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    • you cant reset anything by sending an sar   BCW are solicitors, who are their clients?   dx
    • the dca is BCW - i haven't heard from them since early 2015,   they wrote offering discounts etc, which seemed a strange approach straight off the bat  - this was when i told them i didn't acknowledge the debt, it was long-since time-barred, that i didn't believe that they had an enforceable agreement and they could either issue proceedings or bugger off.  I haven't heard a word since, via email or post, and assumed that my position had been accepted.   I check Experian and Equifax every month, and was advised to check TransUnion for completeness, which is where it shows.   If i make an SAR, is this likely to wake them up, or serve as an acknowledgment, or should I just wait until the end of the year when it would, i assume, drop off in any case?
    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
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vengeancedemon

DCA's and actual prosecutions

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We are all aware of the various acts and legislations that we quote to dca's who P*** us off, ie Harassement 1997, Admin of Justice section 40, but has anyone actually processed a case against the dark forces and had any result?

 

I ask purely for info as a A) dealing with these people b) for my sins, a JP

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Most cases are not dealt with via private prosecutions as it is generally the regulatory authorities who fine these companies or are in a position to take action against them. However there have been some highly publicised out of court settlements by the banks regarding their alledged harassment of debtors.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Many thanks, I remember those, I wonder if though, anyone has a personal prosecution actually taken seriously and processed?

I sometimes think that there are several criminal offences that are committed in addition to the "usual", ie Assault ( doesnt have to be actual!) Fraud, etc etc

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It was encouraging to read a post the other day, cant remember exactly what, that someone had complained to Surrey Police re Harassement under section 1/2 of the 1997 Act and the Police actually visted the DCA and warned the individual of his action, we see reports here of the Police and Stat authorities not being so aware of the law as they might be, so this was a breath of fresh air

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mmmmmmmmmmmm interesting thread I at the moment am gathering information against a certain DCA and the illegal tactics they use to collect monies, would be interesting to see whether I can indeed get a prosecution

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There are plans afoot regarding a certain Preston DCA. However not too much more can be said at the moment...........trolls are about!!

 

Also on another note, HMRC are conducting various investigations into certain DCAs. Again as I am involved with this, not too much can be said, but rest assured, things are happening...............:)

 

Spotnot


Spotnot v MBNA and their nasty solicitors (on behalf of my friend)

 

If I have helped in any way, click my scales.

 

Remember, we were all newbies once!!

 

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We shall watch for further developments on these with great interest;)

Do keep us posted as and when you can

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will do just have to be careful as spotnot says trolls

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