M&S, changed from Storecard to Creditcard .

[ajs444]

Hi PPC, last fishing trip from a DCA was May, just ignored them, they just hope people will feel threatened and scared and pay up to get them to go away.

 

The Santander case wont even be on their agenda unless we raise the question.

[ajs444]

Well a letter from Lowells dropped through my door this morning in reply to my original letter to them, apologising for the delay (12 months!)

 

Surprisingly they attached letters from the FOS that were sent to me, I believed in confidence.

 

Surely this is a breach of the information act by the FOS, or am I wrong?

[ajs444]

The letter from the FOS to me was sent to M&S for their files, basically said FOS was sitting on the fence regarding enforceable agreement and they (M&S) should go to court for a decision, which of course they didn't.

 

Debt drops off CRA file November this year, will just have to string them along till then.

[ajs444]

I have some markers on my Credit file that are due to be "extinguished" within the next 6 months, just need some advice and confirmation:-

 

1. In Scotland the debts are Statute Barred after 5 years?

 

2. Is it from date of last payment or default date?

 

3. Will it happen automatically or do I have to write to each of the Credit Reference Agencies, or do I write to the Data Controller of the company involved?

 

Any help would be appreciated.

[dx100uk]

1. yes

 

2. last in/out or written and sign ack of the debt.

 

3 no.

 

just because you are in Scotland

 

doesn't mean SB=removal from cra files.

 

there is no link between SB date and default date.

 

a cra account will stay there for 6yrs from the date of the defaultor

the date of last transaction/ack.

then in will vanish

 

whichever is the sooner.

 

dx

[ajs444]

So you can argue with DCA's that it is SB'd but it will still be on CRA files till 6th anniversary?

[dx100uk]

argue...

 

its for THEM to prove its NOT SB'd

 

not for you to prove IT IS.

 

DCA's often use the ruse of its on your cra file to legitimise their fleecing tactics.

 

again, SB date has NOTHING to do with any default dates on your CRA file.

 

now

 

what is this all about

 

how many debts?

 

have you fired off any CCa request to the fleecers?

 

if the debt IS SB'd

then no paperwork will be availiable,,,no debt exists.

 

dx

[ajs444]

Main one through M&S, changed from Storecard to Creditcard automatically, have argued all points, now in hands of lowells, who I am fobbing off just now.

 

Have looked at CRA file and Lowells own the debt, default date of 02/08/2009 but last payment made 05/11/2008.

[dx100uk]

end of problem:

 

http://www.bbc.co.uk/news/business-17670803

[ajs444]

Ta dx100uk, Yes, I know about the case, but was just trying to figure out when my Credit Rating would rise.

[dx100uk]

as post 2 then..

 

dx

[IdaInFife]

Agree with DX the debt will not fall off your CF til 6 years from default date

[ajs444]

Only problem is that there is 9 months difference between the last payment date and the default date, can I challenge the CRA regarding this?

[dx100uk]

then you need to challenge the OC

 

however I think the whole account should be totally removed if post 6 applies.

 

dx

[IdaInFife]

The last payment does not equal thedefault date and you need to go into default AFTER the last payment.

 

Approx 6 months is a reasonable time after the last payment for a company to default you so I would say it is correct.

[ajs444]

Getting totally fed up with Lowlifes, letters arriving weekly now, just ignoring them, you would think the difference between Storecard and Mastercard would give them a clue.

[IainHL]

Well I don't know what it was that I said in my letter to Lowell, but M&S agreed to take it back from them. M&S then proceeded to write me a long letter stating all the same stuff they had said previously, prior to us reaching stalemate and them deciding to sell it to Lowell in the first place!

 

As you say, it is interesting to observe M&S's reluctance to go to court on the matter.

[ajs444]

Well letter from lowells this weekend saying they are going to send someone round, no you ain't.

[citizenB]

Well letter from lowells this weekend saying they are going to send someone round, no you ain't.

 

How can they if this is now back with M&S ?

[ajs444]

They never returned my case back to M&S, Lowlifes are just playing letter ping pong, the 3rd DCA I may add.

[ajs444]

Last payment made November 2008, since I stay in Scotland, SB'd after 5 years?

[ajs444]

Account now closed, AMEN!!!!

[citizenB]

Excellent news

[prettyprincesscharlie]

Excellent news

 

Congratulations! Bet it's a big relief. X

[ajs444]

One down, few more to be worked at.