SC Clearance & Dealing With Debt

[fkofilee]

So here we go folks. Ive been on the forum long enough to know that we don't condone debt avoidance but certainly help those who need it. Well its time for me to turn to you guys for more help.

 

I appreciate that you guys are the best forum on the net for this sort of thing so here we go.

 

My job Im in requires me to get SC clearance. Now I love my job and its the only thing holding me back is my credit history. Ive been very lucky in the past to avoid CCJs / Bankruptcy Proceedings due to some of the amounts, however i want to finally face up to the facts and hit it hard.

 

Ive attached my current credit report of defaulted debts and I am going to hit these hard. I would like to £100 a month towards them all an take my time to clear them out.

 

Now i know that for SC clearance they do a credit check and im worried about the level of debt i have. How could this affect my Chance at getting SC Clearance?

 

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[renegadeimp]

Have they all been defaulted? Have you reclaimed all insurances/charges on the accounts? I se eyou have a fair number of debts assigned to lowells. Its strange they havent tried issuing SD's on them. Perhaps SAR and get the right info before making any payments.

[fkofilee]

Yep,They have all been defaulted.

Now the SAR Request... Is it £10 per account or £10 for all information pertaining to me?

 

Question; IF Lowells have the incorrect address... is it true that they cant issue a SD as it has to be served to the individual directly?

[renegadeimp]

Well, if its defaulted, then they stay there for 6 years from date of entry, unless you can negotiate their removal as part of a F&F settlement.

 

As for Sar's. You send One sar to each OC. If you have 4 accounts with an OC, then only one SAR is needed. If there are 4 accounts with 4 different OC's, then 4 SAR's are needed. If it was me, i would check the debts, through SAR/CCA requests etc, then negotiate their removal as part of a LOW F&F settlement. Start at around 15% and see where it goes.

[fkofilee]

See whats interesting Imp is that like Cap One etc, Date of default is different to the last payment date.... Last payment was Aug 2011,

But Default date is 11/01/2012

 

The question about the SAR was mainly about Lowell... As they have 5 accounts, it would be £10.

I know its £10 per creditor.

 

Heres the interesting question though, Example for EE... is it £10 per Account as they are 3 separate businesses? Lowell for a fact have tried in the past to offer F+F Settlements over the phone and then when i ask for them in writing, they wont play ball. But i have never admitted liability to these debts although i know they are mine. Sometimes doing that has been a godsend to how to go about dealing with Lowell.

 

Also because Lowell dont have the correct address for me, Im worrying that sending them a SAR will allow them to catch on to where im currently living, which im trying to avoid. (I want to keep what im doing quiet around my household etc and dont want any letters etc turning up that i havent requested.)

Edited December 26, 2013 by fkofilee

[i hate bailiffs]

Do not SAR Lowell

Send it to the original creditor

[renegadeimp]

Date of default can be up to 6 months after the last payment date. In some cases, it could be a year or two after. However, the latter is rare and can be challenged.

[fkofilee]

Do not SAR Lowell

Send it to the original creditor

 

Problem is now IHB is that Lowell now own these accounts as per my Credit File. So my assumption would be that Lowell would now be the ones responsible for processing the SAR Request as the info would have been passed to Them?

[renegadeimp]

Nope.

 

i hate bailiffs is 100% right. The new owner wont have statements etc. ALl they will have is a line on a spreadsheet. The SAR must ALWAYS go to the OC. The only time you SAR the DCA is if you think they have been acting unlawfully. Changing records, dates, making up stuff etc.

 

For info on the actual debt, you must SAR the OC.

 

In regards to them processing the SAR. they are only obliged to process a CCA request.

 

A SAR is a legal request for them to provide ALL info they hold on you within the statutory timeframe. If you want the history of the account, you need to go to the OC.

 

I know i repeated myself in this post, but i wanted to make it clear.

[fkofilee]

Arh i see... Thats kind of interesting, SAR to a DCA i mean because they will accumulate data as the time goes on.

 

Well here we go then... could be a long fight here with Lowell me thinks and also Im worried that they wont accept my F+F Settlement.

I still think that its wrong that Lowell purchases the debt and then reports on it. I always believe it should remain with the original creditor... and they just "Administer" it.

[silverfox1961]

Lowell will not have bought just this debt on its own. They buy a portfolio of debts. The information they are given (amongst thousands of others) is the very basics of what they need to administer the account. This information is transmitted either by electronic means or by a CD.

 

The only data they will have is from when they acquired the debt, nothing from before so it is pointless sending them a SAR.

[fkofilee]

Hi SF... Oh i agree they wont buy it on its own, and that they buy them in Bulk...

And thats very true...

 

Im guessing that while i SAR the OC, Lowell need the usual "In dispute" Letter? Im actually raring up to do this.

[renegadeimp]

Arh i see... Thats kind of interesting, SAR to a DCA i mean because they will accumulate data as the time goes on. There wont be much data at all . Just a list of what THEY have done on the account.

 

Well here we go then... could be a long fight here with Lowell me thinks and also Im worried that they wont accept my F+F Settlement.

