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Everything posted by debtchallenger

  1. Thank you. Will it continue to affect a mortgage application that is made after it has dropped off though? How much visability do lenders have of old records of credit files?
  2. It was an old debt that was put into dispute with Aktiv Kapital once we noticed the CCJ that they had registered. Following lengthy correspondence, they could never actually prove that the debt existed and so have left us alone. The balance was not paid.
  3. Hi everyone, We are wishing to make an application for a mortgage next year, but we are waiting, because there is a CCJ on the credit file, that is due to come off in January 2013. Once that has gone, there will be no adverse credit. I have just been told by a financial advisor that all mortgage lenders ask if you have ever had a CCJ registered against you. If it does not show up on a credit check though, do you have to declare old ones? I am thinking that in this economy, it could wreck our chances of getting a mortgage. Any advice gratefully received
  4. Thanks for responding. I was reading up on statute barred debts before, and there seemed to be a debate on whether any letters sent to these people were classed as "acknowledgement of the debt" for the purpose of the limitation period, even if you actually said that you did not acknowledge the debt! I don't think I will bother responding to Apex!
  5. Further to the above posts, I have had an interesting letter from Apex credit management. My last letter to them stated that not only was this debt unenforceable because their "client", Cabot had failed to provide documentation proving it, but it also fell outside the Limitation period. Now Apex have written back saying that they do not agree, because they have had correspondence with us and given two dates, both within the last 6 years. They are saying that this correspondence is deemed acceptance of the liability. On looking back at the correspondence, these are letters disputing the debt, and one is the CCA letter, clearing stating "I do not acknowledge any debt to your company"!! As this matter has been ongoing so long, with Cabot being unable to provide documentation that we requested, we have now reached the 6 year mark since the last payment was made. I thought that this meant that the debt was not inside the limitation period. We have been corresponding with Cabot using template letters. Does this mean that the debt is not now statute barred as I had thought? many thanks
  6. What liars they are. That is interesting reading gloryhunter. They definately said in the letter that Apex had been instructed by Cabot, who were their "client". I shall bear that in mind should I have cause to write to them again!
  7. Ah yes, so it does. Interesting, because they tell me in their letter that they are acting for Cabot. What a lot of nonsense.
  8. My worry is that if they think they have an enforceable agreement and I ignore them, they will start registering defaults etc. Or is that incorrect?
  9. There is nothing showing on the CRA about this, I think last payment was around 2006 time. I have located the thread on CPUTR and that makes for interesting reading. I am thinking this Apex company are just chancing it, trying to get money out of me for a debt that they cannot prove etc.
  10. Hi, thank you for replying. The account is already in dispute - has been since 2009! They have sent lots of letters over time saying that they could not get hold of any documentation or agreements from Barclaycard, then I received this illegible document! The most recent letter is from Apex, saying that they are acting for Cabot who seem to have bought the debt from Barclaycard. Where would I find the Priority One thread, have done a search on here, but its not coming up. Many thanks!
  11. I have an ongoing dispute with Cabot financial, and they have sent me a photocopy of the Barclaycard conditions. The print is tiny and barely legible, enclosed also were some statements. I've been reading the guidance on the CCA 1974 and I noticed that to fulfill the CCS request the agreement doesn't have to be signed, it was also sent longer than 12 days after the prescribed period. In your opinions, is what they sent sufficient to prove that this debt exists? Thanks for your help.
  12. Hi there, I have had an ongoing dispute with Cabot financial about a debt which we asked them to prove. To cut a long story short, they sent an unsigned copy of some Barclaycard terms and conditions and some printed statements which bore no resemblance to Barclaycard, they did not even have Barclaycard printed anywhere on them. They were what looked like statements of interest payments. I responded, saying that I did not think that this constituted proof of the debt (which we originally asked for in July 2009), pointing out that the documents that they sent bore no reference to me. I said that I would not be making any payments unit they could prove the debt. They responded (to the wrong address) saying that it did constitute proof of the debt, and that a "true copy" of the docs does not mean an exact copy (?) They refer to Regulation 3 of the Regulations. I am not certain what they mean here. Because this letter was sent to the wrong address, I ignored it. A company called Apex Credit Management have now written (to the right address) asking for payment. What should I do next? Any advice gratefully received!
