Statute Barred Debt Acknowledged 1st Credit

[stefone]

Evening All

 

Just after some quick advice if available. Been going round and round in circles with DCA called 1st Credit. There were chasing for a 10 yr old deb with Lloyds where debt was purely consisting of bank charges after I left armed forces, inital overdraft was £1.17 pence over my £10 buffer zone. Equatted to over £3000 in total

 

As I am aware that debts based around unfair bank charges can be argued I acknowledged this debt to them as Statue BArred and after 4 letters and FOS and Harrasment Act correspondence they have fianlly acknowledged the fact apologised and said that all proceedings will stop (they did ask if I wanted to make a specail offer 10% moral settlement offer) lol

 

My question is this, during this time they ran numerous amounts of recorded credit enquiries against my name and address over last 5 years. Each of my addresses has a recorded and unrecorded enquiry against it. Can they do this? Have they a right to run full recorded credit searches against my name and address especially with enquiry recorded as Debt Collection Agency. Should these be removed. One thing that eluded me if even though chasing for 10yr old debt they were always releuctant and kept telling me that they couldn't send me any info. The funny thing is that now they have acknowledged Statue Barred they stated in their last correspondence that they sent me annual statement on 7th October which they were obliged to send under CCA 1974, funny bit is that I sent official complaint to them and FOS becuase they failed to supply me with any info I requested saying they did not hold any and could not supply it. My question is - how have you sent me an 'Annual' statement under CCA 1974 but when I asked for a copy they replied in their letter on 29th October saying they couldn't comply

 

So my question again, can I pursue with having this information removed from my credit file and I am right in that they could not record this especially when they acknowledged they hold no information so shouldn't be able to update my Data under DPA

 

Thanks in advance (Sory for speal)

[Pinky69]

I would make a complaint to the Information Commissioner that 1st Credit left traces of searches on your credit reports in connection with an alleged debt which they knew was Statute Barred and a request to the CRAs (Equifax, Experian and CallCredit) to remove all traces let on your credit reference reports by 1st Credit and the reason why. Send a copy of everything to the OFT who are currently monitoring 1st Credit closely in view of their questionable behaviours.

 

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

Cheshire SK9 5AF

[BankFodder]

Sorry to be pesimistic but a recent ruling on CCAs held that even though a debt might be legally unforceable, it did prevent collection activities occurring - including credit file entries.

 

It is very unsatisfactory.

By all means make the complaints suggested but be ready for disappointment.

 

Onthe other hand, you could think about claiming back charges from them. Charges are recoverable back to 1995. Have you calculated how much you actually did pay in charges over the period of your account?

[lickthewallfatboy]

British justice

 

don't ya just love it?

 

how can collection activity proceed on a statute barred debt?

 

makes a bit of a mockery on SB,doesn't it?You get a clear credit history,and some crock like worst crud decide to make a complete balls of it again,even after 6 years?How does that work?

[rameses_qc]

It's always been the case that you can attempt to collect a statute barred debt. The debt still exists, it's just that it cannot be formally enforced.I do agree though, what's the point of it all? Of course, they should NOT put it on your credit file. It should have been put on when it was first defaulted, and they can't add it a second time

[mr.ton]

Ive always been of the impression that credit files/ratings are not worth the paper they are printed on anyway.

It took years for the myth that debt collection companies had powers over people to be shattered.

This is yet another myth that has some way to go before being fully shattered as well

[lickthewallfatboy]

fully agree

 

I think the human rights angle is one that has not been fully examined as a means of bringing these seemingly impervious to regulation organisations to boot

[stefone]

Hi

 

Thanks for replies, thing is with this debt, as was told I couldn't proceed for Bank charge refund as it is over 9 years old and lloyds even defaulted me for it but that has long since come off my credit file. Then these muppets decide to chase it again and mark my credit file with dirty grubby finger prints of debt collection agency credit searches all over it. The main issue I had was that I was going for new lease at the time and the prosepctive landlord refused my lease on the grounds of this credit mark, other than that no problems whatso ever.

 

The debt was based on overdrawn account at LLoyds for over £6000 this was made purely of bank charges which was found o have been left at £1.17 overdrawn initally. I left army and never thought anything of it as stopped using account just presumed it would be closed automatically after not using it over time much to my evail that started to charge me on the £1.17 and it grew to a vast sum. I do not have any bank charges to get from them as never recieved any they created the charges after I stoppped using the account.

[lickthewallfatboy]

outrageous

 

something should be done about this......

[babybear39]

You need to SAR LTSB to get a full set of statements where can then prove that the alleged account is made up purely of charges. Then you can write to their head office to say close the account or you will go to the media and the financial regulatory bodies with complaints of their ridiculous behaviour!

