Poke a sleeping lion?

[DesperateSusan]

Hi,

 

I have several credit card debts (MBNA(virgin), HSBC, RBOS, Cap1, B'Card) - the accounts have been circulating around the usual scabby DCAs - I have sent CCA requests in the past and usually have my postal order returned with a letter to contact the card company with the CCA request - I then find the debt is passed to another collector.

 

I have pretty well stopped replying to all of them. Eventually the DCA gets to the end of their list of threats and it is passed to the next collector in the chain.

 

I'm unsure of how this will reflect on me should anything ever get to court.

 

I'm also unsure of the basis on which a DCA is collecting - its hard to tell whether they now own the dent or the bank still owns it and they are acting as agents.

 

I'm at the point where I feel strong enough to take on one or two of these debts - and maybe even start paying one or two of them.

 

I'm also over 2 years, possibly close to 3 years into this and I can see the 6 year statute barred time isn't far away.

 

So, as a broad strategy, should I start replying to letters received? If so, in what way?

Is the CCA route still working?

 

Thanks,

 

Sue

Edited May 9, 2011 by DesperateSusan

[rebel11]

Hi des,

 

Have you got any Penalty Charges on any of these accounts, or have you been mis-sold PPI?

[DesperateSusan]

No PPI - but definately charges would have been raised before the accounts were defaulted.

 

This is academic, surely. Any refunds would be added (subtracted) from the balance wouldn't they? So, as I'm not payinh anything on the accounts atm, this is of no benefit to me.

 

It maybe something I can look to have removed from the account if a court determines that the CCA in enforceable.

 

Or have I mis-understood?

 

I guess I could do a SAR, but this risks waking a sleeping lion.

 

Sue

[rebel11]

Having the charges refunded to the account reduces the balance, you might decide to settle the accounts with a full & final settlement. Don't forget you would charge them Compound Interest for borrowing your money. Restitution.

It might be an idea to carry out some calculations and see if you want procede from there.

 

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Read number (5) in my signature.

[DesperateSusan]

Thanks - I doubt the charges will make much of a dent, but it is worth looking. As for a full and final settlement, that usually requires some money,, which I don't have

 

Do you have a comment on whether I should just leave well alone for the times being, which is the main part of the question?

 

Thyanks

 

Sue

[DesperateSusan]

Number 5 in your signature appears to be a game-changer - I hadn't heard the Carey v HSBC decision and it appears that the banks don't even need to provide a signature.

 

Hmm. More research needed, I think.

 

Thanks,

 

Sue

[rebel11]

The Carey Judgement wasn't all gloom and doom, if you find the full judgement have a look at the summary at the bottom, point (4), where the Agreement has been varied by the creditor, they still need to provide a copy of the original agreement with the latest Terms and Conditions.

 

What you could do is everytime they pass it to a DCA, lodge an online complaint with the OFT. The OFT send an e-mail.

Send a copy of that e-mail to the DCA, it stops that DCA in it's tracks. Don't forget to delete your e-mail address.

 

 

Number 5 in your signature appears to be a game-changer - I hadn't heard the Carey v HSBC decision and it appears that the banks don't even need to provide a signature.

 

Hmm. More research needed, I think.

 

Thanks,

 

Sue

[DesperateSusan]

A newbie CRA question ...

 

which CRA should I be requesting data from?

 

I've also moved house recently. I haven't told the DCAs about the move, but a couple have started sending me letters to my new address.

 

Do I need to mention both addresses?

 

Thanks for your help,

 

Sue

[BRIGADIER2JCS]

Experian (CreditExpert) and Equifax have free 30 day trials, and are usually the most accurate and upto date, Noddle (Call Credit) is free but not always very up to date.

You will need to provide addresses over at least 3 years, if you have registered for council tax you will have been entered on to the Electoral Roll so can easily be traced.

[DesperateSusan]

Thank you.

 

Sue

[BRIGADIER2JCS]

You are welcome.

[DesperateSusan]

Hi,

 

I have just plucked up the courage and got a free-for-30-days account at Experian. What I found isn't nearly as bad I I had thought it would be - they give me a "fair". What on earth do you have to do to get a bad?

 

Anyway, I have a couple of questions.

 

1) Should Lowells and Aktiv Kapital be marking defaults on my account? They are chasing credit card debts for cards that were defaulted.

 

2) I have a personal unsecured loan, it started off at £15,000 and is now down at £1000 or so. I've been paying £250 a month and haven't missed a payment. Should I see this in the report?

