New to CAG after finding a "new" entry on my credit record

[tecciegirl]

Hi All,

I've read a lot of the information on here but I'm still a little confused about where I stand or how to proceed.

Here's a hopefully concise version of my story...

Some years ago I was very silly with money, and I ended up with a couple of ccjs and some other debts that I spoke to the CAB about and worked out repayment plans for.

I have since cleared all of the ccj debts, and in fact just have the one outstanding debt which is currently being collected by those much loved darlings Blair, Oliver and Scott. It's so long ago that I can't actually remember who the original debt was owed to...

Anyway, I've been paying them an agreed amount (and by agreed, I mean that I worked out all of my expenditure as the CAB advised, and then told BOS what I could afford to pay them each month). BOS used to write to me once a year to check if my circumstances had changed and if I could afford to pay more, so I would work it all out again and tell them no! Obviously their letters (and previous threatening phone calls) weren't all that polite, so I wasn't in any great hurry to pay them back - had they been nice about it then I might have felt differently. They actually haven't written to me in over a year now, which does make me suspicious that they perhaps realise these kind of debts are unenforceable...

As I said I've been paying them, so everything is more or less OK.

I have since been able to get credit on other items, and haven't been naughty for years, so actually have quite a good credit rating these days - or so I thought.

The other week I tried to buy some new sofas on credit, but was told that the credit company had said no. I checked my credit record asap as I had my id stolen last year but thought that was all sorted...

Anyway, there is what I think is a new entry on my record, stating that I have not made any payments for over 6 months to a company called RCI Finance - the "loan" appears to have been taken out in 1996. I wrote to RCI Finance asking them what this debt was (as I'm assuming its the one I'm paying BOS for), but that was over two weeks ago and I have had no reply.

I wondered if RCI are even allowed to state on my credit record that I'm not paying when I am and have been for years?

I think BOS are quite possibly collecting the debt without a signed agreement, so, what I really need to know is what is the correct procedure (CCAs etc it's all a mystery to me), and can I still go through with it when the debt is that old?

 

Please help?

 

Many thanks,

Teccie Girl.

[Struggling_Simon]

Tex ;

 

Standard answer #1 You should send a CCA request to RFI Finance.

see the many other threads regarding your rights.

 

 

You could also S.A.R Subject Access Request to BOS.

[Guest louis wu]

You will find these links useful, and although they are quite long, you won't need to read them all to begin to get a good idea about CCA's

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt/74733-credit-agreement-application.html

 

Once you get a grip of the basics, you will be able to see where your problem fits into this area.

 

 

and can I still go through with it when the debt is that old?

 

As far as I'm concerned, if they are collecting the debt, they must produce a true copy of the CCA in order to continue

 

good luck, and happy reading

 

louis

 

 

PS. most people here will offer advice and try to back it up with examples/links etc to help you learn as well, so treat post 1 as a bit of a blip

[NailPost]

Unless RCI Finance cannot substantiate their comments on your credit file they should be told to remove it. If they fail to do so they can be sued for defamation.

 

You have written to them and asked for an explanation and two weeks is ample time for them to do that. Write again, send it by recorded delivery, and give them 7 days to respond or face the inevitable complaint to the Info Commissioner.

[tecciegirl]

Thankyou all!

I have composed my letter asking for a signed copy of the agreement to BOS and possibly RCI tonight. I say possibly for RCI as I checked online and they're not at that address now, or the company name has changed - it appears to be Nissan Finance now, so I'm a bit unclear about it.

 

I have asked for a Notice of Correction to be put on my credit record at experian in the meantime explaining that I am paying it and not as they suggest that it is not being paid at all!

 

I checked after one month of payments just to be sure that the balance was going down, and it isn't, so there's definitely something amis, unless, they're allowed to put the full amount that I originally owed on my credit record until such time as the DCA passes it back as paid..? But that seems a very funny way of doing things - still nothing would suprise me now!

[tecciegirl]

I sent the CCA request off to Blair Oliver and Scott as suggested, but despite this having been posted as Recorded Delivery on 30th January, Royal Mail are still unable to provide me with proof that this has been delivered! Apparently I have to wait until 18th Feb before the item is officially lost...

I will send a CCA request to RCI Finance tomorrow and hope I have better luck there...

In the meantime, my notice of correction has been agreed so far, and so my little note should be appearing on my credit record very soon stating that RCI Finance are not quite correct in stating that I am not paying.

