Default notice from TBI -currys credit/store card

[pavidus]

If a debt collector has bought a debt and has been extorting money from you on a monthly basis to repay, can they legitimately issue a default notice when you fail to make payment to them? IE Has an actual credit agreement been made between yourself and the debt collector in arranging to make payments to them? Debt already defaulted with the original creditor in 2004.

[miss muppet]

No, the default notice has to be in the name of the original creditor. Have you CCA'd the debt collector and have they got an agreement? Have you done a Subject Access Request to the original creditor?

[miss muppet]

The following is a long thread but an interesting one:-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further.html

[pavidus]

Yes I did send CCA. Would you beleive I forgot to write their name on postal order so they have sent them back. Will be sending CCA request again, with a fully filled in postal order! I think they are trying to say that I now have some sort of credit agreement with them as I made arrangement to pay them £10 a month.

[alfwithhair]

who is the original creditor and

who is the dca.

Is this the fisrt dca to collect on this debt

did you receive a default notice from the OC before they sold it to this dca

[pavidus]

Currys. I have had to move a great deal so have no recollection of recieving the original default. The debt collector is TBI financial services.

[alfwithhair]

when they sent the postal order back, what did their covering letter say, as shouldn't make any difference wether you wrote their name on it, propabley just wasting time as they have got no paperwork.

 

Have you checked your credit file?

Is the any default on there from Currys?

[pavidus]

I did wonder about the postal order. They said as it is not made payable to anyone that I would have to have it amended or redrawn. They acknowledged receipt of my CCA request but were awaiting the postal orders to be reurned. Haven't looked at my credit report for a couple of years, can't remember any default.

[alfwithhair]

Well get the postal order back to them soon as by recorded or they will say they never received it.

If nothing back in 12+2 working days from receipt then just sent account in dipute letter and stop payment.

If you do get anything back post it up on here (minus personal details) and we will see if it worth any weight in court.

 

Do not speak to them on the phone and if you have direct debits set up with them cancel them. Standing orders are ok as you are in control of that and under no curcumstances ever give them your debit card details

[pavidus]

Have just checked my credit report through credit expert, experian. TBI defaults showing, the defaults were placed on my report on the 18th of this month. The dates shown as the default dates are 2004 and 2005! Can't find anything else on my credit report at all, not even any outstanding debts!!

[pavidus]

May I add that the defaults have been listed as credit/store card. I have never had a store card, I may have had finance arranged to purchase something from them but not a card with an ongoing credit facility. Is it wrong to have the default listed as being credit/store card when that was not the case? Can they issue this default five and six years after it occured?

[alfwithhair]

I think what has happened here is the the original creditor placed the default in 2004 as you say,

so that will be due to drop off some time this year as the six year limit is up.

 

Why it is marked again in 2005 I didn't know.

Is it for the same debt? and was it still with the same creditor?

 

When a debt is sold, either the new owner or the OC can update the records, but not both.

 

If you enter into a payment plan with the new owner you have essencially entered in to an agreement,

if you fail to pay under the terms, then the new owner will default you again,

as you have breach the conditions of the new payment plan, not the original.

 

You cannot be defaulted twice on the same debt whilst in remains with the same owner.

 

Once sold the new owner can default for breach of any new payment arrangment.

 

Hence why it is always better to get proof they have a legal right to collect the debt before making any payments to a DCA.

They cannot default you on something you have yet to agree to.

 

Others might have an angle on how to approach this as something is fishy,

 

they are trying to screw your credit file for a further 6 years as your penance for not paying in the first place, something which is not on.