Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
  • Our picks

MXBN

Nationwide Chasing a CCJ and Other

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3447 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I posted this on someone elses thread but thought I'd better make a seperate thread of it to see if anyone could give me any advise or what anyone thinks they the DCAs could possibly do.

 

I have Shoosmiths acting for Nationwidelink3.gif chasing me, they have a CCJ against me taken while I still had a house in the UK, now I don't they want me to fill in an I&E for them to see how much they think I can afford, even though I have made numerous offers through Payplan they still won't go for that, they said they will continue legal action if nothing is agreed. That debt is for 4800 pounds.

 

I also have Eversheds acting for Nationwide, they didn't get a CCJ but are threatening legal action in the Netherlands, they didn't say how, if we don't agree a monthly payment, they also ignore the Payplan offer and want me to fill in an I&E for them, the debt is about 8500 pounds. I am paying them 18 pounds a month but I actually think they will accept something like 30, the first solicitor hinted at this months ago when they tried to take me to court but I managed to stall them by getting it throown out for having the wrong paper work and then kept them going until after the house was sold so they couldn't continue with it thinking that after that they couldn't touch me but having read this I don't know anymore.

 

I'm going along with Shoosmiths for now until they tell me to repay a stupid amount, I think they will ask too much when they ignore the I&E and just decide how much I have to repay anyway.

 

Eversheds I'm being a bit more cocky with, I have refused to fill in their I&E saying that I filled one in for Payplan and that they have a copy and that is what they should stick to as my other creditors have.

 

Not sure what will happen, any advice is welcome, they both have a PO box number for me here in the Netherlands but no proper address and I am cooperating with them but try to stear them towards the payplan offer as much as possible which they have both been receiving for over a year now.

 

 

Thanks

Share this post


Link to post
Share on other sites

I have a feeling that simply by cooperating with DCA's paying them some small amount and being in contact with them you have set yourself up for escalating levels of contact and coercion.

 

From the DCA's perspective you have 500 people to call and try and make your commission on. Those who make any response or can be contacted by phone are open to suggestion and continued contact. Ie You are paying these parasites 1Pound a month this is more than nothing and means you are compliant with their bull**** they have a contact they can try and pressure to pay more. This is the DCA phone monkeys key objective

As opposed to debtor who has simply disappeared or given an address he's never available at. These people cost the DCA parasite increasing amounts of money to chase with uncertain outcome. Who knows of they are simply going to declare bankruptcy or if secured debt or HMRC tax debt is the first to be serviced.

 

I say if you are in the EU ignore them it's going to cost them real money to trace and serve local legal process that will again cost them real money to file.

 

It seems to me the smart DCA's must first make landregistry searches if anything shows they really step up pressure. If not they just try for contact to see of the debtor if open to their threat bull****.

 

It's worked for me so far! My debt amount is around 40k- 12k single creditor before charges... ... I'll post if anything changes... I used to lose sleep over this but now I'm just very aware of keeping check on any UK CCJs etc... I have given abroad telephone number and address I have proof for foreign correspondence should any default CCJ come up.

When the DCA's call i just put the phone down infront of the TV and around 10min latter hangup.

Share this post


Link to post
Share on other sites

One of them already has a vaqlid CCJ though, what could they do? Could they easily get this transferred to the Dutch courts or would 4800 not be worth it?

 

The other one's are just threatenning, would it be worth for them to try to get this in a Dutch court?

 

I understand what you're saying and it does seem to work better the ignoring psrt with my other debts, these ones for Nationwide just seem never to give up.

Share this post


Link to post
Share on other sites
One of them already has a vaqlid CCJ though, what could they do? Could they easily get this transferred to the Dutch courts or would 4800 not be worth it?

 

The other one's are just threatenning, would it be worth for them to try to get this in a Dutch court?

 

I understand what you're saying and it does seem to work better the ignoring psrt with my other debts, these ones for Nationwide just seem never to give up.

 

Yes that DCA has paid some real money for a CCJ and you have been paying them a token amount they are never going to give up now - It's a paying contact.

 

All the threads on CAG todo with UK debt enforment in EU and also the Expat forum threads regarding leaving UK debt. Never have people posting any experience with local enforment of UK judgments.

 

Except for this post;

 

http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/261871-debt-living-abroad.html

 

Which is to do with non CCA mortage debt.

 

Lots of people loosing sleep and posting questions in regards to - What if? Can they follow me? What powers do they have? Threats etc... But never stories of local papers received.

 

Any stories of EEO EU enforcment to be told? It seems to me it's a perfect time for uk debt slaves to take advantage of free movment in the EU and make fresh start!

Share this post


Link to post
Share on other sites
Yes that DCA has paid some real money for a CCJ and you have been paying them a token amount they are never going to give up now - It's a paying contact.

 

But would you think they would follow up through the Dutch courts for 4800 pounds? Aren't CCJs transferable easily to other EU courts? I've only contacted these once recently, they are receiving payment through Payplan at the moment for 10 pounds a month which they are unhappy with and want more.

 

So, for the other debt where they don't have a CCJ I am probably safe to just continue the Payplan and ignore their threats, as you pointed out there are no posts where this has happenned and there are a few posts saying that there is a murky area with credit under the 1974 act (this debt is for a credit card) which makes enforcement almost impossible to do through an EPO.

 

They both don't have an address either only a PO box so they would need to trace me as well.

 

So in your opinion I should keep up the payments and just ignore them as they are empty threats?

 

Thanks

Share this post


Link to post
Share on other sites

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...