Defaulted accounts not showing up - now robbersway are chasing

[ar1607]

Hello,

 

I have had a loan and a credit card account with cahoot since 2004.

I have not made any payments since 2008 and was sure that my credit score is all over the place

 

I did a search on Experian and bought the full report.

Nothing showed up.

 

I have no credit history of ever taking or not repaying those accounts.

 

In fact my credit is FAIR and the rest says:

 

Credit History Summary:

Number of credit accounts (including those settled)0

Amount of available credit (excluding mortgages) £0

% of your total credit being used (excluding mortgages) 0%

Amount of outstanding debt (excluding mortgages) £0

Number of accounts overdue 0

Number of missed or late repayments in the last year 0

 

I don't understand,

could someone explain why those accounts are not showing?

 

 

I took the most enhanced version of the check,

I'm not sure I can search any more.

CCJ also 0 - I checked with TrustOnline.

 

ar1607

[dx100uk]

good well done

 

i'd check another cra provider to be sure

 

dx

[BanditQueen]

It may be a mistake, but the company may not have actually passed your file or default information onto these agencies. To be certain, there are a couple more of them, so ask for that information. Have you tried to get credit recently? Where you turned down or accepted? If your credit score is fair, you probably have a chance to get credit, but to be honest, if you have not made payments, then getting into more debt is not a good idea. If you are worried, check with another agency, and get some debt advice about repayments of the debt at a rate you can afford, as they are likely to raise it sooner or later. National Debt Line or a Debt Specialist at your local CAB can help.

 

Good luck.

[ar1607]

At my bank they always try to upgrade my account from a standard account to one with an overdraft (I never actually ask, they offer, so I did it once out of interest) and it always comes up as refused. So somewhere someone holds the info but I can't find where it is. Is there another company I should try specifically?

[dx100uk]

as post 2

 

creditexpert?

 

dx

[username44]

Family member had lots of debts but his credit files showed nothing at all. Thinking it was a happy mistake he said nothing. A year and a half later they all showed up - on his sons credit file. They had similar names but lived at different addresses.

 

It was nearly 2 years before the error was realised by the son.

 

I would think the data is some where. If you want to query it SAR them.

Edited June 19, 2012 by username44
added sentance

[ar1607]

Credit expert (aka Experian) is where nothing shows up. I tried Equifax but they want me to send bills and proof of address so it will take some time. I have a feeling they probably have nothing either.

I haven't had contact with cahoot for 4 years now except requesting my contract 3 years ago which was in order. Would they consider that making contact? I didn't make any payments and I didn't speak to anyone, I wrote a letter and they sent me one back.

 

I have not decided if I should just leave it for another 2 years and wait for it to go away or start repaying, it's not large sums of money. I understand I can't get advice here that would encourage breaking the law but I'm curious - after the 6 years have gone, do I have to apply to have it removed or does it just go away automatically? (if I ever find who holds this information anyway).

[shan7-8-6]

I was wondering the same thing about the defaults after 6 years, do they just automatically remove them from your credit file?

[dx100uk]

All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default,

whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

[ar1607]

Hello,

 

I need some advice on how to proceed with my situation.

 

I had a loan, credit card and overdraft with cahoot since 2004.

 

I used to make small repayments but my circumstances changed and I had to stop.

 

I have stopped making payments in July 2008 so 5 years ago.

 

In March 2009 I asked cahoot to send me a copy of the loan agreement, which they did and it seemed fine.

Since then I had not had any contact with cahoot or any debt agency acting on their behalf so that's 4.5 years.

Nothing shows up on my Experian credit file.

 

This morning I received a voicemail from Robinson Way to contact them. I know they are a debt collection agency.

 

My questions:

if I haven't made any payments in 5 years would it mean that if I didn't for the next year the debts are SB?

Also, does asking for the loan agreement constitute contact and acknowledgement of the debt?

What are my options on this one?

If they keep contacting me and I don't respond could they take it further?

They don't have my address, just telephone number.

