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    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
    • hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks   PCN final reminder.pdf pcn original side 2.pdf
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Credit Report - Help Understanding


kiri260180
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Was not quite sure if this is right place to post but here goes...

 

I recently got all my credit reports.

 

On one Call Credit I have an item on there from Vodafone which dates back to 17/07/2000.

 

On the report they are saying that I still owe them £90 and the account is in default - I really cant remember if this is true or not - I dont think that it is but I have done nothing about it yeat as I am not what the best course of action is.

 

There is no Account End date entered on the report so I cant ask Call Credit just to knock it off due to time.

 

The other funny thing is that they have a payment start date of March of this year!! - not heard a dicky bird from them so I dont how they are still able to keep this on my report by reporting to call crecit that they are still in contact with me??

 

Can anybody help as I am really not sure what to do. If they are keeping it open I could still have this on my report for another 6 years!! also though as I have not heard from them in over seven years surely this should not remain on report??

 

Please if anybody can help me with this pickle - I am all ears:D

 

I have just had a look again and they have also put that the default date was 11/05/2005 - never received anything as this would have gone to my parents address and they open all my post - I would definately have known about it believe me if I had received such a notice.

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My best advice is to CCA them you can get a template in the stickys letter n in the templates and letters libary.

 

you will need a £1.00 postal order which will cost an extra 45p and to send it buy recordeddelivery £1.04 or special delivery £4.10 up.

 

If you send a cheque get a family member to do u one.

 

DONT SIGN THE LETTERJUST USE THE digital signature guide in the stickys OR TYPE YOUR NAME.

 

then sit and wait. They have 12 WORKING days to respond if they dont they enter a defualt after a further 30 CALANDER days then the account is in offical dispute and they cant chase you for the money.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hello

 

Thank you everybody for replying.

 

If I SAR them - will this not be admitting that I have the debt with them - in which case make me liable to pay the £90?

 

The plot also thickens with this one - I have checked my other reports and on my equifax report they have entered in a £90 default but this default was applied in Jan 2002 - are they just issuing defaults willy nilly as I definately did not receive that default notice either.

 

Also is a company able to default you on two seperate occasions for the same debt?

 

I am just so confused now!!

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Okay - I will go down the SAR route first then.

 

Thank you for all your help - I may just to keep on the safe side - not do the SAR until Jan 08 - not long to go and that will then have been 6 years past since they registered the Equifax default - just in case it begins to go pear shaped.

 

Thank you everybody though - I will do just that in Jan 08

 

kiri260180

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Just on the back of this - if the last contact between me and Vodafone was 6 years ago can they chase me for the debt (not sure if I do owe it or not as I dont remember having outstanding money owing) but can they chase me for it - if it has remained the same for 6 years?

 

Or is the fact that they say they have contacted me (whether they have got through to me or not) is enough for the debt to remain open?

 

Any thoughts?

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My best advice is to CCA them you can get a template in the stickys letter n in the templates and letters libary.

 

you will need a £1.00 postal order which will cost an extra 45p and to send it buy recordeddelivery £1.04 or special delivery £4.10 up.

 

If you send a cheque get a family member to do u one.

 

DONT SIGN THE LETTERJUST USE THE digital signature guide in the stickys OR TYPE YOUR NAME.

 

then sit and wait. They have 12 WORKING days to respond if they dont they enter a defualt after a further 30 CALANDER days then the account is in offical dispute and they cant chase you for the money.

 

A debt to a mobile phone company would not be CCA regulated so S.A.R. is the best route. The default should be registered in a 'timely' manner so you may be able to dispute when it was entered.

 

Also useful link below relating to statute of limitations ( be careful you don't acknowledge the debt )

 

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

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Thank you for your comments - that it what I am scared of doing by mistake so that is why I am waiting until Jan 08 just to be on safe side - and then I will start disputing them - will post how I get on in the future.

 

kiri260180

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