juanlanesra
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Everything posted by juanlanesra
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Good thinking, sounds like a good route to go down - they have emailed me screenshots of their systems but presumably an SAR will have something more formalised as a form of output.
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Hey Goodatresearch - the thread was started by a parent being pursued over a childs debt. I'm the actual borrower in this instance. Sorry for the confusion.
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ok thanks for the advice - Im usually very careful with details and what have you yet somehow they have got my mobile number! The record that the university had which I thought was of the return of the books was actually just a record of a fuss being made when I came in to protest that I had returned the books. Why they would keep such records baffles me. I've since had an email from ACT also, is this best ignored and wait to respond to the Notice of Issue from the Uni? p.s. Admins - I donated to the site but forgot to include my username! I cant email Bankfodder as his inbox is full! (no action required I just thought I'd let you know that the advice on this site is appreciated and valued!)
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Gone to a Credit Management Company - one of the more legit looking ones by the seems of things - ACT Credit Management Ltd. "this is your final opportunity to rectify the matter. We will allow 3 days for your response." It seems like a next step will be a notice of issue from the university. It amazes me that I can actually feel worried about this as I know I returned the books. However, I only have my word. The record they have on file is of me visiting the library upon receiving the first fine letter and remonstrating that I returned them. I'll take it to court but what's the basis of defending this.
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Cheers dx and citizenb - they will be ignored. @citizenb - 3 books! Although they've got a record of me returning them they cant find them and therefore they think the onus is on me to pay for them (yeah right!)
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URGENT: NON PAYMENT OF FEES Despite my previous communication, you have failed to contact me and the below balance still remains unpaid. Outstanding: £398.77 ‘221.97 COST OF BOOKS + 176.80 FINES’ Current balance outstanding: £398.77 Please will you telephone Finance Department on or before 19th June 2014 telephone number 01202 961228 and 961600 or e-mail [email protected] to arrange for a method of payment. Alternatively, you may make the above payment in person at Cash Office in Uni House; or, on-line by a card on below link: website You will need to input your student reference number and date of birth, so that, payment will be allocated to your account. Failure to contact the University on or before 19th June 2014 will result in your details being passed to an external collection agency which may affect your credit rating. Yours sincerely,
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Hi CitizenB, the library said this to me "we will instruct our collection agency who may affect your credit rating" and it was in writing via email.
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In a similar position myself. The library sent me a letter saying that the DCA could affect my credit file. Surely not?
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Hey dx100uk - I read the document but it only seemed to highlight that it would remain 6 years from the default dates as supplied by the lender to the CRA - but this seemed to be at any date of their choosing as long as they followed the process. Seems quite a grey area?
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Just an update - radio silence on this one since my last response (good 8 weeks at least) - last I heard was they were awaiting more information from the original credit provider (yeah, right!). The only issue I have with this now is the reported default date being much later than the last payment date. I obtained a different credit report recently and it's showing as 'reported until December 2014' - is there a process I can go through to get it removed from my file using the last payment date as the point at which the six years was counted from?
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Thanks for the response DX, I havent actually responded to these letters yet. It was a major phone contract retailer. There was a dispute which i stupidly only ever dealt with over the phone - was bounced around to no avail and ended up cancelling the DD. Credit file lists a default to Lowell, the default date is significantly later than the last payment date however (presumably the original contract end date). What is the situation with statute barred defences in these circumstances. Is it the last payment date to the original service provider? I havent acknowledged any debt or relationship with the original service provider to the DCA or Bryan Carter as yet. What is the likelihood that they could gather the information from the original credit provider - and if so, typically how long would this take them? Thanks for your time to respond.
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Update - they've sent me a letter saying my account is on hold whilst they await original statements from creditor. From months of trawling articles like this I believe now is the time to act on this. and if they can't do this in 12+2 days I can tell them to sling their hook - only problem is I cant find the articles that stated these laws etc so I can prepare my letter. Can anyone confirm this is in fact the case? Thanks
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I'd be keen to try and employ some sort of stalling tactics to take me into a period when I could play the statute barred card.. . I'd imagine they are approaching this from the same 'race against time' perspective though.
