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    • Thank you BankFodder    Please can Andyorch advise me how to make the application and what to attach I will send this off tomorrow after 3pm, I can post up the final version here of what I need to send and send this on Monday if I know what I am required to do and what I now need to send to the Court to deal with this matter fully   Thank you so much to you both
    • I think you should probably follow the approach suggested by @Andyorch who is probably more up-to-date on these things and I am
    • Hi, we have managed to agree terms with this creditor, thankfully and finally.   Now we face another problem...my husband was declared bankrupt in 2018 by another creditor. Long story short, it's now in the hands of a trustee.  They have apparently completed a driveby valuation which is higher than the first creditor mentioned previously so the trustee believes there is more equity for them to take.  Our property is leasehold with a 54 year lease so tricky to value.  We made an offer based on the first creditors valuation which was rejected by the trustee because, guess what, their valuation stands. So, I am now fighting again to save our home. Is there anything we can do to challenge the valuation and suggest the equity isn't as high as they think it is? Will a trustee be brutal enough to effectively push us into a homeless situation during a global pandemic because raising the funds they are seeking, is somewhat out of reach? Any help is gratefully received. Thank you.
    • Hi Andyrorch and BankFodder   I have just read up the posts, I am confused as to what to do, please can I be advised which route to go finally and how this is done, based on the advices to date.   I will be able to look into this tomorrow as I am off work most of the day tomorrow after 3pm   Thank you
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Equifax and 'existing debt' table 1 searches


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It appears that now equifax are going to allow DCAs to do table 1 searches at will, and what's worse will allow them to stay on your record for 2 years.

 

What's an outstanding debt search?

We keep a record of any organisations that have looked at your credit report, in line with the Data Protection Act.

An outstanding debt search means that a company has tried to find you if you've left without clearing your debt.

Depending on how confident the search is, it will show in either the Credit searches or Other searches section of your report. Any company who looks at your credit report will be able to see outstanding debt searches in the Credit searches section, but only you can see the ones in the Other searches section.

Outstanding debt searches stay on your credit report for two years.

 

 

 

 

this is absolutely ridiculous

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Of recent experience I have found that the OFT

and the ICO now seem to believe that it's ok for DCA's to

search Table 1 '' If the DCA is reasonably sure that thet have traced

the correct person for whom they hold an outstanding debt''.

This goes against every effort that CAG has put into try and make the system fairer.

The reasoning is based on ''The 8. Principles of reason and good practice''

The 4th. being that the data processed is accurate.

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

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but what if the debt is in dispute?

 

how can they be allowed to ruin your credit record for a debt in dispute?

 

e.g while its in dispute they farm it out to 3 or 4 different DCAs and they do the same searches?

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in my case the search is borderline vexatious

 

despite the DCA writing to my current address in 2007, and being served with a CCA request they defaulted on, they did the table 1 search at my previous address in 2010, which will keep a linked address on my record, more than 7 years after I moved out.

 

they have refused point blank to remove it, insisting that I telephone them to discuss matters (and we know how that will turn out)

 

the debt is statute barred, but the default is still on my file, and will drop off in a few months.

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