[Mallymoo]

Hi All

Just wanted to say that I received a statutory demand for a statute barred "debt" from 1st Credit and Connaught Collections delivered by Interlink!. I got the forms to have the SD set aside off the internet, took them round to my local court and signed my affadavit in front of one of the Court staff. About 10 days later, I received a court date of 3rd November. I attended court yesterday and Judge told me not to sit down as he had set the SD aside. He tells me they cannot now issue any further SD's on me. When I got home from Court, there was a letter from Connaught Collections telling me that they were withdrawing the SD, would not be attending court (I wonder why) and were returning the "debt" to 1st Credit???

So if you get a statutory demand from these people, don't let it upset you, go to your local court and apply to have it set aside. Once the Court tells them there's a hearing, they'll pull out. Do your homework first though and make sure you present a good case on your affadavit (using CCA 1974 etc - info can be found on this site) against these parasites. It worked for me!

[babybear39]

Have you claimed your costs as an LIP (litigant in person) ?

 

If not, write a letter to the court asking them to consider an order for the wasted costs. If you need help with this please ask

[Mallymoo]

The Judge asked me if I wanted to claim costs, and rather stupidly for me, I said no. It had actually cost me very little to get there by car, and I was so shocked by not even having to speak, I did not consider my travelling costs. I am retired so I couldn't claim for time off work.

Silly me!. Anyway, I'll live with that to get rid of 1st Credit and Connaught Collections.

[lickthewallfatboy]

there's more to it than travelling costs......time spent preparing at £9 per hour for instance

[babybear39]

A lot of people claiming LIP costs get an average of £250 - £350!

[Mallymoo]

Hi there

I've already told the judge that I had no costs, would I be able to go back and claim costs now? I'm not a legally trained person, and I was not aware I could claim for the time spent preparing my paperwork.

[Mallymoo]

Hi Babybear

Wish I'd known this before I went to Court!

[babybear39]

Write letter explaining you weren't aware you could claim for time spent ect., add it all up and ask nicely

[Mallymoo]

HI Babybear.

I'd be very grateful if you could help me with the issue of LIP. I spent ages preparing my affadavit, then I had to go to Court once to take it in and get it sworn, and then I had to attend court yesterday for the hearing.

[babybear39]

Sorry to be thick but was it a SD or a CCJ?

 

If it was an SD use this for your costs, it's an example:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/204078-capquest-issue-bankruptcy-notification-6.html#post2276998

 

If it was a CCJ you'll need to amend it and lose the caselaw and ask for approriate help on here which I don't have sorry.

[babybear39]

Just read back and that's the one you need in my previous post. Be honest and write that it cost you a hell of a lot of time.

[Mallymoo]

Statutory demand

[PSB123]

Hi All

Just wanted to say that I received a statutory demand for a statute barred "debt" from 1st Credit and Connaught Collections delivered by Interlink!. I got the forms to have the SD set aside off the internet, took them round to my local court and signed my affadavit in front of one of the Court staff. About 10 days later, I received a court date of 3rd November. I attended court yesterday and Judge told me not to sit down as he had set the SD aside. He tells me they cannot now issue any further SD's on me. When I got home from Court, there was a letter from Connaught Collections telling me that they were withdrawing the SD, would not be attending court (I wonder why) and were returning the "debt" to 1st Credit???

So if you get a statutory demand from these people, don't let it upset you, go to your local court and apply to have it set aside. Once the Court tells them there's a hearing, they'll pull out. Do your homework first though and make sure you present a good case on your affadavit (using CCA 1974 etc - info can be found on this site) against these parasites. It worked for me!

Congratulations on this Mallymoo

This isn't always the case though. 1st Credit sent me 4 SD's and I applied to have the 4th one set aside. Did all my homework but on the day the judge sided with 1st Credit 1st Credit sent a solicitor to court to defend it and the judge sided with them. 1st pulled out all the stops and lied in court too. TBH I think the judge had already made his mind up before I even entered the court room.

[Mallymoo]

Hi PSB123

The judge told me that once a statutory demand has been set aside, 1st Credit and/or Connaught collections cannot issue another one, although they may be able to make a County Court claim against me. I'll be ready and waiting if they do! Don't think it would go down too well with a Judge if a SD has been set aside though.

[PSB123]

Hi Mallymoo

 

I personally think it's a lottery when it comes to having an SD set aside and boils down to a couple of factors: 1 - Will 1st Credit send a solicitor to court, 2 - What judge you end up getting and 3 - That you have done your homework properly.