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Update: BC have responded confirming debt relates to original telco supplier and account number with them. Pretty much word for word below. It was assigned to Lowell "and you would have received notice of assignment at the time of assignment" - isnt that a bit presumptive of the solicitor!? the original creditors policy is to provide agreements to its customers at the point of contract and statements throughout. .. therefore youve already been provided with validation of the debt... Our client, who we're acting on behalf of believes this debt is lawful. We're acting in good faith and have been lawful and will defend any claims of harassment. Send your payment proposals by 13th March or collection activity will resume. ---- What should be my next play?
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Cheers CitizenB, in their correspondence they don't reference the phone provider as yet so I'd be joining the dots for them at this stage although I think that is a better way to go. How likely would they be to prove a sum is owed? I also saw an article about statute barred being from the last date you acknowledged any 'debt', can this be construed as the last payment date to the original creditor before the dispute when I was paying in full as was to be expected - as Ive not acknowledged the DCAs? This would mean it would be very close to becoming SB'ed (3 months).
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I don't believe I owe the debt as I was up to date with all payments until the dispute. Yet knowing that there was an agreement and that the dispute hasnt been resolved this far down the line (and the likelihood that in court I'll hear "why didnt you attempt to resolve it with the creditor" - even though they were less than helpful in resolving the issue with me to the point I gave up out of frustration). Essentially I'm thinking they can prove an agreement was in place and that I was complying with the terms of this agreement through the fact I was paying them - up until a dispute occurs and then I was billed for the entire 24 months remaining of the contract in full. Which is now against me as a debt I've defaulted on. Is it too late to address the dispute with the original creditor - won't they just refer me to the DCA? Could I exercise the Data protection act to see everything they hold and thus what the DCA is likely to present as a case? Sorry for sounding a bit panicked, I'm just thinking I'll send a prove it and they might be able to prove there was a relationship between myself and the phone provider.
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With it presumably being in the system, is it still the best case to let it get that far Would a full and final settlement in exchange for removal of default perhaps be better?
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Ok, thanks. I'll send the prove it letter and be sure to include your points. I'll update as and when I hear back. What paths can it take from this point?
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Thanks for your advice CitizenB They may well have updated the previous one from the phone contract supplier as a linked address is under the name of that supplier yet the default under Lowell's. I do not recall receiving a default notice from the original creditor yet I did have 2 address changes and would not have sought to update them. Over the last 5 years the DCA have sporadically sent me mail - mostly threatening letters, I couldnt distinguish whether they were notice's of assignment but when I googled the contents most of the advice was to ignore as they were being bullies and treading a thin line with their wording, bordering on the illegal. So I'll send the 'prove it letter' and amend to state that I've received no notice of assignment and that they are required to prove the debt is mine. Based on the other helpful advise I've seen on this forum - I'll send recorded to Bryan Carter and normal to Lowell & Fredrickson. Am I right in saying the next stage is to send a CCA request - dependent on them replying within the 16 days? Thanks,
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I was recommended here from posting/reading on MSE, thanks in advance for taking the time to read/comment. I've received a letter today (dated and postmarked 3.2.14) from them stating they have been instructed by Fredrickson International Ltd on behalf of Lowell Financial Limited to issue court proceedings on the 17th Feb. I don't want to panic but the words court and CCJ have got me flustered. I've noticed Lowell placed a default on my credit file which is in it's 5th year (default date Sep 2008) and they've got my month of birth incorrect, along with a linked address I've never heard of. It's marked up as 'account type: communications' and I believe relates to a phone contract. I'm aware of a relationship I had with a phone company that went sour over an upgrade and led to me stopping paying them yet I've never acknowledged the DCA's. The alleged debt is £900. Any help or advice on what my next steps should be/what to send would be greatly appreciated
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