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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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PastDue Credit Solutions chasing me for statue barred debt.


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[ATTACH=CONFIG]56956[/ATTACH]Hi there,

 

This is my first post here.

 

 

Firstly, I live in Scotland and know that after 5 years a debt is statue barred and after 6 years it drops off your credit report.

 

Six and a half years ago I had a 2nd job as an Ann Summers Party Rep.

I didn't pay off the rest of my account with them when I finished parties in Nov 2008.

 

 

Now this company has started to chase me for the money.

This account has NEVER shown on any of my credit reports.

 

I received first letter and as I knew it was over the time frame,

I replied with the statue barred letter from this website.

 

I today received another letter acknowledging my letter

and they have asked me to confirm details with them.

 

What should I do next?

 

I have attached the letters

Thanks for any help.

Edited by Ollymursfan
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seems no need to give them any details, is either barred or not, surely they can work that out without further details from you, its their claim to prove? why are they asking for data protection info! a barred letter doesnt require such?

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I thought it was odd for them to ask that. I think they are possibly just phishing or stalling but unsure what to do next.

 

The address they provided was a previous address of mine but from almost 5 years ago.

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Dont confirm anything. Dont even reply to it. They cant do anything, and a settlement offer means they know very well its a bad debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The address they provided was a previous address of mine but from almost 5 years ago.

 

 

that might explain their letter then.

but, imo, ignore atm. let them work things out.

see what others say though :)

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Do you think I should maybe send the 'prove it' letter?

 

My instinct is to ignore it as I know its over the 6 years so they cant enforce me to pay it.

 

And as its not showing at all and never has showed on any of my credit files, it wouldn't affect my credit rating.

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Dont send them anything. As i said, they know its a bad debt which is why they are offering a settlement issue. Even though they know that they could NEVER get a single penny from you, they will still try.

 

Also, if a DCA are continuing to chase you, despite knowing the debt is statute barred, they are in breach of their credit licence, and official guidelines on debt collection. You really need to report them. This isnt a one off thing for you. They do this as their business practice.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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where were you resident when you started the rep work

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and was that in Scotland?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then the debt is extinguished, dead, gone , parrot

 

 

it does not exist there is no debt to chase

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So they are just trying their luck then.

 

Yes, but you need to report it. You could play with them and say " what debt? I live in scotland. No debt exists".

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So they are just trying their luck then.

 

 

yep just as every DCA does

 

 

pay us some free money that goes direct to our pockets

so we can send out 10'000's more letters to find mugs to fleece

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dont waste a stamp on relying, just let them waste their time and report them if they do persist. SB doesnt make the debt disappear, just impossible to enforce so they are entitled to ask you to pay 9until you tell them not to harass you thus). That is the point of the SB letter, they are then instantly aware that their action IS harassment if they continue.

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dont waste a stamp on relying, just let them waste their time and report them if they do persist. SB doesnt make the debt disappear, just impossible to enforce so they are entitled to ask you to pay 9until you tell them not to harass you thus). That is the point of the SB letter, they are then instantly aware that their action IS harassment if they continue.

 

 

the op is in Scotland

the debt is EXTINQUISHED TOTALLY

cannot even be chased

 

 

unlike E&W..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would like to add regardless of it being SB or not SB (See what i did there? ^__^) ... PDCS are a no powers DCA that will NOT take you to court.

Imagine a dog with no fangs... There you go...

 

Ignore it... You dont need to give them any info...

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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It is my understanding that unless they are told that the debt is statute barred and the OP will not be making any payment, then they do have the right to pursue. Once the OP has made it quite clear that it is SB and they wont be making payment, then any further pursuit can be classed as harassment !

 

Link to the SB letter for Scotland below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387433-Statute-Barred-Letter-SCOTLAND-**Update-21st-April-2014**

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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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It is my understanding that unless they are told that the debt is statute barred and the OP will not be making any payment, then they do have the right to pursue. Once the OP has made it quite clear that it is SB and they wont be making payment, then any further pursuit can be classed as harassment !

 

Link to the SB letter for Scotland below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387433-Statute-Barred-Letter-SCOTLAND-**Update-21st-April-2014**

 

CitB is correct, You must tell them its SB.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Then ignore and report them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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