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    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty, I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks. I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming, and after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond. I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015. Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years, I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do? I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
    • clarification Perhaps look up the latest studies on modern examination of historic smallpox to attempt to map its types and paths..
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zodiac78

HFC Equity Loan advice please

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I am trying to help my sister in law with her fianances since her husband died in June. Trying to tread carefully because she is in a very vunrable state. She has an Equity Loan with HFC and her payments are £600+ a month. Now she tells me that they did go to the omnibus when her husband was first diagnosed with rapid MS in 2008 but there was no PPI on the loan. She has been paying the above amount each month out of savings even though her husband became incapable of dealing with finances late 2008. I actually got to see the credit agreement and having dealt with welcolme finance the credit agreement didn't look like it was worth the paper it was written on. She also signed this credit agreement so the loan has transferred over to her.

 

I have told her not to speak to them on the phone which landed on deaf ears as she did discuss with them her present situation applying for ESA (employment support ) they agreed to send an income and expenditure form and are moving her payments till later in the month. They also said they would give her till sometime in September to send this I&E form back (haven't seen that letter) so I don't know the exact date but they are still taking the full amount from her bank account.

 

If i had delt with this how I wanted I would have got all payments stopped until she knows what her future finances are going to be.

 

Now I would like advice how to deal with this would you recommend SAR that way I have a copy of everything and hopefully see if there was any PPI on the loan or not. I can see we are going to have real trouble with HFC because when we do get to the adjusted payment stage it's not going to be anywhere near what they will want her to pay. I want to make this as less painful as possible for her because of her circumstances but know to these corporations she is just a number and they have no feeling or sentiment to her predicament.

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