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Equidebt posting incorrect default date


paul_ig
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Hi this is my first post.

 

I have checked my credit file beginning of August and found that Equidebt had registered a default against me for a debt that went back most probably at least 8 years. Equidebt has registered the default in November 2007 yet I know if this is one of the debts from my ex wife the last payment would have been in 2004. I have sent them a CCA request, a formal complaint, a letter of pre action and I have also requested details of the original default date and last transaction. I request these some eight weeks ago, and then again on at the end of September. I have also contacted CRA to ask them to validate the last activity on the original debt and also the date of the original default notice.

 

Since the letters, Equidebt have stop reproting, but have not removed the default.

 

I am more than happy to take Equidebt to court however their lack of response is ridiculous. What I also want to know is Equidebt have the default down as 6001 yet the amount owed according to the CRA is 6000, is this enough of a discrepency to ask the CRA to prove the date of payment?

 

Can someone help.

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You would need to d a Subject Access Request

to get all the data from the company, there is

a statutory charge of £10.00 and they have 40

days to reply, there is a template letter in the CAG

library amend it to suit your case.

 

You can get the CRA to put a notice of dispute

on your file, also you need to check all e main

angencies as data may differ.

 

Brig.

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This extension to a debt by means of the DCA's being down right dishonest with default dates is nothing new. I would, as suggested SAR the OC to establish the correct default date then send copies to both the CRA's and the DCA.

 

This constantly happens and yet the Brig will tell you its unheard of.

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You should be aware the CRA cannot prove or

disprove the date of the payment you refer to,

the creditor/DCA supplies the information to

thr reference agency and the CRA cannot check

or contact any party to prove the data, you must

take the matter up with the cpmpany that made thre

entry the best route is through a DCs Compliance Department

as a Formal Complaint.

 

Brig.

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Thanks for the replies. I ave sent a SAR to them, I also asked for the data under the CCA. I rasied a formal complaint, and as this pertains to a bank credit card, I metioned, banking act, FOS guidelines as well as the relevant case law.

 

These bar stewards have stopped adding information to my file but have not removed the default. I wonder if there is any way I can make them give me the information in order to take them to court, i.e. apply for a court order or is there a letter I can send asking for full disclosure.

 

This is the only thing sat on my file which is really annoying.

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The situation seems to me that all

is needed is for the default date to

be corrected, is the debt stat barred

if the date is correct?? If not when it

is corrected it will remain of the balance

of the six year period, errors like this

do not justify the removal.

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Yes the det would have run its course if the original default date was entered onto the CRA database. I have asked the CRA to validate this data, and raise it as a dispute. I have prescribed that they have a duty of care to ensure the data they are publicising is correct. I thought rather than go down the consumer route, I have played it down the duty of care, and detrimental to my career route.

 

I am not running away from anything here, in fact this debt was disputed as far back as 2003, when my ex wife, god love her, ran the card to its hilt, without my knowledge. Hence the reason she is an ex now. This debt then came out of the wood work five years later in 2008, I asked then for them to prove it, and everything went quiet. I went for some security screening this year and this popped up again and as soon as I sent a letter asking why this default had be retro placed on my record, I have had the lovely letters from the nice people at Equidebt demanding money, flesh, blood and obviously if I don't pay I end up with eternal damnation.

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If the default is genuinely unfair then the FOS can order the creditor to remove it. Complain to the FOS.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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  • 3 weeks later...

So I now have recieved a reply after notifying this bunch of scumbags that I am taking them to court. Funny enough, they have attached an letter that they alleged to have sent me on the 29th September.

 

They say they do not have to adhere to FOS guidelines, they want 2.50 for each statement.

 

But wait this is the best piece, the letter is a microsoft file and it was created on the 5th October. I wonder whether there is now a possible criminal element I could go after. I am going to forward this to the OFT, but how can I nail these people.

 

Answers on a postcard and go back in time and post it.

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Hi Paul I'm into paperwork for the neaxt hour

and of course will help asap.

 

Brig.

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

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Hi Paul can you please post up a copy of the letter

you have received please and if you have a copy

of the CRA files showing the deafult dates etc. I

will put something together for you.

 

Brig.

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A couple of points need to be clarified:

1. When was the last payment or acknowledgment

made.

2. What is the exact wording of the FOS ruling.

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Reading back as far as I can see the debt

is statute barred if the last payment can

be verified, and the default entry showing

is manifestly unfair.

 

Brig.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Heres the letter, interestingly enough the letter was last saved by thier compliance officer on the 15th November, 1 day before sending it to me. An act of perjury me thinks. I now want to go for the jugular, want to take them straight to court, the last time I believe this debt was serviced, if it was, is probably 2004.

 

The default reads November 2007 6857, amount owed 6856

 

We confirm receipt of your email dated 23rd September 2011, the contents have been noted. Having undertaken a review of this matter, we should like to respond to your comments as follows:

 

We have no record of receiving a request from you concerning a copy of the original agreement relating this account and therefore consider some of the comments that you have made to be inaccurate and irrelevant.

 

We are also unable to confirm receipt of any email from you on 18th August 2011 or subsequent Subject Access Request and we would be grateful if you could confirm which email address this was sent to?

 

We are not in a position to manage your correspondence as a regulated complaint, as defined by FSA guidelines. However, we will continue to investigate the areas of dissatisfaction to which your comments relate.

 

We have referred this matter to our vendor in order to obtain a copy of the agreement that you have requested. We have placed your account on a ‘hold’ whilst we continue to await a response to this. We must advise that should you require statements relating to this account, a charge of £2.50 PER STATEMENT is payable prior to order. Should your require these documents, please contact us with immediate effect at the following address:

Please note that the timescales to which you have previously referred are only applicable to the original creditor, which in this instance, is not ourselves.

We trust that this should clarify matters.

Yours sincerely

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Another load of bowlocks the times scales

on a CCA or SAR are in force OC or not:madgrin:

 

So I want to take a trip to the county court, what forms, and what claim should I make if I include this latest information. I guess this is now more than a damages case, so its more than a money claim.

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It's still damages I think with monetary restitution

for the stress and embarassment I think.

 

brig.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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