Debts over 6 yes - Defaulted CRA

[oknowihope]

Hi there

 

I have posted on another place but this might be the place to get the correct answers i hope.

 

I had a lot of problems in 1998 after a breakdown and been off work for over a year ( wish i knew about a site like this then ). Anyway I got advise from my local council who helped me through that period setting up repayment plans with all my creditors. The years past and in 2006 I received a letter from Cabot ( although at the time it had nothing on the letter saying it was them just a telephone number to ring ) I spoke to them and they said it was for an outstanding debt to Barclaycard and I needed to arrange to pay it. I immediately ended the conversation and the next day spoke to the debt councellor at the council who told me to speak to them again and tell them mity was staue barred because it was seven years since i last heard about the debt. These people were horrible to talk to and very aggressive in their telephone cconversations. Basically I told them to take a run and jump ( but in more words than that ) Having been hounded for the first couple of years after 50k being chased I knew not to speak or give numbers or anything. I did send them a letter in my own words telling them that the debt was statue barred and I have heard nothing since.

My life is much better now and I am going along nicely until I check my credit report and I have a default from Cabot in 2005 on my record with Equifax, I have one on Experian which has been added this week but is dated 2005. I have not checked Call Credit but I expect it is there.

 

My question which no-one has been able to answer yet is,

 

Can these people place a default on an account that was Statute Barred. That I have never had an account with or made any agreement to pay any amount of money. All my other credit history is clear now and I will get hit again for another six years on something I have laready taken six years to get off.

 

After digging a bit more on equifax I find that searches have been done in July from in one box associate and the other box is Barclaycard / BhS so I presume these people now know my credit rating was excellent these days and are out to sting me.

 

I am ready for a fight but need to know where I stand to deal with it.

 

This I feel is totally moraly wrong to knock people down forever and now I have found this site I will not only deal with this but will start to help others who find themselves in the situation i was 10 years ago and that was totally devastated!! And I owed over 50k and got through to fight another day.

[tinkerbell20]

Hi there

 

I have posted on another place but this might be the place to get the correct answers i hope.

 

I had a lot of problems in 1998 after a breakdown and been off work for over a year ( wish i knew about a site like this then ). Anyway I got advise from my local council who helped me through that period setting up repayment plans with all my creditors. The years past and in 2006 I received a letter from Cabot ( although at the time it had nothing on the letter saying it was them just a telephone number to ring ) I spoke to them and they said it was for an outstanding debt to Barclaycard and I needed to arrange to pay it. I immediately ended the conversation and the next day spoke to the debt councellor at the council who told me to speak to them again and tell them mity was staue barred because it was seven years since i last heard about the debt. These people were horrible to talk to and very aggressive in their telephone cconversations. Basically I told them to take a run and jump ( but in more words than that ) Having been hounded for the first couple of years after 50k being chased I knew not to speak or give numbers or anything. I did send them a letter in my own words telling them that the debt was statue barred and I have heard nothing since.

My life is much better now and I am going along nicely until I check my credit report and I have a default from Cabot in 2005 on my record with Equifax, I have one on Experian which has been added this week but is dated 2005. I have not checked Call Credit but I expect it is there.

 

My question which no-one has been able to answer yet is,

 

Can these people place a default on an account that was Statute Barred. That I have never had an account with or made any agreement to pay any amount of money. All my other credit history is clear now and I will get hit again for another six years on something I have laready taken six years to get off.

 

After digging a bit more on equifax I find that searches have been done in July from in one box associate and the other box is Barclaycard / BhS so I presume these people now know my credit rating was excellent these days and are out to sting me.

 

I am ready for a fight but need to know where I stand to deal with it.

 

This I feel is totally moraly wrong to knock people down forever and now I have found this site I will not only deal with this but will start to help others who find themselves in the situation i was 10 years ago and that was totally devastated!! And I owed over 50k and got through to fight another day.

 

Send a letter giving them 14 days to remove data. Then send a 7 day letter then issue a claim for removal of data under s.10 Data protection Act. Damages come under Khaporov v Woolwichbuilding society = £1,000 plus value of default.

[The GodMother]

no they cant add a deafult after it is SB. I would do what Tinkerbell advises.

[oknowihope]

Thanks for the reply

 

Shall I just ask for the data to be removed in the letter? Do have have to mention anything specific. When you say about the 7 day letter is this after the 14 day one has lapsed? Thanks

[tinkerbell20]

Thanks for the reply

 

Shall I just ask for the data to be removed in the letter? Do have have to mention anything specific. When you say about the 7 day letter is this after the 14 day one has lapsed? Thanks

 

 

If you go on to the Data protection forum you should find a template letter you can adapt. Its S.10 Data Protection Act 1998.

 

Yes the 7 day letter goes after the 14 day one (allowing 2 days for service by poat at each stage).

[palomino]

Yes the 7 day letter goes after the 14 day one (allowing 2 days for service by poat boat? goat? at each stage).

 

You're kidding ...