EXPERIAN... The final battle commences

[finlander]

good...its a petition.... meant to be

[Allwood]

Hi finlander you mentioned six years but DCA are chasing old debts as old as 10 years. Do Banks and other lending institutions keeps old agreement older than six years and if so what reason would they do that because it must take up storage space and money.

 

Are they allowed by law to keep old paper work over six years if it is not applicable for them to do so.

[finlander]

Surely 10 years is statute barred?.... check with a mod but I'm pretty sure that they can't go after you for that and certainly can't register it:eek:

[babybear39]

6 years (5 in Scotland) if no contact made ie. written confirmation or payment made = statute barred.

[andrew1]

The head of a rather large DCA once told me " Statute Barred means the debt cannot be enforced through the courts - if a debt is owed then anyone is entitled to ask you to repay it, just because it cannot be enforced through the court does not mean we cannot 'ask' for it " ( some nicer than others)

 

So that's why they do it - they ask...some might feel a moral obligation because they knew they had the money and actually repay it to the dca. Can't blame them for trying I guess, but members of this happy site know the remedy though. The profits gained by these people on just a few people agreeing to repay is enough to keep them in wine and a good living.

 

Sarah

[babybear39]

Yes Sarah, but as we on here know, once the DCA or whoever is chasing has been informed that a debt is stat barred and that the account will not be paid, it's against OFT guidlines to request payment It's probably against CPUTR 2008 as well but I've not looked into that yet...Oops

[Allwood]

Six years does that mean that banks and dca can retain documents that is over 10 years old and if so what is the purpose of it. Is it for DCA to harassment people for money that they have no legal right to do so. If they have the correct paperwork then why not send it out at the beginning before they start to send out are begging letter and then threats to take court action, telling lies as if they could take court action they would do swiftly as they would have a legal right to do so. 'No' DCA's would rather harass people with they continuing games and constant phoning people these people should be stopped and soon before more people commit suicide.

[babybear39]

Allwood, as far as I'm aware they have a legal obligation to keep documents for at least 6 years. I'm not aware of any timescale after that which they have to dispose of them though...

[finlander]

ALLWOOD,

 

You could always ask them for the £10000 you think they might owe you but you can't remember why exactly. It's just as much legally unenforcable, unprovable etc but they think it's ok so why can't you. In fact lets make it a nice round £1000000. while they are scratching their heads trying to figure out what your on about tell them to get lost ......

[finlander]

seriously tho allwood... these peole rely on the oxygen of verbal communication. It gives them a chance to brow beat you and act big. If they call answer the phone and as soon as it is apparent its a DCA just put it down.

keep the letters they send as future evidence but ignore any threats as the useless flatulance they are. Keep an eye on your credit file just in case they try it on with a default. but don't let them get you down. Its all hot air and rubbish.

 

AND DONT ACKNOWLEDGE ANY DEBT.

[sosumi]

Don't want to distract your thread Finlander, but this article's worth taking a look:

Post 1173 CAG CRA SAR...

Information's 'big money' Allwood - makes my blood boil!

BUT things must change.

No more suicides caused by unscrupulous DCAs, fuelled by... ??:mad:

[finlander]

SOSUMI,

 

I agree they do have power and unfortunately access to all the info they need. And thats great for them and the labour party. For all care they can sit in the office and have information fights by throwing pieces of paper at each other all day. However the moment they publish it that becomes a different matter........ Its the law then.. and the defamation act is powerful....... I think we need the OFT involved as well... I have started a thread here..

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-attn-moderator-please.html

 

go and have a look and put your comments down to see if we can get CAG to officially back this and sticky it on the front page....

 

We can stop this if we just stand together and get on with it.......

[sosumi]

Great stuff Finlander!

[finlander]

Now if Experian had just removed these defaults... I would have gone away.. but Millsy (good old Millsy) has p*ss*d me off a bit so Im in it for the longterm now.........

[thecteam]

Now if Experian had just removed these defaults... I would have gone away.. but Millsy (good old Millsy) has p*ss*d me off a bit so Im in it for the longterm now.........

 

your not the only one. will stand with you all the way on this one.

 

had enough of getting refused for things i messed up in the past. i couldn't helped it getting laid off i didn't ask for it. not 2 days before xmas.

 

i agree why don't CAG help us by putting up a sticky, whos it going to hurt.

