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Questions relating to credit file entries and statute barring - claim now issued**Discontinued**


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I apologise if this is the wrong subsection, I was a little daunted by the huge amount of information available!

 

I've spent the last 24 months trying to sort my financial life out.

I was pretty lucky that both my mortgage company decided not to act upon my huge arrears

and the local council took back a massive debt from the bailiffs and allowed me to pay them direct.

This month marks the point where the mortgage is up to date and I have 2-3 payments left on the council tax.

My gas and electric repayments also end in September.

 

This relative turnaround in my situation has left me wanting to sort out other 'non-essential' horrors from my past,

and because of this yesterday I applied to look at my credit files via Equifax, Experian and Noddle.

All were interesting reading, but left me with a few questions I was hoping you could help with.

 

1.) For many years I have been chased by Robinson Way for debts relating to Carphone Warehouse O2 accounts.

From memory I think there were 4 separate accounts, with different amounts ranging from around £200 to £854.

 

At no point have I responded to Robinson Way, nor communicated with them via the phone.

Relatively recently I received a letter telling me that one of the accounts had moved to another agency,

and there were two companies mentioned and I can't quite remember how it was worded,

but Hoist (?) and drydensfairfax both were named.

 

Yesterday I noticed when I looked at the 3 files than only one account shows, the one for the highest amount (unsurprising!).

 

Coincidentally I also received a letter yesterday from drydensfairfax asking for payment for an account related to Hoist for £244.

I'm putting two and two together and believe this is somehow to do with one of the old O2 accounts.

 

 

This has opened up a few questions in my head;

  • Why is only 1 O2 account showing on my credit file?
  • Why are drydensfairfax chasing me for a debt that does not appear on any file?
  • What's happened to the other 2 accounts?

2.) The O2 account worth £854 is approaching 6 years old.

Below I've put links to images from my credit files;

Equifax and Experian in that order and it does not show up on Noddle.

Apologies for the broken links but I don't have the correct permissions yet.

 

i.imgur. com/tlNYrBc.png i.imgur. com/8DDRbmx.png

 

 

My questions here are;

  • Why do Equifax and Experian show 2 different dates for 'last updated', 19/05/2008 and 28/03/2010 respectively?
  • From the information you can see on the images when would this debt be statute barred?
  • If I decided against statute barring (if possible) and wished to settle the debt how would I go about finding who the current owner is?

3.) Showing up on all 3 files is a debt relating to EverythingEverywhere, T/A Orange. Again, please find a (broken) link to an image detailing all 3 reports.

 

i.imgur. com/4ztmQfh.png

 

 

Two of the same questions as above;

  • When would this debt be statute barred?
  • If I wished to pay how would I find out who owned the debt?

4.) Experian and Noddle show two debts to Provident.

Under Equifax there're both marked as 'default' and 'satisfied' and have a 'partial settlement' note.

Under Noddle both says 'satisfied'

Both lenders report final defaults in December 2009.

I'm confused because as far as I recall I have not partially settled these, to any degree at all!

 

 

Questions are;

  • What effect do these have on my rating?
  • Am I correct in thinking that I would not be chased by any Debt Collection Agencies for these?
  • Are these debts in effect 'finished'?
  • Would these defaults be removed in December 2015?

Many thanks for reading this whopping massive wall of text, any advice from you guys would be much appreciated!

 

Matt

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Hi, I will try to answer your questions individually, first just a few guidance points:

 

(a). All defaulted accounts are removed from CRA files on the 6th anniversary of the default paid or not, the debt cannot be defaulted again or reported on CRA files.

(b). A debt becomes statute barred (unenforceable in court) after 6 years if there has been no payment or unequivocal WRITTEN acknowledgment of the debt in 6 clear years (5 in Scotland), in England and Wales the debt still exisits and the ''creditor'' can still seek payment. In Scotland the debt is extinguished.

©. The OFT Guidance On Debt Collection states '' it's is unfair to pursue for payment (of a statute barred debt) once the debtor has informed the creditor in writting that the debt is statute barred, to continue to do so may amount to harassment.

