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red11

old debts which i fighting to remove

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Hi all,

i need a bit of help - brief back ground:

 

Unfortunately – back in 2004 I was heavily reliant on credit cards and the inevitable happened,

meaning that I had to stop paying the cards due to the loss of my job and other circumstances.

 

Needless to say that since then I never applied for any type of credit

– except when I took my mortgage,

and hey presto all the cards company surfaced via

– so called debt collecting agencies.

 

they write asking for exuberant amounts

– yet I would like to challenge them and get this debt written off since now it’s almost 6 years well it will be at the end of Dec.

 

My credit file shows that these debts are still present I would like advice on the following if I may please:

 

1) I want them to provide me with the original CCA agreement

– if they can’t provide such paper trail could I inform the credit agencies and say since they can’t provide proof I want it taken off my credit report?

 

2) if they do provide the paper work for them being that they are 6 years old debts can they still enforce them?

Or should I write them a letter pointing that now the debt is not enforceable and they should stop writing to me?

 

3) Are they any legal pointers I can refer to in my communications with these debt collecting agencies?

 

Any help or advice would be great

 

And may I say hats off to the people that are on this Forum sharing knowledge and wisdom.

 

These debt collecting agencies are making my life a misery.

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if they ARE getting close to 6yrs SB then i'd just ignore them all.

by that i mean it will be 6yrs since the last financial transaction by you in or out.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks for the reply, in which case - how do i force the credit ref people to ammend the credit file if they are now 6 yrs old?

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when was the default placed on the a/c?

unless you made a new arrangement to pay with anyone, they can't just default notice you when/if they feel like it

 

dx

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Afternoon everyone, after a prolonged self imposed exile i'm happy to be back, sorry but a new job has left little time to stop by the site, anyways.

 

Problem - i checked my experian credit file and all looked rather well, so i gave it a try to get a credit card with Amex & to increase my limit on my HSBC card.

 

Both happy to get all the details down, but on both i got turned down and when i asked as to what was the issue, they pointed to my credit file, as a CRA they both used Experian. So i called Experian to check if something was missing from the statury report i have, and No, all is in order.

 

I was wondering what can i do to show that my actuall credit file is clean and why on earth both Amex & HSBC point to that CRA where nothing is in play.

 

plus i need to add that i've been banking with HSBC for 15 years plus, i was wondering is there something that the CRA is not telling me, or is this a case where not even the banks know what could be the issue?

 

I'm worried because by listening to them both specifically refer to Experian.. i said are u sure to the operator over the phone maybe you are using Equifax? she clearly said that they only use Experian and that came back with issues.

 

Need some help here please - how can i get to the bottom of this?

 

 

Regards

 

Red

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Print out a copy of your file with Experian I would also check Equiifax and send

to the potential lenders, also formally request them to give a full explanation of the refusals.

 

The alternative is SAR the CRA and the banks although it's £10.00 each.


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thanks for the info so far, i'm not sure if its worth mentioning, but i believe that Both HSBC and Amex use only experian as a CRA. Can anyone confirm that is the case.

 

I have not checked the equifax file or call credit - i mean in fairness Call credit are a buch of morons who could not find their way out of a paper bag.

 

Equifax have their moments some good some bad. but i will send the credit report to the lenders and since tehy both specify that they have used Experian as CRA i will show them the facts.

 

this could be rather interesting going forward.

 

regards

 

Red11

Edited by red11
typo's

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HSBC definitley use call credit as I've just been refused a mortgage with HSBC (although initially approved) because of something on a call credit report, when there is nothing on my experian report. I also have banked with HSBC for over 6 years!!! I'm struggling to get the report from call credit so i'm at a total loss!!

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Hi all,

 

self imposed exile has now come to an end

(working abroad has come to an end)

 

got back to the UK in June and

 

after a period of settling back in decided to check my credit reports.

 

unfortunately i have 2 defaults and one CCJ on Equifax - we are talking small amounts

1 default value of £470 dated march 2008 will drop off in March 2014 as it will have reached its sixth year

2nd default is for £235 - which is dated july 2009 will drop off in July 2015

- so far nothing wrong apart from those, but

 

the thing that really looks or sounds strange is that the CCJ was raised against me by the same company with the same dates.

 

Question is - since the default and the CCJ are from the same company

is this correct procedure to apply both or are Equifax at fault here,

 

meaning that since the dates are both the same

the CCJ should supersede the default.

 

Also here comes the twilight zone part

- on Expedia there's no trace of either default or the CCJ which is somewhat weird..

 

Callcredit

i'm still waiting for the log in credentials so that i can check what's on their file

 

thoughts are appreciated on whether the good folks at the CRA are on the ball with this.

or its just me being overly suspicious

 

Cheers Red

 

Coincidently – how do i go about satisfying the CCJ

– paying off and get the certificate for it?

 

of course I’m aware that satisfied or not it will loiter on my CF till 2015.

 

Also is there any truth that even if satisfied a CCJ will still not improve the credit worthiness or score?

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Hi the mythical ''credit score'' is a day to day guide for you to see how you might be viewed by a prospective lender and play a small part id decisions in its owm right, all lenders have unique inhouse rating systems.

Satisfying thr judgement will not increase your chances of getting credit for certain.

Contact your local court they will tell you what to do, you will have to pay the claimant not

the court though.

 

As to the CCA entries it should show the defaulted account under the credit agreements heading and the CCJ in the public records section.

As to no entry on one or other CRA not all creditors report to all agencies, also I find Call credit/Noddle is not always up to date.


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Hi guys,

hope all is well – a curiosity from my part and was wondering if anyone had any knowledge on it,

considering that banks and credit cards all operate their own internal credit worthiness/score to asses if you are high/low risk

 

.is it possible to understand which credit reference agency they are using?

