Confused with CRA info

[gpp]

Good morning everyone.

 

Need some guidance please.

 

I have been paying CMC a monthly amount for around 14 months re a c/c debt with MBNA. I have looked at Noddle ( no debt with MBNA appears) and with Equifax ( MBNA appears but shows as satisfied 10/08). No other information regarding a debt with MBNA is showing.

 

Can anybody help me to make sense of this? I'm a touch confused. Should I check with Experian?

 

Any help much appreciated.

[BRIGADIER2JCS]

Noddle often not up to date and many lenders do not report to them!

 

The Settled entry was when the debt was sold on.

 

Yes check Experian.

[gpp]

often not up to date and many lenders do not report to them!

 

The Settled entry was when the debt was sold on.

 

Yes check Experian.

 

Thanks Brig'.

 

I've now checked all three. The only debt with MBNA is settled. There are no other debts with them, even with other DCAs. There are no other amounts even similar to the CMC amount I have been paying off.

I Have had a card, but that was some time ago.

There are no amounts similar to the amount being chased.

Think I've been taken for a ride. Shall I stop paying ?

Sorry if the reply appears odd, haven't quite got to with things yet!

 

Thanks in advance Brigadier.

[BRIGADIER2JCS]

No prob, I think it would be wise to send MBNA a Subject Access Request under The Data Protection Act 1998, this will provide you with all the data held on the account.

There is a Statutory Fee of £10 and they have 40 days to comply it is sent addressed to their Data Controller and it is best to use recorded delivery, use the template from the CAG library.

 

Are you getting up to date statements from CMC, if not I would want to know how the balance is reducing.

[gpp]

Back again!

 

Just checked EQUI/EXP. The MBNA debt registered as settled is 9k lower than the one that is being paid! I can appreciate that the debt appears as settled if it has been defaulted and moved on, the same amount appears as a default under a different owner. This one, along with another which is being chased does not appear (ie the amount and alledged owner) at all.

 

Whats the stand point on debts that are being chased but do not appear in any form on my credit report?

 

I'd be intrigued as to the position the DCA is in.

 

Thanks to you Brig and all the other guys. This site has opened my eyes and has armed me with the correct info to move on.

 

Thanks Caggers!

[BRIGADIER2JCS]

All defaulted accounts will be removed from credit files 6 years from the default date and given that the cause of action cam be some time up to 5 months prior to the default

date if no payment or written acknowledgment has been made in that 6 years (5 in Scotland) then the debt is statute barred.

[gpp]

Many thanks Brig.

 

Thanks for your help. Undoubtedly I will be back!

 

Thanks again

[BRIGADIER2JCS]

Your welcome anytime.

[gpp]

Your welcome anytime.

Told you it wouldn't be long!

 

Just a quickie.

 

If the debt does not appear on the CRAs can it legally be enforced? I have asked 1st Credit for my CCA. All that was returned( admittedly within time ) were some photocopies of statements. They did not send anything else. The attached memo type thing instructed me to ring them ASAP. I have not.

 

They have until this Thursday to supply all the required info. If that does not appear I will send them the next letter.

 

I am not evading this debt. The amount that I will repay on a monthly basis will be very small due to the advent of progressive MS.

 

I am aiming to be prepared with as much info as poss. This DCA was very aggressive in their approach. It is my intention to ensure that they jump through as many hoops as is legally required before any admission/offer is made. this debt also has plenty of PPi and charges associated with it.

 

I hope this all sounds understandable.

 

Thanks in advance.

[BRIGADIER2JCS]

Q 1. not neccessarily if a debt does not appear it can mean 1. 6 rears have elapsed since the default date and the entry has been removed. 2 Some times when a debt is sold or assigned to a third party there can be a gap in the reporting.3. The cuase of action ie the date a payment was due and not made after whivh no further payment was ever made (the default) is often some months prior to the actual default date, so a debt may already be SB BUT just because it is not on the files does not automatcally mean the debt is statute barred as ANY payment or unequivical written acknowledgment restarts the 6 year clock.

 

A CCA request is satisfied if the agreement or a reconstituted aggrement together with a statement of the account is supplied within 12 + 2 working days,that is all that is required.If there is no aggreement or a recon place the account into dispute until they produce one.

 

I believe that your progressive MS also places you as a vulnerable person and the DCA can be reminded of the OFT guidance regarding this situation.

 

Please do not hesitate to post if you need further help.

