contacted again,after 6yrs by DCA

[adinuf2]

Hi , I last posted on the site in 2008 about a credit card debt , l had arranged with the creditor to freeze the account and pay x amount a month in 2006, then without telling me they sold it to a DCA so l paid them as arranged but then ended up in hospital and missed my payments, l was then contacted by another DCA to pay up or else, by this time I'd seen your site on got some good advice and sent off the appropriate templates, ie telephone harrasment and consumer credit act 74 and enclosed £1.00 p/o. They wrote and said they would forward my request to their client and should here from them shortly this was DEC 2008 and have heard nothing from anyone until recently. I recieved a statement from Lloyds recoveries outlining the payments I'd made from 2004 till 17-1-07 and a payment made of £1.00 on the 11/6/08 which I believe was for the request of the credit agreement. Is this debt statute barred ?. I now have had 2 calls left on my answer machine from another DCA asking me to ring back. I have not answered any letters or phone calls to these people yet. After paying off approx £500 the debt is still the same according to Lloyds letter. I hoe someone can advice me on this and thanks for reading.

[renegadeimp]

When was the last time you made written acknowledgement of the debt and made your last payment? If they say the £1 was a payment then they have made a big error.

 

Also, are you in england or scotland?

[adinuf2]

Thanks for getting back to me so quickly, I'm in England, my last payment was £25 according to the Lloyds statement and was on the 17/1/07 then after was the so called £1 payment on 11/6/08. Looking through the paperwork I have, my last letter was dated 15/12/08 stating the s.77/78 consumer credit act 1974 this was to 1st credit, (3rd DCA I'd had to deal with on this matter) I don't know if this letter is an acknwledgement of the debt.

[renegadeimp]

Ok. Then the debt seems to be statute barred. The £1 was clearly misappropriated to the debt and should be complained about. Fire off the SB letter and a complaint letter to lloyds about the £1 and go from there.

[adinuf2]

Righto, thanks for that I'll write off to them, meanwhile should l continue to ignore the DCA thats trying to contact me ?

[renegadeimp]

If thats the DCA that has only contacted you by phone, ignore them. Only deal with the ones where you have something in writing.

[adinuf2]

yes this is the only DCA to contact me since Dec 2008, just a thought though the statute barred letter to Lloyds, will this not start the ball rolling again by admitting the debt as this has not been quite 6yrs.

[renegadeimp]

Find out who owns the debt and send the SB letter to them. If lloyds sold the debt ( very very very likely), then they wont care if its sb or not.

[adinuf2]

how do l find out who owns the debt

[renegadeimp]

Check your credit files. It will have the name of the owner listed on the debt. Thats if it hasnt already been removed from your file. SB date is normally a little before the removal. In any case, check all 3 agencies and see if its there. Agencies are equifax, experian and call credit.

[adinuf2]

OK will do, Thanks

[BRIGADIER2JCS]

Use the free trials on Experian & Equifax *remember to cancel before the 30 days are up, by phone and in writing*

Call Credit has a free offshoot called Noddle it's not always up to date but should be OK in your case.

 

 

A properly worded Stat. Barred letter does not affect the status of the debt.

[adinuf2]

thanks Brigadier onto it now, whats the reason for getting 3 reports, do they vary ?

[BRIGADIER2JCS]

thanks Brigadier onto it now, whats the reason for getting 3 reports, do they vary ?

Hi, Quite often the reports will vary, or will have a differing interpretation, dates of defaults/last payment even amount allegedly owed.

 

 

Also some creditors do not report to all 3 agencies or will use a different agency for varying financial products.

 

 

The most reliable in my experience are Equifax and Experian. I use both personally and professionally.

[adinuf2]

thanks for that , I have just got a report from Experian but it does'nt report any debt figure or who I owe but it does show , ''1 negative factor'' I assume this is the one to be interested in but there is no other details, please advise , meanwhile I''ll get a report from Equifax, thanks again.

[adinuf2]

Hi, I've just read through the 2nd credit report this one from Equifax and like the Experian report there is no mention of a debt or any payments made. Meanwhile had 2 more calls left from a DCA which I have ignored, should I now send a SB letter in answer to the Lioyds letter I recieved a few weeks ago or just wait and see what there next move is. PS, Ignore the negative factor bit in my last post,did'nt quite understand the report till read twice more.

[ericsbrother]

sne the letter and remind them that further calls will be considered as harassment and reported as such.

[adinuf2]

hello ericsbrother thanks for the reply, just a thought, should Lloyds have let me know they were using a DCA

[BRIGADIER2JCS]

You should have had " notice of assignment" from Lloyds the DCA or both.

[adinuf2]

nothing from Lloyds in that respect, as for the DCA they have only left messages for me to contact them which because of past dealings with DCA's I,ve ignored.

[BRIGADIER2JCS]

Until a DCA contacts you in writing do nothing.

[BRIGADIER2JCS]

The " one negative factor" could be one of many things, e.g. Not on Electoral Roll, numerous credit applications, available credit near limit, to few or no active credit accounts, 1 late/missed payment etc.