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Cabot halifax current account default in 2003!!

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Hi I am new to the forum and it has been a great tool so far with all of your advice:)

 

Can anyone please advise me on this...sorry if its long winded

 

I contacted cabot today as they performed an outstanding debt search on my account a few days ago and it is in relation to an account with halifax that defaulted in 2003....I questioned them as to why they are chasing me for this when it has fallen off my account and no ccj was in place and they say i made a payment in 2005..which i did not.

 

They asked for payment on the phone...i refused...but what should i do if they write to me now pursue this? and it re shows on my credit file!:mad:

 

At the time of the default I was left by my partner with all the bills and mortgage to pay as our marriage broke down...I made the choice to default on 3 credit cards and my halifax current account as money advice suggested this was the only was to stop the balance continuing to cripple me with late charges and interest...and concentrated on the debt i was falling into with my mortgage.

 

I have gradually managed to sort my debt and my credit file is slowly looking more promising (not that i want anymore debt but gettin rid of my squirrel card!!...stupid visa electron card would be nice)

 

so....i just dont know what my legal stance on this is.....whether they can still chase me for money if i have made no payment...do they need to provide proof of this supposed payment in 2005? ....and can i request they remove the credit search from my file as equifax are sayin it will have a detrimental impact on my rating:mad:

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Hi,

See the bits below in red

 

Hi I am new to the forum and it has been a great tool so far with all of your advice:)

 

Can anyone please advise me on this...sorry if its long winded

 

I contacted cabot today as they performed an outstanding debt search on my account a few days ago and it is in relation to an account with halifax that defaulted in 2003....I questioned them as to why they are chasing me for this when it has fallen off my account and no ccj was in place and they say i made a payment in 2005..which i did not.

 

Ask them to provide proof of when, where and by what means the payment was made. It's not unusual for a DCA to pay a token amount onto a debt to un-statute bar it

 

They asked for payment on the phone...i refused...but what should i do if they write to me now pursue this? and it re shows on my credit file!:mad:

 

If the default re-appears, sue them! You cannot be defaulted for the same debt twice

At the time of the default I was left by my partner with all the bills and mortgage to pay as our marriage broke down...I made the choice to default on 3 credit cards and my halifax current account as money advice suggested this was the only was to stop the balance continuing to cripple me with late charges and interest...and concentrated on the debt i was falling into with my mortgage.

 

I have gradually managed to sort my debt and my credit file is slowly looking more promising (not that i want anymore debt but gettin rid of my squirrel card!!...stupid visa electron card would be nice)

 

so....i just dont know what my legal stance on this is.....whether they can still chase me for money if i have made no payment...do they need to provide proof of this supposed payment in 2005? YES....and can i request they remove the credit search from my file as equifax are sayin it will have a detrimental impact on my rating:mad:

 

Send them this letter:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Edit it a bit to suit your needs

Don't bother speaking to them on the phone again

Don't sign anything, just print your name

Send recorded delivery

 

fox


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thanks so much for your reply Fox I will get that sent off straight away....

 

Would u be able to tell me if once it is sorted with them (ie they stop chasing me for the debt over six years etc) do i then have the power to ask them to remove the debt search from my credit file?

 

When i called equifax they told me that the search would have a negative impact on my file.

 

thanks in advance

 

L

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While I don't know that much about credit reporting, I would complain to both Cabot and Equifax.

Demand that Cabot remove the search and Equifax investigate.

 

Just for clarification, is the "alleged" debt a loan,credit card or overdraft?


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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if the debt is statute barred, they have no rights to impose an outstanding debt on your credit file

 

demand it be removed or a complaint will be made to the oft and ico

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Debt collectors tend to ignore simple requests but if their refusal is met with a legal claim for which they woul dthemn bcome liable for costs and damages they tend to sit up and take a bit more notice. Few ever get to court because they don't like it at all, not one little bit.

 

Going on the premis that you should always go for the deepest pocket you could include the credit refernece agency in any complaint and/or legal action. Their pressure on the Cabots and debt collectors of this world is considerable

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