Thank you both for the info. I had no idea other companies can’t see the late/missed payment markers or that water isn’t a priority debt! The thing is it says “arrears” on the credit file – I presume that will affect a credit search? Yes that’s right, there’s no D or registered default date regarding the July 2016 default – should there be? Their response mentioned a payment of £30 but we have no idea whether that was towards a debt or a bill. He has just emailed them a SAR as instructed so will wait for what they send which should clarify things. When you say they can't (now) include any debt outside of 6yrs from today, is this because of the backbilling rule? Thing is the last 3 bills they sent with their email are dated for the period they relate to, not the present date. Does backbilling still apply then? Many thanks, Gee

Hi Would appreciate some help with my partner’s Thames Water billing issue. They’ve reported many missed payments to his Equifax credit file and he wants to purchase a property next year so this data will affect his mortgage chances no doubt. He hasn’t received bills for many years. He hasn’t ever followed this up though! Feb 2002 - account began when he moved into his rented flat where he’s lived ever since. March 2017 - Feb 2019 - they’ve reported “missed payments” March 2019 - April 2019 - they’ve reported “no data” May 2019 - March 2020 - they’ve reported “on time” April 2020 – March 2021 - they’ve reported “missed payments” It says £287 in arrears. We made an email complaint to Customer Services asking for evidence to support the data but their reply was useless so we escalated the issue to the CEO. The CEO’s office has arranged a credit (didn’t say how much) for Customer Services’ failure to help. They also: provided last 3 bills back to Dec 2019 told him to do a SAR for bills prior to this said they sent bills to his address and because no payment was received they reported following data to Equifax Sept. 2015 - Feb. 2019 - missed payments Feb. 2020 - Feb 2021 - missed payments July 2016 - default said a payment of £30 was made in Nov 2009 (which he doesn’t remember) the current balance is £338.50 that previous balances owed have been archived but could be re-applied to the account in the future. The last line has thrown us – why would they archive balances? And reapply them at a later date? Also, their missed payment information covers more months than those they’ve reported to Equifax and there’s no default on Equifax either. We wanted to try and appeal to their good nature and ask for the Equifax missed payment markers to be removed because he didn’t receive the bills. He would pay off the outstanding balance in one go and set up a DD for future payments as well as change to online billing. And not take the credit they’ve offered for Customer Services’ poor response. I know it’s a big ask to get them to remove the markers but is it worth a try to ask and if so, is there a way to ask which would be more successful? Also, could his request draw their attention to the discrepancy with the Equifax markers and theirs? This could lead them to update Equifax with all the missing months and the default which would not be good! Also, they may reapply the archived balance? Any help would be most appreciated. Many thanks, Gee

Thank you for that! Feel much better now!

I forgot about the above Letter of Claim as I was poorly for the last couple of weeks. I found it in my bedside drawer on Tuesday gone i.e. 23rd March! I sent it off yesterday i.e. 24th March via first class at the post office so I could obtain proof of postage. Only thing is I now realise that because I went to the post office at 5.30pm, it may have been outside last collection time so the letter may not have been collected by the postman yesterday and so it may not arrive with Kearns today. And today is the 30th day from the date of their letter which was 23rd Februay 2021. Kearns letter is confusing because it says "you only have 30 days from the date at the top of the letter to send back the reply form" but then says "if the business does not get your reply form within 30 days, it could you to court. Make sure you allow time for posting". I'm so annoyed at myself for this but could somebody please clarify if this could be a problem? Thank you

Many thanks!

Thank you..could you tell me what reason to put in box D please?

Sorry about the jpg file, have attached a pdf to this post. To answer your questions: I didn't make any payment at all I used the whole amount in April 2019 (I think... I thought it was sometime in 2018 but I've just looked at my credit report and see that the first missed payment was May 2019) I haven't moved address in the last 20 years! Never had any debt until 5 years ago Many thanks, Gee 4. Kearns Solicitors letter.pdf

