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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Old debt - please help


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Hello, I am new to forum's but I have read the previous entries and I feel you can help me.

 

Like many people I too found myself in the unfortunate position of losing my job and unable to continue paying off my loans, rent etc approx 12 years ago.

 

I did pay a visit to the CAB at the time who told me they couldn't help me and advised me of the 6 year rule!

 

I have now got my life back on track but I am ashamed to admit I took the advice concerning my larger debt of £14k.

I have moved address several times, not on purpose to avoid anyone - just how life turned out,

and I have heard nothing from my lender nor have I made any contact or payment.

 

I recently had cause to check my credit rating and no CCJ's were present.

 

Over the weekend a friend of a friend passed on a letter sent to my last address by a collection agency seeking payment.

I have read about the statute barred and I probably fall within this category but I do have a dilemma.

 

If I were to respond then I will be acknowledging receipt of their letter and possible further action.

 

I could choose to ignore it as I no longer live at the address to which the letter was sent, however, I am in such a panic now and worried how this could affect my new life.

 

I am still in the unfortunate position of not being able to pay this debt but I now have a home and family.

 

Can someone please advise me of the best course of action to take?

 

Your help is very much appreciated.

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Hi, thanks for taking the time to help me.

 

At the very latest, the last payment would be 2001. There is no mention of this debt on my last credit search which was about a year ago. The letter was sent by clarity on behalf of arrow global who were not the original lender. They have offered a 25% discount to resolve.

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Hi Welcome to CAG,

 

Statute Barred = 6 years with NO payments or written acknoledgment of a debt (5 years in Scotland).

 

You most certainly need to lay ''the ghost'' of this debt otherwise it'll will haunt you so send the following letter to the compliance manager at the DCA chasing you now.It is up to you to choose which address you use the one the letter was addressed to or your new one, this letter does NOT reset the 6 year clock.

 

Ref: as on their letter.

 

Sir/Madam.

 

I am in receipt of a letter from xxxxxx dated xx xx xxxx in which it is alleged that I owe a debt for £xxx .xx , please not I do not acknowledge any debt to xxxxxxx or any company it may claim to represet.

 

Having now taken the opportunity to check my credit history I have concluded that any suuch alleged debt is statute barred therefore I will not makeany payment or offer of payment in regard to the alleged debt.

 

Should xxxxxx wish to dispute the status of the alleged debt I remind you that the onus of providing unequivocal proof of the status of the alleged debt fall entirely on xxxxxxx.

 

You will now cease to process all data relating to me and remove it from your records.

 

I am fully aware ofthe OFT Guidance on Debt Collection 2003/2012 and the sections regarding the pursuit of statute barred debt.

 

 

This is my final response.

 

Send by recorded delivery.

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You have no idea just how big a relief that is to learn. My thanks to you both for your help and advice and I will send the appropriate letter today, even though today was their deadline for a response! Oh just one more question, if a CCJ was issued back nearer the time which has subsequently dropped off my credit file, would that change things? Quite paranoid following the panic now!

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A DCAs deadlines are arbitrary and meaningless, their letters a full of threats about what they ''may'' ''might'' or ''could'' do!!

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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CCJs have''life'' of 6 years if the judgement has not been enforced within 6 years the claimant must bapply to the court to restart proceedings, this is only given in exceptional circumstances.

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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You can find out if there are any CCJs in your name by searching trust online.

 

http://www.trustonline.org.uk/

Have we helped you ...?         Please Donate button to the Consumer Action Group

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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get that CRA file

then you'll know for sure!

 

see below

 

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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