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  1. Hi All, I received a letter today from 1st Credit regarding an outstanding debt from First Direct. The debt is for £2545.47, and they have made an offer, if i pay 5% (£127.28) before the end of the month, then they'll pay (write-off) the remaining 95%. Or pay 10% next month, or 15% the month after etc. A little background: This isn't the first letter I've had from 1st direct with this kind of offer, but it is the first one offering such a huge discount. The First Direct account is from somewhere around 2001/2002 time, and 1st Credit have been chasing it for years - I am unsure whether this is actually statue barred as I can't remember if I made any payments to First Direct all those years ago, but I do know I made a £50 payment to 1st Credit in 2009, so not sure if this restarted the SB timer or it was already SB before then. The original default however is not on my credit reports anymore. I usually just ignore these kinds of letters, and figure I may react either when a court order is made (unlikely) or when I actually have spare cash to deal with them off my own steam. I realize that this debt is probably unenforceable by First Credit,( although there is a slim possibility it may be if I'm really unlucky) due to the way they don't just go through the courts, and keep sending these kinds of offers every month, but there could be some peace of mind knowing that the debt was actually settled if I paid the 5%. So, since the 5% is a really good 'offer', and actually a sum I can afford at present, is it worth paying them, or should I just continue ignoring? Also, will they send me some kind of proof that this payment is full and final settlement, or do I just have their word that it's done and dusted? Oh, and one more question, by paying the 5% is there any possibility it could resurrect an entry on my credit file by entering a settled marker or something - my credit files are almost clean nowadays, so wouldn't want to jepordise all the hard work I've done over recent years in cleaning them up. Thanks in advance.
  2. SUCCESS! I received my transaction history the other day, which did indeed confirm no transactions in since 2002. I had also sent a stern email to cahoot at the time of my previous post challenging the default due to statute-barred etc, although did not receive any acknowledgement or response to the email. I have just checked my Equifax credit report and the Cahoot default has now disappeared! WOOHOO Just need to await my Experian file by post now, to confirm if it has also been removed from that file too. So, defaults can indeed be removed under certain circumstances - be persistent people!
  3. OK, quick update. I was getting a bit eager today to start following through with this, so I gave Cahoot a call. I know initiating contact isn't always advisable, but I really wanted to get the account number for my records and any information that might help me out. So I spoke to a really helpful young man, I explained politely I was wanting to track down information on an old account that had recently appeared as a default on my credit reports. It took me a while to get through the security details, as I couldn't remember all the answers I gave 10 years ago, but we got in in the end. Once in, he was able to give me the full account number, and also confirmed the date the account was closed, which coincided with the date the default was issued. I also queried if he could look into my transaction history and inparticular, the date a payment was last made into the account. All he could find was a payment of the balance on the date the account was closed (Sept 2010), which he indicated this might be Cahoot writing off the amount, but he didn't have access to find out any more details. He couldn't find any more transactions going back for 3 years, which was as far back as he could look, I'd have to call the collections dept when they were open to find out more information than that, and he provided the number for them. He also agreed to send me a full transaction history for the life of the account (free-of-charge), which would give me the information I needed, and should arive within 7 working days...great, this might save me the hassle of an SAR. I thanked him for being so helpful. So, I'm now going to await the transaction history to arrive, which should prove that the debt is statute-barred, and then I'm going to call the collections department, to question them about the default being applied to a statute barred debt, and ask them to remove it, or apply the correct date for when the account defaulted. If that fails, then I will be making my complaint to the ICO and FOS, armed with the fact (and piece of mind) the account is in fact statute barred, and that the default was applied many years too late (breaching Data Protection etc). Fingers crossed.
  4. OK this sounds like a good course of action, could you please provide any pointers about the letter to send to them, I obviously don't want to make any written acknowledgement of the debt (even at this late stage in the game) but I am very unhappy with this default, as I've been working hard at cleaning up my credit report in recent years, only to have this for another 6 years for a 10year old debt. Also, what should I be preparing court papers about. I will be making a complaint to the ICO after this letter, as this will be the proof I have contanced the lender and given them a chance to resolve the matter prior to making the complaint. Any advice is appreciated, I was wanting to start looking at my first mortgage later this year, so I'm quite keen to try and nip this in the bud.
  5. The complaints I made to the CRA's were through their online services, so i do have digital copies I can still supply to Cahoot if necesarry. (which reminds me I should really print hard copies of these ASAP) You mention I should mail Cahoot, marking it as an lba... what format should this take? I mean what action am I warning them I'm going to commence, and should I be requesting an SAR first to ensure I actually have some kind of evidence?
  6. OK, I made a complaint to both Experian AND Equifax asking them to remove the Cahoot default because the debt should have been statute-barred years before the date of the default, and that a default should be made at the time that the account defaulted. Both CRAs have now responded saying they have contacted Cahoot (Santander?) and they cant change the information without authorization from Cahoot, and that Cahoot has asked that I contact their collections department. Should I actually contact Cahoot? Since I believe this debt has been statute barred for at least 3 years, contacting them will obviously mean divulging my current address to them (do I actually have to tell them?) Also, I think i should now make a complaint to the ICO, however in their complaint form they ask that I should provide evidence of trying to settle the matter with the lender (Cahoot), and also any other supporting evidence of the account, the problem I have here is that I don't have ANY evidence, having moved from the address I had the Cahoot account at over 9 years ago and not notifying them of a change of address I've obviously received no letters from them, and have made no contact with them either. Can I still make a complaint without any evidence?