 

Thank you,

 

Sue

[matttye]

1) They can only mark one default per debt and they shouldn't change the date of it. If they have done so, you should try to dispute that with the lenders first and then credit reference agencies if that fails. If a debt collection agency buys a debt they can change the default into their name but cannot change the date of the default.

 

2) Yes.

[DesperateSusan]

Thank you.

 

I have some reading to do to make sure all is ok, It does look like the personal loan is on there.

 

Thanks again,

 

Sue

[BRIGADIER2JCS]

Lowell and Aktive are debt purchasers and are obliged to update the CRA files with their details when the aquire the accounts.

The default date must be the same as that placed by the original creditor.

As to the loan if it's not showing on Experian it may be that the lender does not report to that agency

or only starts to report if there are problems with the account.

[DesperateSusan]

Looking through my credit report, some of the credit card debts have "satisfied" marked against them.

 

What does this usually mean?

 

They are original debts, ie capital one, I'm not being chased by them or a dca.

 

The default dates were in 2009.

 

Thanks,

 

Susan

[BRIGADIER2JCS]

''Satisfied'' rather than ''settled'' usually indicates the account has been defaulted and the ''default'' has been remedied by sale of the account to a debt purchaser or you have perhaps made a ''full and final'' offer of payment at a lower amount than the actual debt.

If no DCAs have contacted you yet then please keep a look out for searches being made on your files by them, debts are as bulk portfolio and it can be some considerable time before collection activity starts.

[DesperateSusan]

Thank you.

 

The accounts were defaulted a few years ago. I have had many debt collectors over the years, but I'm down to just 2 active DCAs: lowell and aktiv.

 

Thanks again,

Edited April 19, 2013 by DesperateSusan

[BRIGADIER2JCS]

So they will be removed from CRA files in 2015, be very watchful for searches to your files, if you have only checked one of the 3 main agencies it would be worth checking the others as some DCAs will not post data on all of them so it's easy to get fooled into thinking files are clear.

[DesperateSusan]

I have checked Equifax and Experian ... I must remember to cancel before my free period runs out ... is.the 3rd one CallCredit? Do I see that onethrough Noddle?

 

Thank you

[BRIGADIER2JCS]

Yes Call Credit is the 3rd agency, its offshoot Noddle uses data provided by CC but is not always reliably up to date, may be best to go to Call Credit directly.

[DesperateSusan]

Hi,

 

Following the break up of my marriage I moved in to a granny annex that a friend had empty.

 

I don't have a different address - I use the same address as my friend. That is I use 66 My Street rather than 66A My Street.

 

I have a number of credit card debts which I have been ignoring for some years and have been watching them pass from one low life DCA to another, and ignoring their phone calls.

 

A couple of days ago BCW called my friend's house phone and asked to speak to me. My friend being a kind, helpful person took a message - why would they not, it could've been something important - rather than saying that I was not available on that number.

 

How they got the number is beyond me - I have never used it or given it out.

 

Knowing how DCAs work, it is likely that they will call again, probably on a daily basis.

 

What should I do to stop the calls to my friend?

 

I don't want to call BCW. I don't really want to write to them as it will confirm my address (though they presumably got that when I changed address at the bank through the CRA info).

 

Thank you,

 

Sue

[wiseajak]

If they ring again instruct your friend to just hang up. \

If they ring and you answer just say contact me in writing only and hang up. Do not answer any of the security questions.

 

You have to write to them, just be brief and say that you wish to be contacted in writing only and to remove this or any numbers from their records, failure to do so will warrant a complaint to oft and other relevant governing bodies. \

 

Ignore threats of doorstep goons also. They have no powers, just to be safe id include that in your letter, removal of their implied right of access. Any persons sent to your door after that notice will be trespassing and you can have them removed via old bill. (Police)

As for confirmation of address do they know you live there?

Question also how they got you friends number, probably an underhand way of doing so. }

[DesperateSusan]

If they ring again instruct your friend to just hang up. \

If they ring and you answer just say contact me in writing only and hang up. Do not answer any of the security questions.

 

Thanks.

 

Sorry, I should have said - although it is a granny annex, I have no access into my friends house or the use of their phone.

 

It is for all intents and purposes a separate dwelling with its own front door, but a shared letter box.

 

Sue

[DesperateSusan]

I was thinking of getting my neighbour to send a "cease and desist" letter to BCW, if the calls continue.

 

Is it worth it? Would they take any notice of it?

 

Sue