So to Q1

The other accounts may already be over 6 from the default date and have been removed.

DrydensFairfax will not be aware of the status of the debt and it may already again past the 6 year period for SB.

The cuurent owner will be the company shown on the CRA files.

It's not really worth making payment if the debts are statute barred it will have no advantage as to ''credit rating'' as they are removed from the files anyway.

 

Q2. (a). Noddle is not always up to date and is not as reliable as the other agencies.

(b).Stat Barrred as explained above an indicator is that if the debt has been removed from files it's 6 years + old, and as defaults are placed 1-6 months after the cause of action ie the date a payment was due and not made after which no further payment was ever made.

©.Owner as above.

 

Q4. The Provident accounts-For an explanation of this you will need to Make a Subject Access Request (SAR) to Provident to get them to provide ALL the data they hold on the accounts which will include the details of the ''partial settlements''.

These defaults will be removed December 2015.

 

Finally any default is usually an instant bar to getting any credit.

No it is quite likely you will be pursude for payment and the ''owners'' may offer ''discounts'' du to the age of the debt.

As said the defaults will be removed after 6 years paid or not.

 

I hope this helps, let me know if you need further information.

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  • 1 month later...

Apologies for digging up this old(ish) thread but I've received two letters today I would appreciate advice on.

 

Apologies in advance for the broken links :(

 

Firstly I have this letter from a company named Legal Recoveries & Collections Ltd. Please find a link to a scan imgur. com/LZlH2Kg.png

 

If you note the top of the letter it contains what I'd believe to be the key information.

The original debt to HFC bank would be, at a rough estimate, around 9 years old.

It seems then to have been transferred to Lowell Portfolio on 17/08/2006.

At no stage have I contacted Lowell, or admitted this debt to them in any context, nor made a payment.

There is also no reference to this debt on my credit files.

 

If I look at the helpful advice above from BRIGADIER2JCS above I would believe this debt to be statute barred.

Would the suggestion be to simply ignore this company or to send them a statute barred latter.

If the latter, would this be the correct template to use and would you recommend any alterations?

consumeractiongroup .co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

The second letter is from a company called Buchanan Clark & Wells. Again, please find a link to a scan imgur .com/SkBAPop.png

 

At a guess I'd say this is relating to one of the O2 accounts mentioned on the first post,

however the amount is different.

With this debt though I cannot be certain it's over 6 years old.

How would you advice proceeding?

Any particular letter to send or simply ignore for the time being?

 

Thanks in advance for you help.

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Hi SB = 6 clear years (5 in Scotland) with no payment or written acknowledgment of the debt.

Is o2 debt showing on CRA files?

 

This letter can be used for both debts it does no affect the 6 year clock so can be used without concerns on that.

 

Send by recorded delivery and check delivery.

 

The Compliance Manager

xxxxxxxxxx DCA,

 

Ref: xxxxxxxxx us theirs.

 

Sir/Madam,

 

I refer to a letter dated xx xx xxxx in which it is alleged that I owe a debt for £xxx .xx originating from an account with HFC Bank, please take note I do not acknowledge any debt to xxxxxxx or any company it may claim to represent.

 

Having reviewed my credit history I have concluded that any such alleged debt is statute barred, therefore I will not now or in the future make any payment or offer of payment.

 

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

 

I now require xxxxxxxxxx to remove all data relating to me from its records and to confirm in writing that it has done so.

 

This is my final response.

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  • 2 weeks later...

Hi, don't panic we are here to help, can you post up redacted copy of the Particulars of Claim (POC) so we can see what they are at please, then all I'll alert others to take a look as well.

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To give some extras here, I don't believe the details in the bottom left corner to be correct.

 

This agreement would have been taken out mid 2004. I then moved home at the end of 2004/beginning of 2005 and soon after than changed bank accounts. I wouldn't have updated the payment method to be changed to my current bank.

