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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
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    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
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credit report


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Hi there

 

i have a question or two,

 

for the first time ever i did my credit report and not as bad as i thought,

one mistake which i will deal with tomorrow as a dispute with virgin media which is now sorted.

 

The other thing i was told a few years ago if its not on your credit report you dont owe it

- now i had a letter from a company called creditg saying they had bought my debt and i still owe about £180 on it.

 

Now this debt i was paying about 4-5 years ago, not sure on dates so i emailed them as asked that they send me any payment info if any on the last date a payment was made.

 

Now i have just come of benefits to go self employed and only have return to work credit of 40 a week to live on until tax credits are sorted.

 

They had searched my credit file as i have seen them on there, is there a reason this is not registered on my credit file as a debt?

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why....

 

ignore them

 

who is the company dca chasing?

 

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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If a debt has fallen off the credit file it means that the default

was more than six years ago.

 

You need to find out exactly when the last payment was made.

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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I am waiting to find out the date of the last payment.

OK, when you know post again and I'll draft a letter to suit.

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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where has this info come from?

 

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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the payment date i got from the company they emailed me today, asi asked for the last supposed date of payment

 

 

Which company?

 

You appear to be is Scotland...is that the case?

 

If so then SB will be 5 years not 6

 

So if the last payment was May 2007 then it is SB provided you have not made any written acknowledgement in the clear 5 year period.

 

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the line about the cra is correct - if defaulted the whole account will come off your cra file paid or not on its [the defaults'] 6th birthday.

 

me thinks phantom payment syndrome here too.

 

in these instances, never ever trust anything a dca says.

 

esp on the phone!

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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The company is CREDIT G this is an english debt when i lived there been here nearly 2 years and this is the first time i have been contacted by them, if im right this debt is from 2006 i have emailed them back asking them to provide me with the date it was first classed as debt and the date it was passed to them.

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The company is CREDIT G this is an english debt when i lived there been here nearly 2 years and this is the first time i have been contacted by them, if im right this debt is from 2006 i have emailed them back asking them to provide me with the date it was first classed as debt and the date it was passed to them.

 

In which case you need to get them to prove that payment was from you.

 

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The line about if it's not on your credit file is i am afraid rubbish. A debt becomes statute barred in England 6 years after the last payment was due OR the debt was acknowledged. However be aware that some dcas have been known to add the odd rogue payment to the account. If you do not recognise the payment make them prove it was from you.

 

A default entry is placed usually well within 6 months of the cause of action ( final payment after which no further payment or acknowledgment in writting is made)

Given that defaults are removed after 6 years is an excellent indicator that a debt is statute barred. also the CRA reports often show the date of the last ''delinquent''

payment which will confirm the status of the debt.

 

So please don't make statements that something is rubbish when you have not got the facts before you.

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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ok i have just checked the message again i got from them and i got the year wrong sorry was 2008 last payment i started paying in 2007.

 

How do i get them to prove i made the last payment?

 

ah so you know about the payments then...it was you?

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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well that was what i was told lol, looks like the person that told me was wrong.

 

Yes i was making payments but i stopped when i changed banks and the bank didnt transfer all the direct debits correctly and i never bothered to resume payment.

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  • 2 weeks later...

I have had no more contact from the company despite asking for more info on this debt

 

I asked for the date it was registered as debt and when it was passed to them, no reply and its been just over a week.

 

Shall i send a stauete barred to them?

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Yes but use this draft and edit in detail.

 

The Compliance Manager

xxxxxxxx

 

Ref: xxxxxxxxxxxxxxx

 

Dear Sir or Madam,

 

I refer to the debt for £xxxx which you allege is owed by me:

TAKE NOTE I DO NOT ACKNOWLEDGE ANY DEBT TO XXXXXXX OR

ANY COMPANY YOU MAY CLAIM TO REPRESENT.

Having taken time to research my credit history and on advice received

I have concluded that any such alleged debt is now STATUTE BARRED

given this information I will not now or in the future make any payment

or offer of payment.

 

I require you know to cease to process or store any data relating to me.

 

I remind you of the OFT Guidance on Debt Collection 2003/2011 and the

sections regarding the pursuit of Statute Barred Debt, you should also be

aware of the ICOs Technical Guidance on the sale of statute barred debt

without informing the purchaser of the status of the debt.

 

For Clarification this letter is NOT an admission of any liability for the alleged

debt.

Send recorded delivery.

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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