How do I proceed after Account in Dispute letter?

[nicknoks]

Sorry about the long delay but many many thanks to both Rory32 and Scabhunter on my previous post.

 

Can anybody help me how to proceed? I have sent a CCA and 'Account in Dispute' letter to 1st Credit and have not heard from them since (months). However, the debt still appears on my credit report! Can anybody tell me how I can move this forward now? Can I simply write to 1st Credit and ask them to remove the bad debt from my credit file considering they did not provide the agreement within the stated time?

[cerberusalert]

You could send this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/583-letter-to-request-the-halt-on-the-processing-of-your-data but it might start a whole new round of letters, 'phone calls from them chasing the alleged debt again.

[Bazooka Boo]

Can I simply write to 1st Credit and ask them to remove the bad debt from my credit file considering they did not provide the agreement within the stated time?

 

To be honest, as long as the alleged debt remains, then whoever is deemed responsible for collecting it, regardless of whether it is legally enforceable or not, is allowed to place a marker on your credit file stating to the effect that you owe a sum outstanding, so long as the debt is in fact yours to begin with, regardless of the enforceability of it, and it is within the limitation period of the initial default..

[nicknoks]

I've heard that I can take them to court in order to move forward! Does anybody know if this is the usual next step and if so how I go about it?

[kurvaface]

The problem with taking them to court is they might finally produce a CCA in their defence. I think the first question should be how do I find out for sure if there is a CCA or not?

 

Perhaps you should do a SAR first to get them to show their hand and then take things from there.

[Bazooka Boo]

If your credit file is important to you then you should ask them to remove it, or get in touch with the CRA and ask them if you can place a note on your file.

How old is the debt? After six years any entry on your file will drop off automatically anyway, paid or not!