Mackenzie Hall - Who has seen it through with them?

[BRIGADIER2JCS]

All very possible Heropanda, I think the

time to look into this is in the New Year.

[sillygirl1]

There is a Sam Gardiner looking after Mucky Hall's cases now - so it is worth trying again.

 

And as I already mentioned the OFT ARE looking at PDLs in depth so this case could be a vital cog in the wheel.

[BRIGADIER2JCS]

Agreed get the complaint to the OFT

and try Sam Gardiner.

[Heropanda]

Right have just submitted a complaint via consumer direct regarding the actions of NDR.

 

This morning i received two letters, one from Marshall Hoares Bailliffs talking about all of the fun consequences of inaction and saying that they have already notified the CRA's of this default. The credit file entry i had looked at was only updated to November 2011 so its entirely possible that they have already done this. The second letter i received was from Appleton Massey Solicitors talking about issuing a warrant of execution, going for an attachment of earnings and also enforcing bankruptcy on me.

 

I'm not overly concerned at the new developments, disappointed that its not going to be an opportunity but now my focus is on how i achieve the following:-

 

(1) Remove the additional credit file entry linked to this 'new loan'

(2) Complain effectively the way that this is the 3rd collection agency on my case over the same debt

[theshuffler]

subbin

[BRIGADIER2JCS]

AN account does not have to be a CCA regulated agreement

to be reported on CRA files so it can happen.

[Heropanda]

I think Toothfairy did register the account with the CRA's (well certainly with callcredit) but i just disputed it as a duplicate account and its disappeared off there now.

[BRIGADIER2JCS]

I see quite a number of PDL accounts reported particularl

on Call Credit, maybe CC is being used as it the smaller

of the CRAs and most customers would check Experian

or Equifax first.

[bjoh69]

can ar dca or collecting agent default a same debt for a second time once a debt drops off credit reference file which would mean another six years of default making it twelve years

[sillygirl1]

They can only do that if a payment is continuing to be made on an old debt.

 

If no payment has been made and the debt is 6 years old then it becomes 'statute barred'.

 

If they are putting the old debt on again then you MUST report it to them and inform the Information Commissioner they are not complying with legislation.

[BRIGADIER2JCS]

There can only be one default on any

debt.

Guidance states that defaults should be

placed ''timely'' ie with in 6 months or

the cause of action.

It would be possible to challenge the

fairness of a late default or a default

placed by a third party on a very old

debt.

[belleofstmark]

Hi HeroPanda,

 

I'm in a similar situation to what you were in with MH. Old default on the account from 2009 and struggling to get a mortgage. I'm curious what your progress was with this debt / getting the default satisfied or removed and how did it afftect your mortgage applications?

 

Cheers,

 

BM

 

RoyalIrish -

 

Thanks for taking the time with that response, really appreciated.Just following up on your points i emphasised that any money for a full and final settlement would have to come from a third party as i don't have any funds in my own name.

 

If they were to pressure me on this basis then I believe they would further be in breach of the OFT guidelines around encouraging you to take on additional borrowing to pay their debt.

 

My approach was really brought out of frustration and i saw the new owners of the debt as being an opportunity. I have a commercial mentality that says that if these clowns are the legal owners of the debt, the debt is murky and unenforceable then i could make them a worthwhile offer.

 

I'm trying to understand how simple it is to remove the entry from a credit file because if it was me in the situation and i had the options of banging your head against a brick wall and trying to threaten money out of someone or take a hassle free lump sum payment far in excess of what they would have bought the debt for with their only action being to remove the reporting from a credit file then i don't see why they wouldn't go through that.

 

Its not like they are emotionally involved in the borrowing, this whole scene is a business is it not? So to confirm i'm trying to get it removed but trying to incentivise from the DCA end rather than complain on the grounds of technicalities through the CRA end.

 

It just eats me up inside that due to a mixture of my own poor judgements and the financial climate that i'm going to be unlikely to be able to get a mortgage for a house for at least another 6/7 years and thats what is really driving this agenda.

 

I'm largely on the right track of sorting things now but anything i can do to ease the situation i will certainly try!