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aagwill

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Everything posted by aagwill

  1. Sorry, I don't understand the reply. Any information held by a CRA about me is covered by the Data Protection Act??? I was basically asking what proof the creditor shows to the CRA when registering the debt. Surely they cant just add files to your report at will with no proof the debt even exists?? A credit card company has told me they have sold my debt to another company. I won't deal with the new company as is my right under the consumer credit act. I have been trying to get hold of the of a copy of my original credit agreement. If the new company wish to register my debt with Experian then they must be in possesion of the original signed credit agreement in order to register it?? As far as I'm aware there is no other document that legaly shows a debt exists?? Or can credtiors add files to anyone's report without having to show any proof the debt exists?? The original creditor and the new one are both updating my credit file each month so I now have 2 files being updated for the same supposed debt.
  2. Hi, When a credit card company for example, register a debt with a credit reference agency they surely have to prove in a legal fashion that a debt actually exists. I assume that the credit card company could not register a debt without proof as they could claim anyone has a debt without it. As far as I'm aware the only legal document that proves the existence of a debt is a CCA that was signed at the time of opening the account. Could I not challenge Experian to prove that a CCA was produced in order to prove that I owe what they sat I owe? Can this be done by a Statutory access request? Any help is most appreciated.
  3. Hi, I started a thread a while back and have been avoiding debt collection agencies for a while now. Me and my girlfriend have 4 credit cards (Barclaycard(1998), Egg(pre 2003), Littlewoods aka Barclaycard (pre 2003) and Mint (2004)), one Resolve loan from Barclays bank, a Next Directory debt and a debt from Lloyd's TSB for money completely made up of charges after going overdrawn from being charged! I need to be in a position to get a mortgage in about 18 months time. I understand I will need to get my credit file sorted out and that I will probably end up paying a lot of interest on the mortgage due to debts that will still show even if satisfied. I am getting a nice hand-out from my parents to cover approx 45% of the cost of the house and have already asked if I can use some of this money to pay my debts off and have been told no in no uncertain terms. I will start a thread for each debt, but was just wondering how the recent court cases have affected the claims process for charges, both account and credit cards and getting your CCA. I am now being chased about all of these debts and I'm being threatened with court action by most. Should I wait until they take me to court or should I start action myself? There is so much great info on this site it's hard to find exactly what your looking for. Sorry if finding this info is trivial I just need a nudge in the right direction. Any help is most appreciated.
  4. Upon attending court the Clerk picked up on the fact that the debts were over 6 years old and the council woman returned with the following explanation. I was a student at the time and their computer had taken off my student discount for an unknown reason. She wanted me to find out all the dates i attended college and get back to her asap. I explained that I was claiming benefits a would and could not waste money phoning round the university when they had already had the info and it was over 6 years old anyway. She phoned last Friday and I missed the call . So far no follow-up. Will keep posted on the outcome.
  5. Thanks for the swift reply tomtubby. Sorry dont understand the second comment, your first reply was spot on. Will update what happens later today.
  6. I have recently received a bill and summons for two amounts of outstanding council tax. One relates to 12/3/2001-18/7/2002 and the other for 1/4/2002-31/3/2003. As i understand it no one is expected by law to keep records relating back further than 6 years? My girlfriend paid the first period through an attachment of earnings and the company is no longer trading so cant help with documents to prove this. We have been paying the baliffs ever since with many charges for things they didnt do, like visits that never happened. Can they enforce this bill. Sorry to leave it so late, the hearing is tommorow 23/4/2009 at 14:15pm. Wish id found this site sooner. any help is most appreciated.
  7. Hi everyone, I have been looking through this great site and had no idea that unenforceable CCA's were even an issue. I recently lost my job as a self employed floor fitter and firmly place the blame at the Bank and Governments feet. Most of my work was for new house builders who now have no work at all, due to the fact that people cant afford houses any more, due to the banks awful management. Me and my other half have 4 credit cards (2 with Barclays) all issued years ago and we would very much like to get the balances wiped off, if possible along with all charges and interest returned. We have started the ball rolling with our current accounts and would like to do the same with our credit cards. My question is, should I start the unfair charges route first or just request our CCA's and see if they are enforceable? I also took out a Resolve loan with Barclays to clear a student overdraft and know that I didn't sign anything at all. Is this enforcable? I know the info is probably here somewhere but cant seem to find it. Any help is most appreciated?
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