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learningtofly

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  1. Many thanks - that is re-assuring and helpful! So they just vanish from credit files. Assume this is why the letters (which were previously up to 2 a month) have stopped - with none received in over a year. So the last one that will reach 6 years next month........how long does it / should it take until this disappears? Should it be on the date...within days, weeks, or does it depend case by case?
  2. Hi all, Wanting to try to reclaim PPI (and possibly late payment / exceeding limit charges?) for my girlfriend and confused about exactly how to do it? Have just tried to look around the forum but there are so many links and reems of information and I am not sure exactly what to do. is there a simple step by step guide relating to the below?..... Have been sat on a lot of this info since 2012 when we sent SAR requests - with the intention being to try and sort out her credit rating (due to previous defaults entered relating to the accounts below). We haven't followed up on all of this quickly as just been too confused and stressed with other financial worries - and just want to try and sort everything now. Have recently come to realise that PPI/charges may be reclaimable... .looked into it for a while and then lost all the information due to computer being stolen, and then just haven't followed up. From the paper notes/SAR info I can state the following: 3 Accounts 2 with Barclays - got SAR information August 2012. 1 - Barclayloan 2001-2002. Was paid off fully. Statement shows an "Insurance Premium" of £45 - which I've noted was "added to loan value" (via previous research on this forum?). Have noted £45 charge + circa £55 interest claimable" Must have been a spreadsheet/calculator I used? Not sure which or how to do this now? Calculate it on a spreadsheet + interest - write this into a letter and claim 2 - Barclaycard - defaulted Jan 2005. Passed to HFO services. circa £3000 balance. She ended up giving in to threatening letters and phonecalls and paid a total of around £600 to HFO services over a few months. Hence won't be stat barred until 2018. However - no CCA provided, HFO services seem to have had all sorts of issues....advised on here this is "deadlocked?" - not received letters for over a year. Statements received in SAR show PPI totalling around £170 was charged. Another £25ish was charged for some sort of "CVR accidental death" thing.. ..and then another £160 of exceeding limit and late payment charges was added - £20 per time. (All of this over about 8 months). I have made a note stating "circa "£340 charges + £250 interest recalaimable??" Assume using a calculator on here? Is this a case of calculating/adding up charges on the statement - working out interest somehow - then sending this with a letter as a claim? 3 - Natwest Credit Card. Balance defaulted Jan 2009. Last payment few months prior. Stat barred now, no contact for over a year. We wrote and asked for SAR info August 2012, but Natwest replied saying they had a different address and require proof of address and the SAR resubmitting. Did get some info back in response to S78 which shows PPI was included on the account though - but don't have full statements to see how much. Assume need to resend SAR now, get statement then.....not sure what to do next? Use a spreadsheet to calculate a £ figure and then put it into a letter? Thank you for any help or pointing in right direction!
  3. My girlfriend had a number of debts from 2008 and before. She totally ignored them and didn't know what to do and how to go about addressing any of it. Thanks to some very helpful information from this forum - we sent SARs and got back lots of information in 2012. We decided to "sit tight" with everything and wait things out until they became statute barred. As far as I can tell (having waded through the reems of information sent back) they are statute barred now (no payments made in 6 years +).. .with the last one to become so next month - July 2015. This one is still showing on credit record though (only checked noddle recently) - what do we need to do to get it removed as soon as the 6 years from default date arrives? As soon as this hits 6 years - is it worth signing up to Equifax, Experian, (any others?) and reviewing all information on them and ringing / writing to them all to as accounts are removed if over 6 years? Etc? She also was receiving various demand letters from different debt collection companies from about 2009-2013 and early 2014, but this has all dried up now with nothing recieved in over a year. Is it worth sending some kind of letter to any of the companies now to state that no contact should be made again as debts are all statute barrred , or can this just be left as it is now and all paperwork saved in case of future contact?
  4. Are you suggesting I email the chief Exec first? Or do the whole SAR thing first, or ring them? Do I need to collect evidence first or what? Just not sure of best way to approach this.....and want to get it resolved asap as we were intending to start mortgage hunting/applications in August?? Thanks. Sorry for being a bit clueless?!
