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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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ben1305

GE Money and credit file

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Hi guys, was just after some advise.

I've had a 120k mortgage with GE money for the last 3yrs 6months (ish)

 

I lost my job around 2 yrs 6m ago and missed the mortgage payment.

I contacted GE and told them the situation, we contributed as much as possible towards the monthly repayments. After 3 months GE took us to court for repossesion. The judge ordered it be suspended and we pay the the mortgage plus £40 per month (had another job by this time).

 

We were happy with this but but informed GE that we couldnt make payments on the original date (24th) as didnt get paid til 30th.

They said it wasnt a problem as long as we kept up with the payment +£40.

5-6 months down the line they decide to start hassling us for more money, i informed them that we were abiding by the court order to which they replied that the order was broken the moment we told them we couldnt pay on the 24th.

 

at this point we learnt that GE were adding £40 charge EVERY month (plus interest) for us being in arrears. So i asked them how the hell we'd every pay of the arrears. They tasked if we'd ever considered remortgaging and gave us the name of another company.

 

Over the next few months they rang at least once a week tryin to get us to pay more and i explained that we couldnt afford to pay them anymore than we already were.

 

Next thing was the interest rate nosedived and we found ourselves in a much better financial position. We started paying £100 pm extra to clear the arrears of nearly 5.5k (3k of it was charges). we managed to keep paying more off every month but they kept on charging £40.

i asked them to stop charging us £40 every month and they said they couldn't. I asked if there was any way in which we could amicably resolve the issue to which they ALWAYS said no unless you remortgage with another company (which just happens to be friendly loans).

 

Anyway about 4 months ago we got a letter through saying we were eligible for capitalisation of our arrears. Which meant we could add the arrears to the existing loan, increase the monthly payment slightly and stop being charged £40 every month (i'm sure i'd asked GE more than once if there was anyway we could resolve the arrears about a year earlier)! GE also told me on the phone that they would remove all bad info from my credit file. They have NOT removed any info from my credit file. All they've done is mark the account as satisfactory as its no long in arrears.

 

Is there anything i can do to get GE money to remove all the bad info from my credit file?

Also is it possible to claim back any of the charges they made for us being in arrears?

 

 

Sorry its such a long post

 

Ben1305

Edited by ben1305
cos i'm dim and lost track of the things!!!

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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OK, there is no way of removing the fact that you fell into arrears from your credit file.

 

As for the charges, you would have known about them from the first time you fell into arrears

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OK, there is no way of removing the fact that you fell into arrears from your credit file.

 

As for the charges, you would have known about them from the first time you fell into arrears

 

 

What a sorry response if ever I read one.:mad:

 

 

Sorry ben1305 to hear about your situation. I hope someone will be along soon to advise you better.

 

Good luck and hopefully someone will give you some better advice than the otherside. Do not let that comment put you off from posting. Trust me there are loads of very very good caggers on here who will show a little more sympathy and compassion and not be so judgmental.:)

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Thanks frettful.

Do you think otherside could be one of them?????

It'll take more than that comment to put me off!


My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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Thanks frettful.

Do you think otherside could be one of them?????

It'll take more than that comment to put me off!

 

Not too sure of that been but reading his posts on this forum he is not very helpful, but that's just my personnel opinion. To others he could be the best thing that ever happened to CAG:D

 

Maybe you should send them a subject access request, that way you will know what exactly has been going on with your account which may be interesting.

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Here you go before you ask what a subject access request is;)

 

A subject access request which is an alternative to one being made for a charge reclaim. Geared more towards

debt collection...You should send a £10 postal order with each one and address it to the Data Controller at each company (send recorded or guaranteed) they have to respond in 40 days

 

 

 

Data Protection Act 1998

 

 

 

Subject Access Request

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement/s.

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

sign your name but put crosses through it so it can't be 'lifted'

 

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You think doing a SAR is the best way to start??


My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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I personnely that it is always good to have on of these as it is a full history of your records, and also you can see if they have added in any more charges without you knowing. It will be interesting to see what is in there, because alot of things don't tally up with what they say.

 

It is up to you if you want to send off for one, But I would if it was me as you would be able to see what is actually what. Don't worry I will bump up this thread and hopefully someone with better knowledge will be able to advise better.

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