Late Payments on CF + DMP + Settlement offers

[oslash]

Hi,

 

Thanks for all the info guys. Really appreciated.

 

Are DCAs allowed to mark a file? Can one not dispute it on the grounds that the CCA was not signed between the debtor and the DCA?

 

Thanks.

[BRIGADIER2JCS]

Hi,

 

Thanks for all the info guys. Really appreciated.

 

Are DCAs allowed to mark a file? Can one not dispute it on the grounds that the CCA was not signed between the debtor and the DCA?

 

Thanks.

Item one yes the organisation assigned to collect

must report on the conduct of the account.

Item 2 the DCA will be assigned the obligations of

the original agreement.

A sold or assigned debt means the tranfser of the

original agreement, terms and conditions, benefits,

rights and obligations.

[oslash]

Hi,

 

Thanks for clearing that up. I didn't know that an agreement can be transferred to a DCA.

 

If I feel that they were only 2 or 3 charges on the account, is it still worth sending off a SAR?

 

Thanks.

[BRIGADIER2JCS]

Personally I think it's worth a tenner just

in case there is more thanyou think you

could be surprised.

[oslash]

Hi,

 

Thanks for that.

 

Is there a list of items I should be looking for when I receive the SAR? I know it's a long way off, I just want to be prepared so I don't keep bothering you guys until I get all the records from them.

 

Thanks.

[BRIGADIER2JCS]

Basically everything on the account, just

post up when you get the reponse and we'll

take a look.

[oslash]

Will do.

 

Thank you again.

[oslash]

Just to clarify, the reason why I ask is because I would like to re-offer a full and final settlement figure and get it paid by Jan 2012.

 

Can I still do this, request for a CCA and a SAR, close the account and follow up the SAR?

 

What would you strike off from the list?

 

Thanks.

[BRIGADIER2JCS]

Will do.

 

Thank you again.

 

Good Luck keep us posted!!

[HAWC]

What about sar'ing harrods?

[dx100uk]

sar to harrods would be udseless

do that to ge

if you want to cca the chaser then do

 

with the reclaim and p'haps no cca then it will put you in a stronger position

to offera low F&F

 

BUT you MUST reclaim FIRST.

 

dx

[oslash]

Hi dx,

 

Should I still SAR to GE Capital even though the statements (since I started my DMP) are coming from the DCA?

 

You mentioned the reclaim with no CCA may put me in a better position to offer a low F&F, but seeing that the balance was bought by the DCA the agency has nothing to do with the reclaims, GE does. That is, F&F goes to the DCA and the reclaim is processed by GE Capital. Isn't that the case?

 

Thanks.

[dx100uk]

yes the oc always for sar

 

reclaim to the oc too

 

who owns this debt?

check your cra file

 

thats who the f&f might go too

 

but you need to get your ducks in order and do some reading up too

 

get that sar off to ge then sit tight on anything else till we get that

unless you want to cca the chaer as advised, already

 

dx

[oslash]

Hi,

 

Alrighty, will do.

 

I don't understand what you mean by "who owns the debt"? Can you elaborate? The outstanding balance was sold to CL Finance (the DCA) and the account was assigned to them. I've got a letter from them confirming this and my CRA shows CL Finance, not GE. So I guess CL Finance owns the debt.

 

I will SAR to GE Money and CCA to CL Finance and see what happens. But I'm also tempted to include the offer in the CCA as well? Is this wise or should I just hold fire until I get all the requested docs (as previously advised)?

 

Thanks

[dx100uk]

ok cl owns it then

 

no dont offer F&F till we have our ducks inline

 

dx

[oslash]

Thanks dx.

 

I'll get them sent next week and let you know.

 

Thanks again.

[oslash]

Happy New Year all!

 

I've just noticed on my credit file that the first default was sometime in March 2006 and it should be wiped off in 3 months time.

 

1. Do you think it's still worth getting the SAR? Maybe just to recover charges?

2. Brig said the recurring default marks on my credit file are just updates. Would I still see these marks in April 2012 - bearing in mind what was mentioned above?

 

Thanks.

[dx100uk]

i'm wondering if these are markers for late payment etc and not defaults.

 

1. yes SAR the OC

2. all markers wil fal off 6yrs from you last financial transaction or 6 yrs from their birth whichever is the soonest

 

dx

[oslash]

Hi,

 

They are actually defaults. Every month I make a payment I get the Default marker for that month. It's been going on since Mar 2006.

 

1. Thanks

2. So when you say "financial transaction", does a payment to the DCA count? For example, I paid them last month and as a result they marked my file last month. Which date are we looking at?

 

Thanks.

[dx100uk]

no it wont be a default marker, it will be what the cra uses for as the code for the marker they are giving them

unless its been more than 6 bad markers, then the cra system automatically marks the a/c D or 8 and keep doing it.

 

what cra isthis report from

 

dx

[oslash]

Hi,

 

It's CallCredit.

 

Basically it shows 4, 5, 5, D ... and D reoccurs every month until the time the account was closed.

 

By the way, shouldn't the last marker be S - for 'Settled'? The status reads 'Satisfied' and the last marker is D. On my other closed and settled account, the last marker is S and the status is 'Settled', although this account wasn't defaulted. I don't know if it makes a difference.

[dx100uk]

see if creditexpert is clearer, never could understand callcredit

 

dx

[BRIGADIER2JCS]

The markers just show that the original default

is ongoing and do not indicate a new default

So £10 paid off £500 = balance in default £490

so on.

[oslash]

Hi,

 

My Experian credit file shows late payments, a Default and then Settled. This was the original Capital One file before it was passed on to the DCA.

My Call Credit file is the one that the DCA was using and after settlement, they passed the acc back to Capital One.

 

So brig,

 

1. if the first default was sometime in March 2006 will it be wiped off my credit file in March 2012?

2. will it appear on my credit file after March 2012? Am I right in thinking that I will still see it on my credit file but creditors won't?

 

Thanks

[BRIGADIER2JCS]

You are right on both points you will

see it on your file until you ''buy a new'' report,

if you buy the new report it may show for a few

days sfter the expiry of the deafult, because of

time restrictions usually they are removed overnight

the day after the expiry, but weekends and Bank Hols

may delay.