  5. Just looking for some advice for my girlfriend..... She has a phone contract with Orange, and has for a couple of years. Has recently migrated to EE. She had a direct debit in place in 2013 to pay the monthly bill, then for some reason (don't know/can't remember why) this ended up not being in place in 2014. Through the year she kept ringing up each month and paying the bill (on time) over the phone. I told her to get the direct debit set up - and she repeatedly rang Orange, said she wanted to se up a direct debit for her monthly bill - and gave them her bank details on the phone and they said they would set it up. For some reason this never happened!!! She must of done this 4 or 5 times at least. She carried on paying the bill on time each month throughout this. In Feb this year a bill wasn't paid on time. Overlooked perhaps. Her online billing said this would just roll over into the next bill. At the time she spoke to Orange a few times by phone - as she realised they had been overbilling her each month for a year (was meant to have a 40% Friends and Family discount applied to the contract each month - but it hadn't been. Orange agreed to a refund of £120 for this period). I think they also said it would just be billed as part of her next bill. Around this time she AGAIN gave her bank details and somehow THIS time - a direct debit was set up by Orange......and her bills have been taken monthly by direct debit without issue since. We have just looked at her credit record - and noticed that Orange have entered a late payment mark against the bill from Feb!!! This is feels really unfair and in the context of everything else that has happened - can it be challenged? She has finally just about cleaned up a previous terrible credit history - and next month the last other historic negative things will drop off.......giving her what would be a totally clean record (well....now apart from this!!!!!) Her bank has put in writing that Orange have never tried to take any money by direct debit since 2013 - she asked them as I vaguely remember at some point Orange telling her on the phone that they tried to take payment but it "didn't work". I'm wondering how we challenge this and get Orange to remove the late payment mark? Do we ring them and ask them to read out all the notes on her account over 2014? Or is it - send a SAR request and specifically state ALL notes of all phone conversations need to be included? Am thinking if can prove she has rang and gave them direct debit details....more than once...and they haven' set it up - we can then write a letter of compliant with this evidence and ask that they remove the late payment mark? ANy other suggestions?
  6. RE: erasing details? - If I get my money back, and the dealer has the car and the doc with my details taken off it...are the grounds for an issue in any way? Appears the car was never sold to me......or I bought it...then changed my mind - and dealer had filled in my details then had to erase my details as didn't complete the sale? RE: Destroying it? - Likely to cause me an issue though when going in to get my money back and give him back MOT and other car docs..... As he will ask where V5 is....I will say what? "I've lost it - you will have to apply and get a new one?" Can see this perhaps being a bit iffy with him? No? Suppose I'm wondering is there some possibility of it coming back to bite me....somehow...that I've not thought of.. if I go in - explain - "look I've not actually sent it off yet....suppose I've done you a favour eh as haven't added another owner....so lets erase my details and call it quits and you keep the car and all docs and I get my money back" ????
  7. Will try to be brief: Bought a car circa 7 weeks ago for £2000. Dealer gave me a receipt. Also gave ME the entire V5 to fill in and send off! Within days I thought that there were issues with the car. I had filled in the V5...but did not send off. I figured at this point (perhaps somewhat misguided?) that if the dealer refused to carry out repair work to make the car right....I might stand a better chance of getting a refund and giving the car back if I told him he could have the V5 back - tipex my details - and so hence not record another owner on it - who then would look like he was selling it on within weeks of buying! I took the car back to dealer and complained saying he needed to put things right. Have since had it back to dealer with various different issues - multiple times. Work has been done - but are still issues. Dealer has just now had car again for a few days - and has just informed me that he is going to give me a full refund. I'm wondering about the V5 thing now. If I go in and tell him i never sent the V5 off - ask for my money back as he has said - and ensure V5 is tipexed and my details gone - is this ok? Any possible risks? Via DVLA or any other way? I have had the car insured in my name and taxed since buying it. Any recommendations on what to do? Sorry if this is foolish...just suddenly got concerned.
  8. Thanks!! I hope/think?! So letters of different types will just continue - but they won't actually do anything further.....no matter what? I understand that this means waiting on it until 6 years of no acknowledgement of debt / payments - so to 2018.......but I can likely convince her to sit tight if thats really the case? Is this similar / the same (sort of logic/situation-wise) as Private Parking Companies - and the "charge" notices they give you.....which are then followed by ever increasingly serious and threatening letters and demands, then from solicitors, then final demands, then last chance before court action.........then it stops.....forever??!? I've been through that a number of times - and realise there is truely nothing to worry about. If we are talking along the same lines here then that's very good to hear?!!
  9. "I would suggest writing to BCW simply stating that the alleged agreement does not comply with the terms of CCA 1974 and has been rejected and the account remains disputed and no further correspondence will be entered into. This is a deadlock situation imo." This made me think that we can send a letter - and then just sit tight until 2018, and then the alleged debt becomes statue barred? Given they will know this, do you think if we offered a very small sum as full and final settlement they would take it? (Girlfriend doesn't really understand the ins and outs of all of this - and just wants the letters to stop - so paying a small settlement to give her peace of mind and not have this "hanging there" in the background would probably be worth it.....if even an option??
  10. Last payment was April 2012. Balance was about £3000 when passed to HFO Services – 2nd May 2006. Over time girlfriend has paid off (to HFO Services) a total of about £600. So due to payments made it apparently isn’t statue barred…..and won’t be until 2018. So total remaining is about £2400.