 

[tecciegirl]

Well, I've sent both companies (RCI Finance who appear on my credit record, and Blair, Oliver and Scott who are collecting) a CCA request. I sent these on different days. It appears that by some fluke (or as I suspect, some bending of the rules by both recipients), that both these recorded items have gone missing in the post.

I'm not really sure who to proceed now, as I could keep sending the same thing over and over again and not getting anywhere.

Is there any advice on what to do if the items get lost/signatures are not provided as proof of delivery?

[Struggling_Simon]

Tex,

 

If you sent the items Recorded Delivery, but they did not arrive (lost in the post??) it's a matter for the Royal Mail to sort out.

 

I find it highly unlikely that 2 letters from the same person get lost.

 

 

On the off chance that these companies, ( BOS & RFI Finance) are not telling the whole truth (stranger things have been known) I'd check with the royal mail here - http://track.royalmail.com/portal/rm/track

 

You'll need the reference numbers, and that may yield the fact that the letters were delivered. You may be lucky and get a proof of delivery.

 

If not luck, send them again, this time special delivery.

[Struggling_Simon]

Oh and another thought - you sent Postal Orders right?? You can find out if these were cashed - if so you can find out who cashed them from Royal Mail as well

[N.P]

Well, I've sent both companies (RCI Finance who appear on my credit record, and Blair, Oliver and Scott who are collecting) a CCA request. I sent these on different days. It appears that by some fluke (or as I suspect, some bending of the rules by both recipients), that both these recorded items have gone missing in the post.

I'm not really sure who to proceed now, as I could keep sending the same thing over and over again and not getting anywhere.

Is there any advice on what to do if the items get lost/signatures are not provided as proof of delivery?

 

 

Hi tecciegirl,

 

Welcome to CAG, your in the best place for your problems.

 

Did you send your letters standard Recorded Delivery or Special Delivery?

 

If you send them standard Recorded Delivery then they are not necesarrily lost in the post. The problem is, these Companies receive so much mail that they are often delivered all together in a large sack, instead of each item being signed for indiviually. The delivery man has a sheet of letters contained in his sack and that sheet is signed for instead of each and every item.

 

Or course, this is a pain for those of us such as yourself who pay a little extra to Track & Trace, but that is how they are delivered most of the time.

 

If you keep hold of your Recorded Delivery receipt then that will be sufficient. If the case goes before a Judge, your letters will be deemed delivered two days after posting. But, only if you can prove you sent it.

 

I wouldn`t bother sending a CCA to everyone. You only need to send one to whoever is chasing you for the alleged debt. The DCA in question is obliged to contact the original creditor for the agreement.

 

In short, if you have sent a CCA to the DCA, and you have proof of postage, then doing nothing more then wait for a reply then add another post on your CAG thread.

 

I hope this helps, if so, please click my scales.

 

Regards

 

 

N.P

[tecciegirl]

Thanks for all the replies. I've been checking the track and trace online since sending both letters and both keep telling me to come back later. I rang Royal Mail about the first one and was told that it was lost but that if I filled in a form they could investigate further. I guess you're right, that it was delivered along with all the other letters, but I thought that was why I'd sent it recorded - so I received signed proof?

I'm interested to know how to check if the Postal Order was cashed - how do I do that?

Oh, and I cca'd them both because the one that alleges the debt (RCI Finance) have presumably handed it all over to BOS, which is who I am paying. I'm still astounded that this can appear on my credit record from RCI stating that I haven't paid a penny! However, I take on board what you say, in that as I'm actually paying and dealing with BOS, that hopefully they will contact RCI once I've proved they don't have the necessary documentation...

[N.P]

Hi again tecciegirl,

 

We also rang Royal Mail the first time our letters didn`t show up on the Royal Mail Trace & Trace site, they also said they`d probably have been lost in the post and that they`ll send us a complaint form out. However, when it came it was about 4 pages long, and to be honest, we couldn`t be bothered to fill it in.

 

But, we did receive a reply from both letters, yet the Trace & Trace still showed up as come Back Later.

 

That even happened when I used the Special Delivery once. So, now I just use standard Recorded or standard 1st Class and ask for a Postage Receipt. Like I say, as long as you have proof you have posted your letter a Judge will see it as delivered within 2 days days of posting.

 

Since you`ve CCA them, start counting the days and if they don`t show up with a valid CCA after 12 working days they are then in default and you can stop payments. After a further 30 calendar day they have commited a Criminal Offence and should then be reported to the appropriate authorities.

 

Of course once you stop payments, they`ll still hassle you but without the CCA the alleged debt is unenforcable in Law.

 

Hope this helps.

 

Regards

 

 

N.P