I still think that its wrong that Lowell purchases the debt and then reports on it. I always believe it should remain with the original creditor... and they just "Administer" it. Everyone in debt would agree to this. Unfortunately, it is perfectly legal and has been since 1925. Creditors regularly sell off accounts if it doesnt make good business sense to continue collections. The dodgy part is that they effectively 'double dip' on the debt, by claiming back through tax/vat and then getting money from the DCA for it as well..

 

Answered.

[fkofilee]

Ouch... The DCA Industry is rife with wronguns eh?

 

Right well will keep you posted on everything that happens.... Im hoping this will work.

Another thing... Say they cant provide "paperwork" etc to the debt and they cannot enforce it in court.... Although its still legally owing, do i have to pay it?

(I know that they can continue collection activities etc.and i know we dont condone debt avoidance, but it really sounds like a punishment to the DCA for not checking these things through)

[Stigman]

Sending an SAR to a DCA is wasting £10 of your money.

 

As above, A DCA will hold very limited data no matter how long they have the account, you will be lucky if you get one full A4 page back.

All it will contain is your personal details, nature of debt with balances, any payments to the DCA and account numbers.

 

Stigman

[renegadeimp]

Ouch... The DCA Industry is rife with wronguns eh?

 

Right well will keep you posted on everything that happens.... Im hoping this will work.

Another thing... Say they cant provide "paperwork" etc to the debt and they cannot enforce it in court.... Although its still legally owing, do i have to pay it?

(I know that they can continue collection activities etc.and i know we dont condone debt avoidance, but it really sounds like a punishment to the DCA for not checking these things through)

 

 

 

Yep. It is flooded with bad debts. However, DCA's are unscrupulous and will do ANYTHING to get you to pay.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?412665-Natwest-Capquest-and-CCS-Collect&p=4430753&viewfull=1#post4430753 Watch that. But be warned, it will make you furious. The sad thing is, every DCA is like that.

 

Regarding enforceability in court, it depends on the paperwork, date of debt, whether the debt was full of charges etc etc. There are various things that come into play. Your first step regarding a DCA ( if you want to make contact with them), is to send a CCA request and see if they hold even the basic paperwork needed to collect the debt. If they say they are reverting back to the OC for it, then they dont have the paperwork and shouldnt even be harassing you.

 

What paperwork you get back, you can post up and we can help you identify whether is is valid or not.

 

As for paying it if you legally owe it, thats up to you. If they dont comply with the CCA request, that doesnt mean the debt doesnt exist. It just means they cant get you in court for it. They COULD get a CCJ, but they stand no chance of enforcing it without the original agreement and terms if its a pre 2007 debt, otherwise they need a full reconstituted agreement. The only reason for them to go for the CCJ in this scenario, would be out of sheer spite.

 

In any case, the debt would still exist, but there would only be a moral obligation on you t pay it. Not a legal one.

[fkofilee]

Okay RI I see about the paperwork element, I will post it up here when i receive it back. I have a feeling this is going to be long drawn out.

Oh i know the debt exists etc, but would it make my Credit file look any better if it was settled?

[Stigman]

would it make my Credit file look any better if it was settled?

 

No, The Default will remain for six years regardless whether the debt was paid or not.

 

Stigman

[renegadeimp]

Stig is right. The only other option is to negotiate its removal. But its rare that happens.

[fkofilee]

Yeah... So actually settling an account doesnt improve the way your credit file looks?

Too me that sounds strange

 

Im raring to go though, appreciate everything, honestly i do

[ScarletPimpernel]

When you complete the paperwork for your SC, the main thing is to be completely open and declare your debts.

 

Bankruptcy might be a problem, but debts and even a CCJ or two aren't likely to be. There is a space on the form for you to add any clarification if you wish - so you can say if you are trying to negotiate with creditors, or are disputing debts, for example. DBS NSV are looking for evidence that you are dealing with things rather than just ignoring them and continuing to get into more debt.

 

The credit check that is carried out is just a check of one of the CRA's files (DBS NSV use all the main three, but only check one for SC). The credit check is just one part of the financial check -they also look for unexplained income and signs of irresponsibility (and debts don't necessarily mean that). I have heard, anecdotally, that DBS NSV are well aware that CRA files aren't always accurate.

 

You might be asked to give further details of how the debts arose in the first place (eg divorce or redundancy), how you are managing debts, or the situation might be reviewed (after provisional clearance) after 6 months or a year.

 

Finally, when you get the clearance forms, you'll get a covering letter which will give contact details for your desk officer at DBS NSV - they encourage you to talk to them and I'd recommend going over the best way to present your info beforehand.

[fkofilee]

Thank you Scarlet... Much appreciated and you've relaxed my worries.

[chiefengineer]

Agree with Scarlett. I did this many moons ago, and the chap who interviewed me explained that they have to consider your financial situation in case you are maybe susceptible to being bribed.

 

Jeremy

[fkofilee]

Just an update, Ive spoken to O2, Registered an official complaint and they are considering the default they currently hold on my profile, this is due to them registering it incorrectly and cancelling the account incorrectly.

[fkofilee]

Ive also sent this letter to Lowell today

I took a lot to think about how to word it correctly without being too OTT as i hate Lowell with a passion.

 

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