 

Thanks

 

 

ar

[sequenci]

Hello, the answers are:

 

a) Yes, one more year and they'll be SB

b) Not usually, unless you admit liability. An information request isn't admission.

c) They could take it further but you might want to try and stay under the radar for that further 12 months. If it was me I would wait it out to see what they did next. If they started to mean business I might then try and reconsider my options at that time.

 

Best wishes,

 

Seq.

[ar1607]

Thanks for replying, really appreciate it. If they don't have my address only mobile number how would I know they 'mean business'?

I assume that their ways are either sending threatening letters or personal visits.

They can't do either as I have no permanent address at the moment.

What I'm scared about not being able to know what their next steps are.

What could potentially happen that I wouldn't know about?

[sequenci]

That's an understandable concern. They *could* bring legal action at your last known address but generally creditors don't usually don't bring action unless they know they'll get something from it - such as the likelihood further enforcement. I can't say for sure of course but if this was me I would probably try and keep my head down for a little longer!

[ar1607]

Thanks sequenci. I shall see how persistent they get.

[dx100uk]

for past ref

I've merged in an old thread from 2012

 

I think they are just phishing.

 

dx

[ar1607]

Hello, I would like a bit of advice.

 

 

I finally made CreditExpert come up with all the information they hold on me, (I have three defaulted accounts with cahoot).

 

 

Nothing was showing up for years but I was always refused a credit card at my current bank

I knew the information must be held somewhere.

 

 

now two of the accounts showed up when they downloaded my full history.

 

 

The thing is the two accounts showed as defaulted:

one in July 2009 and

one in Dec 2011..

 

 

I have not had any contact with cahoot since September 2008!

So they are lying.

 

 

Can they just make up dates to extend the time?

 

 

How can I contact them to remove the accounts from my credit file?

Thanks

[citizenB]

No, they cant simply make up a date. It needs to be correct.

 

You should establish when they issued default notices

- these usually don't compute to Default markers on credit files until up to 6 months after the default notice date

and assuming that the default is not remedied.. eg paid off.

 

If you have not made any payments or had any contact with the creditor since September 2008,

then should they attempt to pester you or issue a claim, you could attempt a statute barred argument.

[ar1607]

They are not issuing a claim because they don't know my address.

 

 

But it still shows up on my credit file so it's bothering me.

 

 

How can I establish the default date?

 

 

Should I write to them?

[dx100uk]

no address wont stop them

they'll serve to your old one.

 

 

who's shown as the owner of the debts.

still cahoot

 

 

dx

[ar1607]

Yes, still cahoot.

 

 

One of the accounts shows an address that I wasn't living at at the time the account was declared as defaulted.

 

 

I'm not sure what to do next.

 

 

Could they have taken my signature and faked a letter?

 

 

Otherwise I don't know how they would prove I contacted them at the time.

 

 

And how to proceed?

[dx100uk]

who why fake what?

 

 

your debts are defaulted, ok rather late.

 

 

but I'd simply sit on them

 

 

only the owner of the debt can do court

and cahoot wont be rushing.

 

 

dx

[ar1607]

I would just sit on them but they show up on my credit file and spoil my credit rating.

 

 

If I ever wanted to get a mortgage or even a credit card (I haven't had one since 2004) I stand no chance.

 

What do I do to remove them from my credit file

 

 

and why did they default me in 2009 and 2011

 

 

when the truth is I stopped paying them off in 2008

 

 

and haven't had any contact with anyone?

[dx100uk]

the only way you'll find out is by an SAR to cahoot.

 

whatever you do anyway

the defaults are there for 6yrs then vanish along with the account.

 

there are no 'rules' that state a timelimit

[ar1607]

Well,

in my case they don't vanish,

they just add on another,

more recent date and extend the whole thing.

. I don't understand how they can do that.

 

I'd like to send them SAR,

 

 

is there a template?

 

 

And should I ask them for proof I defaulted in 2009 and 2011?

 

 

If they can't prove can I ask them to remove the info from my credit rating file?

[dx100uk]

the ICO says:

 

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

 

 

..............

 

 

the defaulted date by the OC cannot be changed by anyone

least of all a debt buyer

 

 

not sure where you've gotten info from in the past

but what you are stating is wrong.

 

 

they can 'update' the date

but never change the original default in the debt summary

 

 

dx