  11. Hi again. Yes, I realise there can only be one default date. My stating of, "Defaulted January 2005 according to paperwork that came back with everything they sent after I sent a S.A.R to them…although it’s a bit confusing. Could be June 2005. Balance was about £3000 when passed to HFO Services – 2nd May 2006", above wasn't too clear, sorry. By this I meant that the paperwork recieved in response to S.A.R suggested Jan and June 2005. Probably just unclear though......Jan 2005 makes more sense - with the passing of the account to HFO in the May 2005 thus after the default was entered. You are correct though - this no longer appears on any of the CRA files! Please could you clarify what you meant by the below points: If any part of the 'reconstituted' agreement are not easily legible then they do not meet the requirements of a section 77/78 request made under CCA 1974. As to the CRA reporting this is I'm afraid correct, however a 'notice of correction/dispute can be placed on all CRA entries stating that this is a disputed unenforceable account. I would suggest writing to BCW simply stating that the alleged agreement does not comply with the terms of CCA 1974 and has been rejected and the account remains disputed and no further correspondence will be entered into. This is a deadlock situation imo. I think importantly: What is meant by " any part of the 'reconstituted' agreement are not easily legible"?? Am I right in thinking "notice of correction/dispute" won't matter here - as the debt isn't on any CRA records any longer? What would a letter to "BCW simply stating that the alleged agreement does not comply with the terms of CCA 1974 and has been rejected and the account remains disputed and no further correspondence will be entered into." look like roughly? Are there specifics which need to be inlcluded? What is meant by "This is a deadlock situation imo." ?? - I am sincerly hoping that this means that BW will know they cannot enforce the debt - but will continue with their letters to try to, until 2018 when the debt becomes statue barred?!
  12. Hello I realise I made this thread over a year ago for my girlfriend – but haven’t followed up in a long time. We got back information following S.A.R request, but everything just seemed so confusing and haven’t really gotten anywhere with anything. Summary is…. Barclaycard Debt: Defaulted January 2005 according to paperwork that came back with everything they sent after I sent a S.A.R to them…although it’s a bit confusing. Could be June 2005. Balance was about £3000 when passed to HFO Services – 2nd May 2006 Over time girlfriend has paid off (to HFO Services) a total of about £600. So due to payments made it isn’t statue barred…..and won’t be until 2018. (Last payment was April 2012. So total remaining is about £2400 Whichever of the 2x default dates is relevant – this debt is now beyond 6 years old and is not showing up on any credit reference agency files (have checked them all last month). A friend of ours who works in the industry rang up in April 2013 and a settlement was offered £700, to be paid by end April 2013. This wasn’t paid as girlfriend couldn’t get money together – and we have had no contact with anyone since. Girlfriend has though received demand letters since this time from BCW Group (Buchanan Clarke and Wells) who have apparently been instructed to recover the balance by HFO Capital. First two letters in July and August 2013 were for the full amount…..then most recent – in September was unprompted offering a settlement with 50% off – of about £1200. This is obviously still above the £700 settlement offered in April. My girlfriend is intending to get this settled and wants to just pay off a figure on it. She’s wanting our friend to ring up again and negotiate a settlement that she will now pay. I’m just wondering opinions on this….I’ve been trying to read around again and came across the below on another thread….a similar situation with Barclaycard Debt being taken on by HFO – and someone sending a S.A.R and getting the follwing back as part of it… Remember, you also received this in Dec 2011: They've sent a reconstituted copy of my original credit agreement - illegible, the T&C's from 03/00 - again, and a statement of account. What is most important it contains a letter from B/Card which clearly states that, " We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues" it goes on to say, " We can and will continue to take action short of enforcement, which includes reporting to credit reference agencies without telling them the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment" Well, B/Card/HFO do I care - NO!! ….my reason for mentioning this is that the info we got back from Barclays in Dec 2012 in response to the S.A.R we sent – and got the same thing back as part of the huge reem of info that we received!! Does this have any bearing on what we she should do here. She is tired of this hanging over her and wants the letters and worrying about it to stop.
  13. Images don't seem to be coming out clear/large enough - is there a better way than the "inset image" icon in the reply controls?
  14. First reponse recieved following any of the SAR and CCA requests we sent. From Barclays in response to SAR request. Pretty annoyed! I sent the standard template letter - along with added detail as per another template letter I found somewhere else on this site (just spelling out exactly what bits of info we wanted from them). They have replied with what looks like a template letter - referring to our request being in relation to a claim for the sale of PPI. I didn't mention this at all in my SAR letter to them! More annoyingly - they've stated that they've returned the £10 cheque.....but actually haven't returned it!! Scan of Barclays letter attached. What action now?
  15. Can the SAR and CCA requests be sent in the same envalope to Natwest and Provident? Given that my girlfriend also has an active current account and linked savings account with Natwest - is there any possible issue with sending these things to Natwest? The ultimate aim in all of this is to get her credit record clean - and to ascertain if there are any debts which need settleing - and to do so if so. Currently there seem to be things to consider regarding the old Barclaycard and now the newer Natwest credit card and this Provident Home Credit default.....whatever that is.
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