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1st Credit chasing old clydesdale Loan debt - help


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Guest purplemushroomfairy2

Hello,

First Credit bought a debt in 2014 that was 12 years old.

 

We had been paying the £1 a month to a firm previously,

I know, but at the time we hadn't realised we should have CCA'd everyone;

this one slipped through the net.

 

the debt had come off the credit file in 2013, although we were still paying.

 

We received a letter from First Credit in 2014 demanding payment; we CCA'd them. They don't have CCA.

 

We were checking the Credit file today, because by now surely after all this time the file should be as squeaky clean as it was in 2012

- no defaults everything OK.

 

NO!!! a credit score now of 1/5 because First Direct have replaced this very old debt BACK on the file as DEFAULT

- we are still trying to remortgage and now we know why we can't.

 

What can we do? I have reported this as inaccurate- but they never remove things anyway - this is pretty urgent.

 

Can anyone put the links to letters and CCA things we need to sort this out PDQ?

 

Thanks

Alison

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who was the original creditor, and when did you originally default?

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Are you saying that the OC registered a default on your credit reports and 6 years has passed and the debt fell of your report.

 

 

Now 1st credit has put the debt back on you credit report with a new default date? If so, very naughty indeed.

 

Not surprised though, they've just bought one of mine and brought forward the default by 6 months.

No doubt that when I point their error out and provide evidence, they will argue "whoops, admin error"

 

who was the original creditor, and when did you originally default?
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Guest purplemushroomfairy2
who was the original creditor, and when did you originally default?

 

I think it was a finance house used by Staples,

we bought a laptop in 2002 on buy now pay later.

 

 

When I tried to pay the balance using my credit card they wouldn't accept it

so we paid monthly until 2005 when our business collapsed .

 

 

It was sold to AIC who the cab told us to pay 1 pound a month to which we did until 2010

when I discovered this website and requested CCA which they didn't have.

 

We stopped paying , received a letter in 2012 jam telling is the account was closed .

It fell off the file in feb 2012 after six years .

 

In 2013 first credit, then Connaught collections wrote to is we CCA'd them, no CCA put on dispute .

 

 

First credit then put it back on file in October last year as default - didn't tell us,

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Guest purplemushroomfairy2
Are you saying that the OC registered a default on your credit reports and 6 years has passed and the debt fell of your report. Now 1st credit has put the debt back on you credit report with a new default date? If so, very naughty indeed.

 

Not surprised though, they've just bought one of mine and brought forward the default by 6 months. No doubt that when I point their error out and provide evidence, they will argue "whoops, admin error"

Yes exactly that - which letter do we now send and to whom?

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Yes exactly that - which letter do we now send and to whom?

 

You need to write to the Data Controller at 1st Credit and tell them to remove the Account at all of the Credit Reference Agencies, if they refuse then make a complaint to the Information Commissioners Office.

 

In the mean time, obtain your Credit Files from Equifax and Experian, a paper copy is £2 postal order, if you apply online for the free 30 day trial, please remember to cancel or your Card will be charged up to £14.99 per month at each Credit Reference Agency.

You can also place a notice of correction against the file until this is resolved, this means that if you approach any lenders for credit, they will have to manually read your notes against that defaulted file.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Ok will do, we are right then, they really can't do this can they.?

 

No,

Once the six years have expired and the entry has been removed by the Credit Reference Agencies it can never return.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I've always found noddle reliable in that the information is the same as that with the other agencys (default dates, ownership etc). Noddle is just slower at updating.

 

I usually check noddle every month and pay for a report from one of the other agency's approx every 3 months.

 

 

i assume your credit score of 1/5 was with Noddle, they are not so reliable, and are often out of date, you should get your report from one of the main CRA
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Guest purplemushroomfairy2
No,

Once the six years have expired and the entry has been removed by the Credit Reference Agencies it can never return.

