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    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Statutory Barred Debts and Effect on Credit Reference Files


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Hi, I have a number of debts that I believe are now statutory barred. I don't appear to be being chased on these debts but something is blocking me from obtaining a motgage. I have sent for a credit report and am waiting for this (CRA say they have anomalies with the address info) but I am wondering whether SB debts still stay in the credit file, whether they can be removed, what impact they have etc...

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Hello there, any items should fall off your file after six years. If you find anything wrong on your file do let us know, we'll be able to let you know what you can do about it :)

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  • 3 weeks later...

There are more than one credit ref agancy, and they will all a have differnt data, and differnt mortgage companies will search differnt ones! or more than one.

 

If you look online the three main ones equifax experian and call credit, all will give you the first month free, then cancel. Then you can start to see what the banks are seeing!

 

Any errors etc. wrong address or accounts you can contact the CRAs online and try and correct, will take a few months but can be done.

 

If you have valid debts will take time!

"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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voters is the usual candidate.

 

dx

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 3 months later...

Hi...

 

I have today received a copy of my credit report form Experian. The report states the following:

 

Status History: 021000000000

 

'In the last 36 months of account activity, the number of status 1-2 is 4 and the number of status 3+ is 6.'

 

The last interaction on the account was 15/8/07 and the account begun on 26/9/02. The account was settled in full with no defaults. This has been confirmed by the lender.

 

I have contacted the lender today to ask why these statuses show and have been informed that this was due to direct debits not having been paid ontime. Now their administration was a shambles and on two occasions I had problems when changing bank details and address details. One such error made by them was when I changed my bank details they carried on trying to take the DDs from the old account. As they had not updated my address details months before when I notified them of a change of address they couldn't/didn't notify me until my post was forwarded on. They acknowledged this at the time as their error and assured me it would not affect my credit rating. Only it seems it has.

 

They have now told me that there is nothing they can do about it as the Direct Debits are automated and automatically update on Experian.

 

Any advice on where I go from here? They do not have the records anymore of the administration errors and them accepting acknowledgement of these and cannot check my assertions.

 

Thanks...

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There are also unsolicited searches from Lowell Portfolio 1 Ltd showing on the report in the last 6 months. I have not authorisaed these searches and have not had any contact with any lenders for over 6 years. Who are they and can they make unsolicited searches, potentially damaging my credit rating, without my knowledge/authorisation?

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a search should not harm your rating.

 

as for the dd lash up

 

its for you to cancel it not them.

 

however.

 

if the markers are 2007 then they must still hold the info by law.

 

time to sar them

 

and for them [who is it please]

to say its an automated system is garbage.

 

and to say they cannot change the markers is garbage too

 

they can they are just towing the party line

 

go higher up the food chain.

but you need written evidence

 

dx

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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They are Hitachi Capital - the one company I did keep accounts in order with... It seems all the statutory barred debts are removed from all reports, however, a number of DCAs have searched my records over the past few months dispite the debts being statutory barred. I have had no dealings with these DCAs but their searches seem to be linking me to addresses that I have never lived at and these appear on my address history. Any advice on how I get both the searches, (they appear in the section that implies I have applied for credit with them), and the addresses that I have nothing to do with, removed?

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They appear on Callcredit and Experian - there are errors on the Equifax report but these I can understand (they are things like my father's address (he has the same initials and surname - obviously) and slightly incorrect addresses - although they are proper addresses.

 

On the Experian report the searches are for Lowell Portfolio 1 Ltd and the Callcredit report shows NCO Europe Limited at addresses I have lived at in the past and incorrect addresses that I have never lived at and that are now showing in my address history.

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As far as I'm aware CRA should not allow DCA's to do Table 1 searches as these can be seen by potential lenders. Table 1 searches are for companies that issue credit.

Write to the CRA and inform them that these are unlawful and should be removed at once.

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You could not be more wrong.table 1 searches are used as a tool by dca to screw your rating as many on here will tell you, they are there for 2 years and yes the good old outstanding debt search is hard if not impossible to get removed.

 

As far as I'm aware CRA should not allow DCA's to do Table 1 searches as these can be seen by potential lenders. Table 1 searches are for companies that issue credit.

Write to the CRA and inform them that these are unlawful and should be removed at once.

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I have had responses from the ICO and FOS re table 1 searches`

1. The ICO says it is not unreasonable for these searches to placed on table 1

if it is considered that there is a reason that ''complies'' with one or more

of the ICo's 8 parameters.

2 FOS says that it's ok for this to happen as potential lenders need to know a full history.

This is all in the face of what I was told by the compliance manager of Mackenzie Hall

who said it was unreasonable to post ''outstanding debt'' searches on table 1, and

paid compensation for doing it.

It seems more and more that the so called regulators are not protecting the public as they should!!!!:-x

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

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I have no doubt that these searches were done to try to show other lenders that I have had outstanding debts in the past. Thanks guys for clarifying that.

 

Questions is, is this unlawful or not and whether I can have them removed. These debts in question are over 6 years old and I have never given these companies my permission to carry out such searches, nor instructed them to do so; although I would have done with the original creditor.

 

Also, is there any course of action that I can take that will allow me to stop such searches being made in the future?

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It's best to read these in context with the rest of the DPA have a look at the ICO web site

I can perhaps sort out all of it later but I am in hospital awaiting surgery tomorrow.

These searches seem now to be acceptable to the OFT and ICO the only other

thing is to contest on the number and frequency of searches made by a creditor or DCA, this can be deemed to be unfair.

You need to write to the |DCA's and the CRA's and direct your complaints to the compliance managers,

I have found this to be the most effective starting point for getting the situation resolved.

Edited by BRIGADIER2JCS

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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Thanks for that, I will take a look. ...and good luck with the surgery!

 

I find it hard to understand how, after a debt can no longer be chased, (the six years passed last August and these searches are since that time) the DCA can still place a search on my record. Can they carry on doing this for the rest of my life?

 

Surely there has to come a time when they can no longer place such searches without them being unlawful?

Edited by omalleyr
Added a question
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your right it's pretty much unlawful but they are a law unto himself,these searches should be on table 2 which are not seen by anyone else,brig has tried his best to get to the bottom of it,if you fancy talking to cra about it and you enjoy banging your head against a brick wall go for it.

table 1 searches are ment to be for applications for credit

 

Thanks for that, I will take a look. ...and good luck with the surgery!

 

I find it hard to understand how, after a debt can no longer be chased, (the six years passed last August and these searches are since that time) the DCA can still place a search on my record. Can they carry on doing this for the rest of my life?

 

Surely there has to come a time when they can no longer place such searches without them being unlawful?

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I want to write to the DCAs who are doing this to attempt to get them to stop and remove their searches. For them to do this they will need a copy of any credit agreement that I have signed giving the original lender permission to conduct a search on my credit file. I doubt they have this.

 

Do any of you know of any solicitors who I could hire to write such letters so that I do not have to give my home address - the last thing I want is these guys trying it on by knocking on my door?

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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