  7. Thanks for the advice so far. I'm going to make a complaint to the credit reference agencies (Equifax and Experian) in the hope of having the default removed (due to the fact the debt should have been statute-barred years before the date of the default). Is there any form of template for requesting credit reference agencies remove this kind of data, because I'm not finding a great deal of helpful information on the subject on their websites?
  8. Is it worth me trying Cahoot for an SAR, even though that would involve divulging my address to them which they've not had correct since 2001?
  9. Hi guys and girls, I'm looking for a little advice. Back in my student years (10 years ago) I was pretty bad with all kinds of credit, and in the years since I've attempted to clean up my act - I've paid off the majority of debts I had, although a few have fallen off the radar for various reasons. Anyway my credit reports were looking pretty clean, until recently I noticed a default from Cahoot for a current account I opened 10 years ago, went overdrawn on, and then moved house and forgot about/ignored till now. The details on my Experian report are as follows (a similar entry also appears on my Equifax report): ----------------------------------- CAHOOT CURRENT ACCOUNT Started 07/09/01 - Default £334 - Defaulted 05/09/10 Current Balance £274 Monthly payment £0 over 0 months - Status History 8 File updated for the period to 10/04/11 ----------------------------------- Now, back in 2001 I moved and never notified Cahoot of a change of address, and so I havent actually recieved anything from them in about 10 years. I dare say they could have sent any number of letters to the original address though, who knows. I'm a little upset with this default, because I've been working really hard in recent years to get my credit reports cleaned up, and this new default for an old debt has potentially set me back another 6 years - well, my reports were set to be free of any defaults in November 2011, which I was looking forward too. So, a few questions? 1.) Can Cahoot apply a default to my credit file after all this time? 2.) Shouldn't this debt actually be statute-barred? 3.) Is there any way to get the default removed (from both Experian and Equifax) because of 1) and 2)?
  10. So I've filled in my hard-copy of the N1 claim form (3 copies) ready to take to the courts first thing in the morning. I have a question though, I'm also filling out a EX160 from with the N1 to try to apply for exempsion/remission. I currently recieve CONTRIBUTIONS-BASED Job seekers allowance, and the EX160 states I can have exemption from fees if I recieve INCOME-BASED job seekers allowance. So, I cant apply for exemption then? just remission? Does anyone hare have experience of the EX160 based around CONTRIBUTIONS-BASED JSA? I need to try for the EX160, as I just dont have the £120 available to pursue the claim at the moment
  11. Many thanks for your time Priority One, I'll get those done tonight and posted first thing in the morning
  12. OK, I've found the SAR template, but could anyone please help with rewording it for a DCA, as I obviously have no account no for a DCA, and I dont want statements (do I?)etc. Also where do I find the template letter mentioned about telephone harrasment. I cant see it in the CAG library - or am I totally missing it?
  13. Sorry, didnt see the bottom of that post. Not having slept all night'll do that to you. Thank you for the re-itteration though.
  14. I must admit the debts are probably about 4 years old but cant remember exactly. And since then I moved house and admitedly tried to lose the debts, but alas they have caught up with me albeit now under 1st Credit. I was young and foolish at the time and new to credit, so had a few overdrafts and loans and never paid for them, oblivious to the difficulties it could/would put me in now. I was very worried this morning (still am), and also frustrated as I'd been awake all night in pain with toothache, so might not of been the politest recipient to a DCA demanding phonecall this morning. What are the SARs I keep reading about? and can they help?
  15. Hey, this is my first post here so I hope it is in the right place. I recieved a phonecall this morning from 1st Credit - collecting on behalf of First Direct. I owe them three hundred odd pounds and the guy on the phone this morning said that if I did not pay £60 today then they would take the matter to court, this is my last chance as I have defaulted before etc. He also made it known that 1st Credit are also collecting another debt for First Direct for £2100 and one for Vanquis for £375 which would also go to court, although I have not even known till today that these accounts were uhnder 1st Credit control. The thing is I dont have £60 until my benefits go in the bank on 15th Jan 2006, and even then I am £30 overdrawn at the minute, so that will come out first. I told 1st credit that there would be cash there on the 15th and they could happily take it then, but he said today or court. He said borrow it from your friends or family, to which I replied it was silly to try to borrow more money I cant afford to pay back, as that is why a DCA are handling my account at present - I think that piseed him off?! Anyway, I'm not sure exactly where to look for help on these forums, so I was wandering if someone could point me in the right direction. I have tried to browse myself and I keep seeing lots of posts mentioning SAR's, but what are SAR's and how can they help me? And where are 1st Credit getting my debts from? are they contacting everyone I owe money to and asking for my debts? can they just take on all my debts and demand money?
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