 

Stigman

 

So, we should write to the data manager informing them that the alleged debt had been on the credit file from 2006 to 2012 and that it had been removed.

It has not been acknowledged since 2011 and had been placed in dispute.

I believe that Connaught collections who are also first direct do not have CCA.

Is there any legal speak I should put on the letters?

It can't be statute limited because we had been paying so it's only three years since we stopped - but if it has been on it can't go back on again regardless of limitation .

 

I think I am correct on that.

Sorry to be a bit thick but all of this has blown up again recently .

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Write to Data Controller at 1st C and demand removal from all CRA files

 

If they refuse complaint to ICO

 

Once initial default has been removed in 2012, it cannot be rereported

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 1 month later...
Guest purplemushroomfairy2

Hi all,

 

we wrote to them, enclosing previous letters etc etc

They replied stating 'F&^% you! we will do what we like'

wrote to noddle - who also stated that they coud do what they like.

About to complain via FOS, ICO and will write again to 1st Credit.

 

Is there any part of the CCA that states that once removed it can't be replaced?

 

They were throwing quotes around - inclduing the fact that they didn't need a true signed copy of the agreement, which I believe they did as the orinating date was pre 2007.

 

noddle have also refused to add a marker to the file.

 

After 14 years I really believed that the bad time in our life was finally over.:mad2:

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Have you any evidence that a default was registered over 6 years ago?

 

As to them throwing quotes around, they will have cherry picked those that are in their best interests. As to thier argument that they dont need a signed copy, what they really mean is if it went to court they would have to show "on a balance of probabilities" that there was a signed fully CCA compliant agreement on inception. It would then be your job to argue otherwise.

 

Did they provide a reconstructed CCA when you requested the CCA and its just the original they don't have?

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having or not a valid CCA is not required for whoever owns a debt

to be able to register whatever markers they like in the monthly summary

the only thing a debt buyer cannot do is change the original defaulted date issued by the original creditor.

 

the ico clearly state that:

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

NOTE: {the bracketed text is not ICO guideline but my advise]

 

you need a past CRA printout to show the defaulted date

or

get it from the original creditor via an SAR

 

once you have proof

simply send it to the new owners that have brought the debt back on the CRA file

or reported a different default date

 

give them 14 days to sort it.

 

then off to the ICO

 

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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  • 3 weeks later...
Guest purplemushroomfairy2

Thanks , sorry been in hospital so just trying to get my head round it all before the precious six weeks is up!

 

In the bumf that they sent us was a detailed account of the debt.

 

 

Originally defaulted in 2005 sold on and we did pay for about five years.

 

 

We then sent CCA request which they could not fulfil.

 

 

Debt fell off in 2012, the statement clearly says account closed ,

we received a letter stating the account was closed .

We managed to get three remortgages we couldn't act in (another story )

 

Then the letters from 1st credit, CCA'D them

they wrote back saying they didn't have it , so we put in dispute again in 2013.

The default is showing as 2013- we have asked for it to be removed.

 

The CRAS are refusing to give us previous reports even though we know this has been placed back on file as a new default .

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you need hard evidence that this debt was defaulted before and fell off after 6yrs.

 

 

the only way to do that is to sar the original creditor..who was?

 

 

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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Guest purplemushroomfairy2

Ok, would a statement of account sent to us by 1st credit showing default in 2006 - then five years payments of £1.00 then two years of nothing followed by a note in 2013 saying 'debt write off account closed ' count?

How do I get back copies of my credit reference file from 2014 showing the debt not there and 2012 showing it there ?

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you need the record of a Default Notice or default being registered/sent from the comms or account log.

that will come with the sar.

 

 

a statement showing the account ws in default, it no proof that a default was registered

the above would be

 

 

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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sar only ever goes to the original creditor...

 

 

which is?

 

 

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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Guest purplemushroomfairy2

It was 14 years ago , I think it may have been Clydesdale bank - not sure if they even exist now .

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