[Allwood]

ALLWOOD,

 

You could always ask them for the £10000 you think they might owe you but you can't remember why exactly. It's just as much legally unenforcable, unprovable etc but they think it's ok so why can't you. In fact lets make it a nice round £1000000. while they are scratching their heads trying to figure out what your on about tell them to get lost ......

 

your post made me laugh finlander, I might just send some thing like you said to the DCA's that have been trying to extract money from me without any authority whatsoever.

[davefirewalker]

Subbing......with interest, will read it thoroughly

 

Dave

[finlander]

Im off folks...work finished home time... will be back tomorrow for some updates... who knows perhaps Millsy(good ole Millsy) will have written to me by then and we can move onto the next stage in the plan......

 

sweet dreams.......

[TideTurner]

Call me thick, lazy or short of time, but can anybody give a step by step guide to clearing / improving your credit history? Any links to template letters would be appreciated. Many thanks in advance, Tide

[Sparkie1723]

This is part of my next letter to all CRA's this is something that I believe will cause them to spit their morning coffe buns all over the office.

sparkie

 

I also do not and will not accept the statement made by CRA’s that they cannot remove any data without the consent of the supplier and will make strong representations to this fact in any court proceedings should they be necessary. Which again I state I will take if also necessary.

If this was true then a CRA could not remove/suppress any data from any individuals credit file as you say you will do if you receive no confirmation from any supplier (verification) to support the data they have supplied.

Even if you do not receive that confirmation according to the statement “you cannot remove it without their specific consent.” You cannot remove it ......(or soyou say) because they have not given you the consent required for you to remove it.

 

If you can and do remove it this confirms that fact that all CRA’s can remove data without the consent of the supplier at any time they desire.

 

 

Therefore the statement that is made contrary to this ............is a misrepresentative statement under the Misrepresentation Act 1967., under which a statement is either.... true or false ....there are no such things as half truths .

Edited July 28, 2008 by Sparkie1723

[finlander]

Anyone who hasn't seen this thread

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

 

please have a look and see if you can give any ideas....

[thecteam]

Hey Finlander.

 

Callcredit have removed the barclays default notice from my credit file. now to go and get them on the cabot one for the same debt. and the hillesden one that has been removed by hillesden.

as Hillesden dont own the debt they can't mark the credit file if im right on this. it has to be the original creditor correct. got them, on this one to. barclays have closed the account and accepted to not chase the debt. due to bank charges that amount to the same amount.

 

the debt was never sold. Hillesden only had the notice off assignment. but that was a fake.

[zosaphine]

Hi

 

I'm subscribing to this thread with great interest, as upon checking my credit file again today (last checked in march) Orange have logged it as updated in June, but the balance they are reporting is incorrect. i have evidence of all the standing orders made to them each month, and the balance they recorded doesn't reflect these payments!!

 

1) Anyone challenged a phone company & got them to update your file/remove a marker of your account being in default?

 

2) Are mobile phone companies even regulated by the CCA?

3) If not, can they record info on your creditworthiness?

4) What happens if they terminate the agreement? Do they terminate my permission to share data with 3rd parties at the same time?

 

Sorry to hijack Finlander.... am really backing you on this one

Edited July 28, 2008 by zosaphine
edited due to my rubbish spelling!

[knoxvillain]

Best to start your own thread if you haven't already. however, I managed to get Vodafone to remove a default with one letter. It depends how much the default is for. I basically sent them a very polite letter explaining it was a simple mistake and that default for such a small amount would have a HUGE affect on my credit worthiness and would they please consider removing it. 7 days later it was gone as a "good will guesture".

 

I believe Mobile companies are NOT regualted by CCA1974. Yes then can record info with the CRAs because you gave them permission when you signed your contract. On point 4, it appears to be a complex area but ICO's take on it seems to be that consent is only one aspect of sharing data with the CRAs. I don't believe trying to withdraw your consent would be effective but I suppose nothing ventured, nothing gained.

 

It should be noted that mobile companies are notoriously difficult to deal with. I would HIGHLY recommend trying the softly softly touch first ("pretty please remove the default Mr Orange, it was a big mistake on my part, I'm very sorry"). If you go straight in with the heavy handed approach (CCA, DPA etc) they'll probably just tell you to go away and you've already burned your bridge.

 

Hope this helps. If you need more help, send me a link to your thread when you've created it.

[finlander]

Well.... Im feeling quite unloved now...Millsy (good ole Millsy) hasn't written back yet........... bored... waiting is dull.....who can I annoy as I wait..... I know...... AA Car loans... we are about to pay ours off and I'm sure they charged us a late payment fee once....... will take it out on them