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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

maggie60

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Everything posted by maggie60

  1. maggie60
    So, just to clarify, a summons could be taken out long after the default on file disappeared, but not once it is SB?
  2. maggie60
    Thanks EB,like Ford I thought personal searches awoke sleeping dogs and the amount I have done during the free trial would wake the dead.
  3. maggie60
    May thanks, in my husband's case we won't prod them until it actually expires in a few months.
  4. maggie60
    They can't amend the date. They will know the default date, as it will be given to them. If they change the date, that is against the data protection act, as well as possibly breaking other laws. Just looked at my husband's CR with Equifax and he has a listing for a bank showing the default date and a £0 balance - open the entry and you can see the original amount. The same debt is entered by a DCA for the same amount as the bank's original sum and they have added 25 days on to the default date.
  5. maggie60
    Thanks UncleBulgaria, I have taken a pdf of the latest report, but not the first one, clearly showing the default date as two months from the last payment. Does the history feature allow you to search debts in the process of transfer, i.e. not showing?
  6. maggie60
    It is confusing. as the last payment would normally precede the default notice.
  7. maggie60
    My husband had an HSBC credit card and the last payment to them was on 10 May 2010. He received a default notice dated 10 July 2010 according to his credit file, so this is due to drop off in 77 days time. However, he did make a number of small payments to HSBC Recoveries up until May 2011. So my question is will this become statutory barred when the default notice expires or two months after the last payment? It is coming up to the point of selling the debt on. Many thanks for any help.
  8. maggie60
    That would seem to make most sense. If the new owner does adjust the date (can they really do this?) who do I contact, the CRA or DCA? If the latter isn't that acknowledging the debt and kicking off another six years?
  9. maggie60
    Hi, I recently took out a 30-day free trial on Experian's credit expert. When I first checked 14 days ago I had around 4 defaults totalling around 27k all expiring by next January. The newest one was due to expire in February, based on default date plus six years. However, this one has now disappeared and the total outstanding has now dropped by 12k. This is for a Barclaycard debt. Is this a temporary malfunction with CreditExpert and it will be back tomorrow? It will probably still be lurking over on Equifax.
  10. maggie60
    On our credit file all ours debts except Mint (default expires in 2 weeks) are with DCAs. The Mint ones default date is around 6 weeks after the last payment while the DCA-owned debts are 4 to 5 months after the last payments. Is the default date on file submitted by the current owner of the debt and does it have to be qualified by them, or it is taken from the OC's default?
  11. maggie60
    A S77-79 request is a powerful tool and providing you can evidence that a request was sent and received , one should be all that is needed. Fletch, someone yesterday was under the impression we were repeatedly sending off CCA requests to the same clowns for the same debts. All the requests were related to different debts. Aside from that misunderstanding, thank you for your clear and helpful explanations. I had already decided to send a CCA request and your post confirms this as the best course of action. Many thanks, Sara
  12. maggie60
    As I said "OH received a summons from them last year, sent a CCA Request and they replied they were out of time." Different debt, different debtor!!!!
  13. maggie60
    Gullible? Moi? 5 CCA requests to five DIFFERENT creditors - not the same one. DOH!!!! Enjoyed the car analogy, but I KNOW they're ligitious!!! OH received a summons from them last year, sent a CCA request and they replied they were out of time.
  14. maggie60
    DX, I will PM you this evening with scanned letter. Have to earn some money now. Thanks, Sara Hi NoneProvided, yours is a very similar case - just finished reading it. Like you I have ones that with drop off this year and preparing for an onslaught of correspondence before then. This one had a chequered payment history. In 2010, I made a payments on the 10th of every month until May then nothing until 17th August. They did not default this until January and this is the newest default on my file. Just two quick questions. 1. We have made 5 CCA requests over the last eight years - three directly to the OC and got the CCA, but the two to DCAs who had purchased the debt returned nothing. One of these was the DCA in this thread. What are the chances of this happening again, or is it unusual for this to happen, would they buy a debt without the original CCA? 2. What is the legal situation if they cannot supply the CCA, don't they have to have a CCA in order to raise the summons?
  15. maggie60
    I had mistakenly and very optimistically believed that the six years ran until a judgement was made which would buy me a few more months. It makes complete sense that it would stop as soon as the summons was issued. The question of when the six years starts is really confusing. The Limitations Act says it starts from the cause of action. Some sources (including the CSA) say this is the last payment. The worst possible interpretation is the default date. In our case the difference between the two dates varies between 5 weeks and 5 months. This is the only creditor threatening action at the moment and I realise I need to bite the bullet and send them a CCA request or the letter Fletch suggested (now removed) and see what they can come up with. If they can prove everything it will be difficult to play ping pong with them for too long and I will need to negotiate with them. The debt will disappear from my credit file when the default expires in January, as will all of my other debts. Fletch - I thought the letter was very good, but it obviously contained something that warranted it's removal. Could you be kind enough to PM me a copy when you have time. Thanks, Sara
  16. maggie60
    As I have read in several articles the SB time starts when the last payment was made and a judgement can only be obtained if it is made within six years of that date. It makes more sense that the clock stops when the summons is first taken out - is that the case or when judgement is granted?
  17. maggie60
    As I have said, I am not prepared to disclose the DCA. Last payment - mid-Aug. 2010 Default date on credit file - mid-Jan. 2011
  18. maggie60
    Thanks Honeybee, luckily it's 85% dross, so will take the 15%. As article is not from the CSA site but a competitor site, can't really do the link, Quote from the CSA: The OFT have confirmed that the wording of this part of the CCP is inaccurate. The wording will be updated when the CCP as a whole is revised and we will be updated on timings in due course Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged* for six years.
  19. maggie60
    No problem. Can I paste the relevant part of the body text or does that cause a problem? Anything quoted can, I assume, be verified with the CSA. That said, I am sure Fletch can find it he wants to googling "DCAs Statute barred Regal Seagulls"
  20. maggie60
    Sorry Honeybee, I didn't see your post until I had reposted it. I guess you are going to remove it again. I thought it was because it mentioned Legal Seagulls - is it ok to send fletch a link as he was keen to see it?
  21. maggie60
    Fletch, I just tried posting the article but it's gone walkabouts. Not sure if it contains blocked content. I will try again and if it fails I will post the link.
  22. maggie60
    Noooo we can't DX That's not to say I don't appreciate your excellent advice. Now I need to find this article for Fletch and this pc isn't saving my history,
  23. maggie60
    Hi Fletch, letter states "potential legal action" rather than letter of claim or letter before action. It looks like a letter before I get a letter from the solicitor. I tend to agree with the previous post warning against poking around and would probably delay sending a CCA request until the summons was received. We have had far worse threats for larger amounts that came to nothing. I came across another forum where they had a printed letter to all DCAs from the body that controls them saying the date of SB starts from the LAST PAYMENT. This was to clear any ambiguities from those who tried to claim it started a month after the last payment or the default date which could be many months later and they left themselves open to severe consequences unless they adhered to this. It also stated that they were certainly allowed to continue to chase SB debts, but once they received a request from the debtor they MUST stop immediately.
  24. maggie60
    Thanks Ford, but I don't want to scan the letter, as even with the best editing DCAs know their formats and I don't want them to identify me.
  25. maggie60
    no it does not say will anything READ IT PROPERLY. Yes it does, I have the letter in front of me.

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