[gpp]

Q 1. not neccessarily if a debt does not appear it can mean 1. 6 rears have elapsed since the default date and the entry has been removed. 2 Some times when a debt is sold or assigned to a third party there can be a gap in the reporting.3. The cuase of action ie the date a payment was due and not made after whivh no further payment was ever made (the default) is often some months prior to the actual default date, so a debt may already be SB BUT just because it is not on the files does not automatcally mean the debt is statute barred as ANY payment or unequivical written acknowledgment restarts the 6 year clock.

 

A CCA request is satisfied if the agreement or a reconstituted aggrement together with a statement of the account is supplied within 12 + 2 working days,that is all that is required.If there is no aggreement or a recon place the account into dispute until they produce one.

 

I believe that your progressive MS also places you as a vulnerable person and the DCA can be reminded of the OFT guidance regarding this situation.

 

Please do not hesitate to post if you need further help.

 

Hi Brig.

 

Thanks for the reply.

 

I'm back for more unfortunately!

 

Brief history so far:

Halifax cc debt passed to 1st cred.

Recieved aggressive letters from 1st and letter offering 5per cent discount.

Requested CCA with library letter. Recieved some iffy photocopies of what appeared cobbled together info. No interest or other info on statements. There was no CCA enclosed, just a memo type thing telling me to contact them immediately. I didn't.

I sent another request stating that the CCA was not Recieved and updated them on the dates for their obligation.

Today, I received a letter thanking me for my recent correspondence. Ad surprisingly they have passed my request to the appropriate department? Not sure what department it has been passed to.

 

I'm now considering sending the letter saying the account is in dispute and they have failed to meet their obligations. Is that correct? Today was the last day that they had to supply the info.

 

Checked CRA again and the debt does not exist in my report.

 

Just wondering what your thoughts are with regards to the response from 1st and my idea of sending the letter? All previous correondance to them have said quite clearly the account is in dispute.

 

If you could have a look at my waffle Brig, I would be very obliged.

 

Thanks again Brig. Your incites are excellent.

Edited September 27, 2012 by gpp

[BRIGADIER2JCS]

Sounds like a very poor attempt at a recon, the document must be easily legible and must have your name and the address at the time the agreement was signed together with the Ts & Cs at that time and any amendments and the Ts & Cs when the account was closed.

 

So an account in dispute letter is in order.

 

To The Compliance Manager

Ist Credit.

 

Ref: As on their letter.

 

 

Dear Sir or Madam,

 

I refer toyour letter date xx xx xxxx in reply to my request for a copy of the agreement for the allged debt under sections 77/78 of the Consumer Credit Act 1974 and amendments, having now reviewed the documents provided and taking advice on this matter I do not believe that the array of poor photocopies are compliant with my request.

 

Having now sent a further request which I am informed has been passed to the correct department,I would not expect to receive the same useless documents again.

 

As IST credit failed to comply with my original request I now consider this matter formally in dispute and will not enter into further correspondence until a compliant document is produced in answer to my lawful request.

 

Please note this document is not acknowledgment for any debt, liability or obligation to 1ST Credit or any company you may claim to represnt.

 

RD.

[gpp]

Sounds like a very poor attempt at a recon, the document must be easily legible and must have your name and the address at the time the agreement was signed together with the Ts & Cs at that time and any amendments and the Ts & Cs when the account was closed.

 

So an account in dispute letter is in order.

 

To The Compliance Manager

Ist Credit.

 

Ref: As on their letter.

 

 

Dear Sir or Madam,

 

I refer toyour letter date xx xx xxxx in reply to my request for a copy of the agreement for the allged debt under sections 77/78 of the Consumer Credit Act 1974 and amendments, having now reviewed the documents provided and taking advice on this matter I do not believe that the array of poor photocopies are compliant with my request.

 

Having now sent a further request which I am informed has been passed to the correct department,I would not expect to receive the same useless documents again.

 

As IST credit failed to comply with my original request I now consider this matter formally in dispute and will not enter into further correspondence until a compliant document is produced in answer to my lawful request.

 

Please note this document is not acknowledgment for any debt, liability or obligation to 1ST Credit or any company you may claim to represnt.

 

RD.

 

Cheers Brig.

 

Thanks once again. Will send the letter tomorrow.

 

Will keep you posted with regards to any reply. It rang some bells as my logic would be that if you had the correct documents, one would hope that thy would send them so as to get the recovery ball rolling. And as you mentioned I'm wondering how many departments these people have!

 

Ta Brig, will let you know how it goes.

[BRIGADIER2JCS]

Good luck.