Debt I have been paying to CL Financa not on any credit files?

[innamess]

Hi,

 

Can anyone advise please?

My wife and I are in a lot of debt, unsecured totals £40K.

 

It's made her really ill lately because she has always dealt with the debts and bills but it has taken it's toll and she sees no end

 

I am trying everything to get organised and try and sort this once and for all.

 

I have applied for all of our credit files from the 3 main agencies

and I am stunned to see that she has been paying CL Finance every month for a debt that doesn't even show on my credit file.

 

After delving through masses of paperwork and threatening letters

I can see it's a debt from a credit card I had years ago although I can't find any evidence of a reliable balance or anything?

 

they say that to date I owe them £3.5k but how do I know if this is right?

 

I'm sure I didn't have a card with a debt that large and she's been paying frequently every month for at least 2 and a half years!

 

anybody know why this isn't showing on any credit file?

 

I'm worried I don't owe this much and they are just using their threats to make us pay and have been adding on fees to up the amount?

[havinastella]

Hi

 

Send them the CCA request letter, see what they come back with. You shouldn't be paying for a debt you have no idea of.

[BRIGADIER2JCS]

If the debt was defaulted more than 6 years ago it will have been automatically removed paid or not on the 6th anniversary.

[innamess]

Thanks for that.

so will my other debts that defaulted drop off after six years and not show at all?

 

I ask because I have a very large CCJ which was dated jan 2007,

does this mean after the next update on my file in Jan it will no longer show either?

 

I thought it still showed but not as a default so that's good news if it does.

(Not that I EVER want to get credit cards or loans again!)

 

Would be interesting though if the defaults drop off as I may have a chance of moving in a few years as the mortgage company are more likely to accept us.

 

We currently have a mortgage for £118K and house value is approx £145K

but we have a secured loan too which is the biggest mistake of our lives and there is hope I could actually pay of the secured loan with a new mortgage and start afresh.

 

Thanks for your help,

 

I'm going to see if I can look into the balance though and see why it's so high after all this time.

Edited November 10, 2012 by innamess
year date incorrect!

[BRIGADIER2JCS]

Yes all defaults are removed after 6 years paid or not but that does not mean the debt does not exisist or is statute barred.

[BRIGADIER2JCS]

You need statements from CL asap something is odd here.

[Guest]

also, re #1, could consider doing a subject access request. this may provide info re original balance, transactions, any interest, logs, missold ppi, etc

[smithy70]

Just how many unsecured debts do you have?

 

I think a CCA request to all of them might be in order

 

Not every company registers defaults on credit files, I have one that isn't on mine.

 

When I sent a CCA request to CL finance

they quite quickly wrote back to me sayiong that they did not have the paperwork

and would no longer be chasing me for payment,

unless they found the paperwork.

 

Alas it was onlt for a few hundred quid

[innamess]

Just how many unsecured debts do you have?

I think a CCA request to all of them might be in order

Not every company registers defaults on credit files, I have one that isn't on mine.

When I sent a CCA request to CL finance they quite quickly wrote back to me sayiong that they did not have the paperwork and would no longer be chasing me for payment, unless they found the paperwork. Alas it was onlt for a few hundred quid

 

 

I have 3 and my wife has 5

but only 2 show on my file and

all 5 show on hers.

 

I think I need to SAR them. I

 

have sar'd everyone else as have been doing PPI claims

but this was missed as not on credit files

and I've only just found out she's been paying by going through loads of paperwork

and coming across a recent statement.

 

Not sure how much and for how long prior to the past 2 and a half years as that's all they go back to

but I am now thinking it must be as Brigadier said and dropped off due to length of time since default.

I'll investigate further and see what I come up with

- perhaps check payments through bank statements.

 

Thanks for your replies

[innamess]

Yes all defaults are removed after 6 years paid or not but that does not mean the debt does not exisist or is statute barred.

 

Thanks Brigadier,

I know I'll still have to pay everything I owe

and I'm happy to pay back whatever we have borrowed as we should do.

 

I'm just glad it drops off as it will make our credit rating look better in a few years

 

so hopefully they will allow us to up our mortgage so we can pay off secured loan and we'll be better off eventually.

 

It'll take a few years to start getting straight but I feel better now as I think these unsecured are going to take at least another 10 years to pay off

unless we cna get rid of that darned secured loan.

[dx100uk]

urm...

 

i hate to say it

 

but i smell a few cash cow accounts here

 

you REALLY need to get an SAR off to everyOrgibal Creditor you can too.

 

i bet there are heeps of unlawful PENALTY charges?

 

fouund any yet with the PPI stuff?

 

dx

[smithy70]

SAR's are great but as there are 7 debts that would cost £70 tyo do them all at once. In my opinion CCA them all now , then as each one comes back with the agreement then SAR them, one at a time. Helps spread the cost. Of course if you can do them all at once there is no harm in doing that

[dx100uk]

i think some are done as ppi has been reclaimed..hopefully

 

still cca ofcourse!

 

dx

[smithy70]

i think some are done as PPI has been reclaimed..hopefully

Sorry I missed that.

[innamess]

i think some are done as ppi has been reclaimed..hopefully

 

still cca ofcourse!

 

dx

 

You are indeed correct dx, we did all that showed on our credit files although only 2 had PPI (1 less than £200 as it was only on their for a few months before being cancelled) and 1 larger amount of approx £3k but they credited that off my CCJ which is good as it's not looking quite so scary now.

 

Will send of for CCA tomorrow.

 

Thanks for your help everyone.

[Bandit127]

Just a reminder that they should provide a statement of account with your request (your letter should ask for it though).

 

I also asked for a copy of the notice of assignment in my letter. They failed on both the statement of account and the notice of assignment.

[BRIGADIER2JCS]

Just a reminder that they should provide a statement of account with your request (your letter should ask for it though).

 

I also asked for a copy of the notice of assignment in my letter. They failed on both the statement of account and the notice of assignment.

 

The NOA is not part of a CCA request, the statement that should be provided only show the current state of the account.

[Bandit127]

Thanks for that Brig.

 

Rightly or wrongly, my letter had 2 parts. The CCA request and then the request for the NOA in the next paragraph.

 

Would you recommend 2 separate letters for that?

[BRIGADIER2JCS]

The NOA would normally form part of a a SAR to the original creditor.

[smithy70]

I suppose it depends how you phrase it. It could be that you ask for absolute proof that they have the rights to collect the alleged debt and until they do the account is firmly in dispute