that I had to retire from full time employment, he is also in receipt of enhanced PIP.

 

These debts have been sold/re sold resulting in letters from various debt agencies claiming to own the debts.

Is this correct that I can no longer request a CCA?

also please can you advise me if it is only because the debts are into their 6th (or more) year that I have all this activity?

 

Many thanks

Edited by dx100uk
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It may well be that because they are about to become statute barred – that everybody is getting excited. In terms of the depth which you apparently may not apply for a CCA, it could possibly be because of the type of debt. Tell us about that debt

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1st Credit and Intrum are now one and the same.

 

https://www.intrum.co.uk/

 

With regards Restons that sounds like a PAP letter...read here..

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

 

You can and always be able to request a copy of your agreement...its the law...CCA1974 sections 77/78/79

 

 

Andy

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your posts are rather confusing because you are mentioning several debts in one post.

 

it might be better separate these debts out in to individual threads in the forum of the name Original Creditor and post everything to do with that debt there.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry.

First debt is M&S which after I requested copy of cca has been passed back to M&S from Intrum (it had done the rounds through various agencies.)

 

Second is Next that is the one I have received from Debt Manager Services, with the covering letters from Restons telling me that I cannot apply for a CCA

 

Third is Bank of Scotland from Intrum - which I will request a CCA for.

 

The one that bothers me is the Next debt with letter claiming Pro Action Protocol, as I KNOW there is no CCA

 

All these debts do not total 3k and they are all coming up to the 6 years period??

Many thanks

Edited by dx100uk
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now, a reconstituted contract is fine for things signed online or any format after 2007 so they are wrong regarding something agreed in 2006. you are entitled to see the original.

 

The real question is who owns the debt?

 

If it is still next then you write to them with a CCA request and copy to Restons pointing out that this is pre 2007 so a full signed copy is required to fulfil the requirements of the CCA.

 

As for the BOS, was that a loan or credit card?

 

If it was an overdraft there will be no credit agreement so not under CCA

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BOS is a credit card,

Next a store card.

M&S also credit card

am I correct that all require a CCA?

 

The Next card is pre 2006 def. and the letter from Restons refers to Debt Managers Services ltd, who purchased the debt from Next, they include a statement of Account covering 12/4/2017 to present which means nothing as the last payment to next approx 2006.

 

Also they refer to a date of obtaining the account''on or around July 29 1991'' which is a blatant lie, I have old statements showing the card used from 2006 only.

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Yes all require a CCA

 

Please start a new thread now for the next debt!!

VERY important!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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