Hello, I would appreciate some help with the following. I received a Letter of Claim from Kearns Solicitors on behalf of Link Financial Outsourcing Ltd this morning. I have attached the redacted cover letter. The debt relates to a Halifax Current Account arranged overdraft of £1,000. The £57.15 is made up of fees/charges. They closed the bank account when I didn't make payment and passed the debt on to Link on 15.10.2019 according to Kearn's letter. (I do not recall if this correct or not). I opened the current account on 24.10.2013 but got the overdraft a few years later, perhaps 2018. I made no payments towards the overdraft or fees/charges. I have visited the “CPR – Pre-Action Protocols” link on this website and noted all the valuable information for “overdrafts” there. I will certainly do as instructed. I’d be most grateful on what reason to put in box D. Many thanks, Gee

Thanks dx, they have actually sent a copy of the default notice surprisingly.. Very grateful for your help Gee

Many thanks for your informative responses. I'm going to pass the info on to her and I'm sure she'll be confident to just ignore them now. I note that they didn't provide the Notice of Assignment that she requested in the Letter of Claim - does this matter at all? I'm just asking as I'm curious and it could be another factor against them should anything happen further down the line! Gee

I have attached the CCA (redacted) that Robbers Way sent! Barclaycard’s cover letter which accompanies it says: “Enclosed is a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement.” Also, the CCA only states her first initial and surname where her name is stated – I don’t know if this matters or not? Rightly predicted that there's no sight of a signature. Does this CCA not have legal standing then? My friend is still worried, she says that HC are "proper" solicitors or at least their parent company is apparently?? She fears they'll take it to court if she doesn't pay because HC wrote to her previously with the Letter of Claim. Best I can do is advise her based on your advice though - the rest is up to her. Barclaycard CCA.pdf

Oh my goodness, that's really thrown me - I had no idea of the difference between the two! Thank you for your prompt response and for clarifying. I will tell her to ignore then! Gee

Hi all, I have a query on behalf of a friend. She had a Barclaycard: Account opened 02.12.2015 Last payment 30.06.2016 Account Default 24.02.2017 Balance £1556.00 She began receiving letters from Robinson Way which she ignored. She then received a Letter of Claim from Howard Co & Solicitors on behalf of Hoist Finance on 12.09.2019. As per advice given on this forum, she filled out a Reply Form (taken from this forum, not their one) and sent it back to them along with a CCA request. She did not hear anything back from any of the above firms until the other day on 28.08.2020. This letter was from Robinson Way and spoke about setting up a repayment plan. She emailed Robinson Way with a complaint essentially saying that because they hadn’t complied with her requests, the debt was unenforceable. The next day Robinson Way emailed her back with an email saying they had sent her copies of the original agreement, copy of terms and conditions, charge off statements and default notice issued by Barclaycard but they had been unable to provide and send them until 11 June 2020, as they had to wait for Barclaycard. She did not receive the documents they apparently sent in June 2020 but they emailed them to her in their email response the other day. It says that the credit agreement is a reconstituted copy. Could I please get some advice for her with regards to what she should do next? It is a bit confusing/concerning because Howard Co & Solicitors sent the Letter of Claim, so what does this mean for the situation? Many thanks

Thank you for all the help and advice - will let him know what to do

Many thanks for your prompt response when did he last pay monument anything? He has no idea at all a DCA can't register a default so the default would have been registered by monument upon sale of the debt or before The credit report only shows Arrow as a defaulted account, no mention of Monument. Could Arrow have changed it to their name or if not, does this mean the date of default is before the date that the credit report shows under the Monument account which is 01/12/2015? does he recognise ANY of these debts? He has vague recollections of the accounts and also mentioned being on a DMP of some kind some years back which may mean he paid towards the debts? But he cannot remember! However only the Monument one is on his credit reports. to answer your last bit cashing he cheque is not admittance to ANYTHING Very good, he’s really happy to hear that! However, should he need to take the issue to the FOS for whatever reason, will claiming the cheque affect his complaint with the FOS? if the credit taken out resulting in these debts has not been used/paid by him in 6yrs the debt(s) are statute barred and notging can unbar them, not even a judge. I had no idea about the judge not being able to unbar them - wow! more info on the monument debt please? He cannot remember anything, however: Experian = Last updated 26/06/2016 with Balance £797.00 26/05/2016 with Balance £807.00 (perhaps he made a payment via the DMP in 05/2016 resulting in the lower balance the following month) Equifax = Last updated 15/06/2016 with Balance £797.00 and no other data TransUnion = Last updated 21/08/2020 with Balance £807.00 and D for Defaulted since 05/2016 All quite confusing Many thanks again