 

I've just spoken to my bank who have confirmed no payment was made to Lowell Portfolio on that date, or indeed ever.

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Sorry the link does not work.elivery.

Reading back over the thread and the new information I think the debt is statute barred.

 

So send the letter now, use RM recorded/signed for d

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Sound like manipulation of the data here, Lowell attempting to get round a challenge on one of the 'mystery' payments.

On thought though could you have paid anything to the OC.

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Thanks for sorting that link for me, IMS21, I've not hit the required post count yet!

 

BRIGADIER2JCS, I believe when the agreement started in 2004 I would have paid the correct monthly instalments but around 6 months later I would have stopped and not paid since. I can say with certainty there's been no payment made to the OC, nor Lowell, in at least the last 7 years.

 

Is this still a case of send the SB letter? Who should I send this to, Lowell, the solicitors firm representing them, or the court? And if not the court, how should I deal with them? I'm not sure how or if I should fill in the forms they've sent.

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Send a copy to Lowell, and one to the solicitors, mentioning the details on the POC are wrong.

 

If you want I can draft this for you.

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I would love you forever if you would. Definitely added to my Christmas card list.

 

So I just leave the court then? The other two will get in touch with Northampton Court?

Refresh my memory please been having some computer problems.

 

Have you sent in all the relevant doc (acknowledgment of service)?

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Refresh my memory please been having some computer problems.

 

Have you sent in all the relevant doc (acknowledgment of service)?

 

I've sent nothing yet, the letter arrived this afternoon and the very first thing I did was post on here for your advice :)

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OK just send off the acknowledgment of service and state that the claim will be fully defended, then I'll try to cut it off before it goes further saving time and cost.

I'll try to get the letter done this evening if not tomorrow.

 

BTW don't stress over this!!!!!

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If I get confused over anything when I'm filling it out do you mind if I post back for more advice?

 

Of course, please do.

Follow the instructions on the form they are quite logical.

Edited by BRIGADIER2JCS

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Hi, I haven't fully read your thread but can you just answer a few questions.. then we can pop you on the right route..

 

You say that you haven't made payments to the account for over 6 years, in which case it is statute barred. But you need to make absolutely certain. Do be aware that some DCAs have a habit of finding "phantom" payments so you would need to demand to see payment slips/cancelled cheques/postal order numbers. If paid in cash via a bank, then you would be wanting date and time of payment/ branch etc.

 

Can you please let us know the date of issue of the claim form - you will find this at the top right hand corner of the claim form. From that we can give you your timeline which it is most important to adhere to.

 

Can you please let us know exactly what it says on the claim form.. the reason they are making this claim.

 

Ok.. just going to have a read of your thread properly, and most likely embarrass myself to find that you have already answered these questions !!

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Ok, well - you have posted up the POC so I have the information required.

 

Your timeline is..

 

Date of issue 30th May + 5 days for service = 4th June + 14 to acknowledge = 18 June + 14 to submit defence = 28 June. So we have a little time in hand.

 

You must acknowledge the claim online by the 18th June and you should tick the box that you are going to defend and want the extra 14 days.

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BCOBS

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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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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You need to send the following CPR 31.14 request to the Solicitor - I am not happy that they have a PO box address as you will need to send the request via Recorded delivery.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county courtlink3.gif.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

4 the termination notice

 

5 Statements or statement of account from inception showing how the balance claimed has accrued. To identify any default/penalty charges applied to the account.

 

 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

I am just going to draft a CPR 18 request that you will need to send with this - this will be for information regarding the payment they say you made in 2007

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5: Forum rules - These have been updated - Please Read

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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

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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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This odd thing here is that Lowell have added a rider on the claim that the last payment was made 07/2007 to much of a coincidence that they are now issuing a claim!!

This must be stopped before AQ stage if possible, will draft that letter in the morning.

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Here is the CPR part 18 request - you can enclose it with the CPR31.14 above.

 

 

[ATTACH]44319[/ATTACH]

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

5: Forum rules - These have been updated - Please Read

BCOBS

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

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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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