 

Or is it a case that they check all 3 major ones?

 

I was once told this was a while back that my bank “HSBC” uses Exprerian as a CRA.

 

Also what is displayed on these reports from the CRA’s to banks

– is the credit file access that they have similar to what we have ei; we see the whole lot?

 

or do they have a specific access/report which points the hazards say like a default or a CCJ?

 

If anything like that.

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Prospective creditors see the conduct of the accounts, so defaults asnd late payment markers and arrangement to pay will be seen, together with the public information, GAIN & CEFAS records, electoral roll and length of residence at an address and previous and or linked addresses.

 

The ''credit score'' you see is intended as a day to day indicator for the individual see how a credit app MIGHT be viewed by a prospective lender.

 

The simple fact is that lenders etc may use any one of the 3 main agencies or any combination, some may use a different agency for a differet product


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Hi all,

 

i would like an second opinion if i may, on something that is very strange,

 

this is in relation to my mortgage but it also touches the CRA’s.

 

The story starts with the original mortgage provider that i had,

 

in 2009 i had severe financial issues and a number of defaults where placed on my file for missing payments

the red default went up to the dreaded 6.

 

the original issues of the mortgage went bust & sold off my mortgage to another financial company

(so this means that on my cred file after all the red you now see a green and “S” for settled)

 

since then I’ve been paying my monthly mortgage plus extra to cover the arrears that i had accumulated over those tough times.

 

the questions and oddities are;1) there’s no sign of the new Mortgage company on any of my credit files or CRA – Why?

since I’m paying the thick end of ££££ every month surely the CRA should report that or I’m i being fussy here.

 

2) the (New) Mortgage company keeps telling me that for as long as I’m paying off the arrears it will be difficult for me to obtain credit

as it will show as if my account is defaulted. True?

 

And where could they possibly be posting this information and to whom.

 

3) lastly referring to the original mortgage provider present on the cred file –

 

if it shows “S” why is it still also showing all the past defaults

and does its history have an impact on future applications for credit or mortgages?

 

look forward to hear views and thoughts on this.

 

Cheers Red

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The old entry will stay on ( showing as settled ) for 6 years , from the date of default ( if there was such a date, it should say in the file ) or from the day of being settled.

Afaik there is no obligation on a lender to show an account in CRA

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morning all,

over the past year or so I've taken steps to address the issues on my credit file, all is on course, with one default dropping off at the end of this month and a settle CCJ that will drop off at the start of 2015.

 

the question is;

 

Experian has the CCJ (settled) by the two companies V12 finance and TBI (laptop repair) now according to Equifax only one record is kept and it points to TBI financial. Same for call credit.

 

I question Experian and asked since the default dates are the same and above all its settled one entry should be removed.

 

 

they refused point blank saying that It will stay and above has an impact on my credit file/score we know that there is no such thing as a credit score but certainly on the viability of obtaining credit.

 

 

can I push Experian to remove this second entry on my file? if so how?

 

 

cheers Red11

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You need to contact the data controller of the original creditor and request that it removes the entry, the entry that should show is the company that got the judgement.

Experian cannot remove or amend data supplied without leave from the company concerned.


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Hi Brig, thanks for the feedback, is there a template that I can use to reach the data controller at v12 and ask formally to have the entry removed

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Hi red,

 

 

Dear Sir/Madam.

 

 

 

 

I refer to an entry on by Credit Reference Agency Files (screen print attached) which still shows the original entry by V12 Finance and the new entry by TBI, this make my credit profile appear to show that I have two separate debts and judgements against one account.

 

 

I request V12 Finance to remove its entry thus remedying this unfair situation.

 

 

Use recorded signed for post and check delivery.


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thanks Brig, will send it at some point today. Thanks again..

 

Red

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thanks Brig, will send it at some point today. Thanks again..

 

Red

Happy to help!


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Your credit report is a credit history.

That history documents the life of a debt.

 

 

As a result, it will show both the original lender and any subsequent collection accounts.

However, they are not seen as two separate debts.

Instead, a collection account is recognized as a continuation of the original debt.

 

The account you had with your bank should be listed as charged off.

It could also show that it has been sold or transferred to a collection agency.

 

 

Charged off, transferred or sold are considered a final status, essentially the same as closed.

As a result, that account entry is no longer an active debt.

 

 

However, it will continue to appear on your credit report to accurately reflect the account history.

 

The collection account now represents the active debt.

Usually, a collection account indicates that it was purchased from or transferred from the original lender.

 

The collection agency may then sell the account to another collection agency.

The first collection account then would be reported as sold or transferred, a

nd the new, active collection account would be added to the credit history.

 

Because a collection account is treated as a continuation of the original debt,

it will be deleted at the same time as the original account.

 

 

The original account and subsequent collection accounts will be deleted seven years from the original delinquency date.

The original delinquency date is the date of the first missed payment after which the account was never again current.

 

The collection agency is required by law to carry over that original delinquency date from the first account

and report it to the credit reporting company. That ensures the collection account is deleted at the correct time.

 

Regards

 

Andy


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0dd then that 99% of those who ask for these double entries to be corrected to show only the new owner as the original account is closed and the debt purchaser is obliged to report on the status of the account.

 

 

Any link to the "Law" on this please?


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No law...copied from Experians own website and validated with the other major CRA,s.


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I have same issue or at least similar. Although I've been defaulted by the OC an then by Lowell for the same debt.

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The OCs in most cases agree to remove the original entry when asked without any problems basically if you don't ask you don't get.

 

 

As far as I can see the obligation on the debt purchaser goes only as far as updating the original entry with its details and the dates and " financial " data remains same.

 

 

I have posted a number of time on this " double entry" scenario on the forums and recommended requesting removal of the original entry as far as I am aware this has been successful.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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