  13. Thank you. I have no info on it at the moment, but I know it was Northampton County Court. I have written to B. Carter, asking for copies of all documentation and correspondence relating to this default, and copies of the court papers. Interestingly, I only sent the letter off on Wednesday and already, there has been an alteration to the credit file, showing that the debt has gone from unsatisfied to satisfied!? I am pretty sure they sent the papers to an old address and will certainly apply to have the default set aside. We have always been on the electorial roll and there is no excuse not to have sent papers to the correct address! Many thanks for your help.
  14. Hello, On looking at his credit file, my husband has a CCJ that he knew nothing about. We have contacted the Northampton county court and they said that it was registered by Bryan Carter solicitors in November 2006 in relation to a capital one debt. I am thinking about writing to Bryan Carter because my husband received no correspondence about this and had no idea that he had a CCJ! There is also a default too which is something to do with capital one and I wondered about querying that and trying to get it removed. Reading on this forum, it seems that Bryan Carter are slippery, and now I am wondering if I should write to them or just let the CCJ run its course and not get involved with Bryan Carter. Any advice would be appreciated. Thank you
  15. Ah I see, thank you. I was worried that they might be able to "re-register" a default at the time that it was due to come off the credit record.
  16. Thank you. So am I right in saying that if the debt remains unpaid, the default drops off and they cannot chase it further? I will certainly try and find out who registered the default originally.
  17. My husband has had problems with Aktiv Kapital in the past, and we formally put the debt into dispute in July 2009. Have not heard much from them since, apart from that they were trying to obtain proof of the debt from the original creditor, HSBC. On looking at his credit file, they previously registered a default on 08.01.07, without him knowing. We have not heard anything from Aktiv Kapital for a while - what should we do? Obviously, we are trying to work towards getting the default taken off. Interestingly, Experian is showing that the default is not being regularly updated, and Call credit is showing that it is. Not sure if that has any bearing on things. What happens if a default is just not paid? Does it drop off the credit file after 6 years, and that is that? Should we contact Aktiv Kapital and ask what is happening? Thank you
  18. I am in the middle of doing a mortgage application, and the form is asking for any CCJs that have been made ever. My husband had one that came off his record in around 2004. If we declare this, will it ruin our chances of getting the mortgage? It does not show up on his Experien report as it has long since been removed. I really don't know what to do. There is a box underneath on the form to explain what the CCJ was for etc. I thought lenders were only required to consider the last 6 years. Many thanks in advance.
  19. Thank you so much. I am thinking that even if they use their own scoring systems, a CCJ is a pretty major thing to show up on someone's credit file. I will check Call Credit and Equifax too.
  20. We applied for a mortgage today with the Skipton building society. We have paid off all our debts, so are completely debt free. My husband had trouble in the past with a CCJ, but that was well over 6 years ago and he knew that had been removed. He has been bothered in the past by Aktiv Kapital, Cabot and the like, but thanks to advice from this forum, we saw them off! Skipton use Call Credit for their credit checks, and our mortgage application was refused, because of a CCJ and 2 default. We have no idea what these are. So, we logged on to Experian, who is showing that he has an 'excellent' score of 999, no CCJs or anything else outstanding. We are completely baffled. Obviously the mortgage application is extremely important to us. Has anyone any ideas? I thought Experian was the main credit reference agency, they can't be wrong, surely ? Would REALLY appreciate some advice, Thank you
  21. Unfortunately, I do not have a scanner, so cannot post it up. There are actually no identifiers on it, it is simply a list of terms and conditions and a box at the bottom saying "cancellation form" to cancel the agreement. No name address or signatures.
  22. Cabot started chasing me for a debt some time ago and I sent the account in dispute letter followed up by the letter asking for a copy of the consumer credit agreement and sending the £1 fee. This was in July 2009. They have just written to me (at my old address - we have since moved) sending a copy of what looks like Barclaycard terms and conditions. It is barely legible and no where is any signature on it. At the top, it states that it is a credit agreement. There are also a list of transactions that look like interest accruing on this account which starts at 2005. Is this enforceable? They are obviously out of time for sending the credit agreement to us, but would appreciate your advice! Many thanks.
  23. What is the best way to obtain a copy of my credit file, I see that Experian and Equifax are both mentioned on here, but do you need one report from each? Do they not do the same thing? How much does it cost roughly? Thank you.
  24. I thought that they only had 14 days in which to produce a valid CCA from the date of the CCA letter, which neither of them have been able to do. If they still manage to produce one, even though it is after the deadline, is this acceptable?
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