Cabot/reston claim form - Old Halifax Overdraft

[masjntt]

Hi

 

Im new to the site and am looking for some advice so apologies if this is posted in the wrong section.

 

A few years ago I had a unsecured loan and overdraft from Halifax. I became ill and unable to work, did not have insurance and was unable to pay the outstanding money.

 

Stupidly at the time I ignored the letters of demand and eventually they stopped. I obtained my credit file from experian about 15 months later and noticed that two defaults had been registered against me for each debt { the date of defaults was Aug 2002}.

 

As far as I am aware this should remain on my credit file for six years from the date that the default notices were issued, can somebody just confirm that for me please?

 

Also will it automatically be removed from my file or do I have to make an application to have it removed??

 

My main problem seems to be that since the deault was issued in 2002 that I have had no correspondence from Halifax at all, in fact I was not notified of the actual default notice, had the threatening letters which I ignored but never a letter to say they had gone ahead and filed one.

 

The debt now appears to have been sold onto debt collection agencies, since 2002 I ve had various companies write and threaten home visits, bailiffs court action etc if I dont repay the debt, normally I write back 3 or 4 times explaining my position, inability to pay and request that they cancel the debt, I never normally hear back from them after about my 4th letter then normally 9 or 10 months down the line a different collection agency contacts me about the same debt and the cycle starts all over again.

 

The latest debt collection company wrote to me this week and I have replied to them explaining the above, just out of couriosity I obtained a copy of my credit file and it shows the debt still listed as to the Halifax, same default date but says that is settled with a part payment, now I havent made ANY repayments so I presume this part payment is the payment received once my debt was sold on??

 

I can handle the debt agencies but my query is this, once the six years is up although the Halifax arent the ones chasing me will these debt agencies continue to keep passing my debt around?? None of these agencies are listed ANYWHERE on my credit file / report?

 

Hope this all makes sense, thanks to anyone who can help me

Thanks Jem x

[babybear39]

Not sure where you stand with regard to actually having written to the latest DCA

 

My gut feeling would say it's statute barred but we need someone with more experience to come along and advise...

[masjntt]

Thanks babybear39, are you saying that perhaps I shouldnt have replied to the recent letter from the DCA??

 

I never actually posted it didnt have time and was going to send it recorded del tomorrow??

 

Thanks x

[ScarletPimpernel]

On the face of it, this looks like a statute-barred debt. However, you say that when DCAs have contacted you since 2002 you have written to them 3 or 4 times. Depending upon what you said in your letters, this could be seen as acknowledgement of the debt - and so the statute-barring clock will have restarted each time you did it.

 

You could send the latest DCA the statute-barred letter available from the templates section, and see what they come up with.

 

On the other hand, if as it seems you have acknowledged the debt then the next course of action is to get the DCA to prove that the debt is legally enforceable. This can be achieved by asking for a copy of the original executed agreement, again using a template letter.

 

Which DCA is it? Some specialise in buying debt that is either already statute-barred or about to become statute-barred - so the name will tell us a lot and help us to help you deal with them.

[masjntt]

Thanks for that scarlet pimpernel

 

Since 2002 I have been contacted by about 4 or 5 different DCA's ,

each time I have written explaining that my circumstances chave changed due to sickness

and that I cannot make any repayments nor token payments and have asked them to write off my debt in view of my circumstances,

 

 

they always ignore what I say and just continue sending the threatening letters and

I ve normally always responded to each one re explaining the above and saying I cant pay,

cant afford to declare myself bankrupt,

either write my debt off or start bankruptcy proceedings against me.

 

 

Normally I end up explaining all of this in writting 3 or 4 times to each DCA then suddenly I dont hear back from them,

then many months later a new DCA gets in touch and whole process is repeated!

 

The current DCA is a company based in Glasgow called Scotscall, Im in Birmingham and have never heard of them,

if you know of them or have any advice as to which would be the best way forward for me then pls let me know.

 

Will look into the statute barred letter and other option now

 

Thanks x

[Chris_Wall]

In addition to the above post claims entered by creditors stay on your file for 72 months (6 years), to have this removed you usually do have to pay a fee (around £30 I believe) to have this 'struck off' your record.

 

Other wise it will stay there, it won't affect your rating after the 72 months, just be viewable to potential lenders etc.

 

As Scarlet Pimpernel says if you could tell us a bit more info about your letters etc, this way it's easier to tell what approach they are taking

 

Hope this helps

[babybear39]

How much is the total oustanding?

 

Have you contacted any debt advice charities?

 

You may be able to get help with going bankrupt if that's the way you wish to go but beware of the consequences, ie. do you own a property? Anything of value?

[masjntt]

Thanks for that Chris - who do I contact to have the debt "struck off" the creditor or credit ref agency??

 

Babybear39 - there are two debts, one for £800.22 and the other for just over £6k both payable to Halifax originally. I havent contacetd any charirities as Id prefer not to go down the bankruptcy route, I dont own property or have assets etc so if they really want to pursue me then id prefer them to commence proceedings but ideally id like to try and sit it out until the debt is old enough to be legally removed from my credit file.

[Chris_Wall]

Neither, it's the courts that do this in the cases I deal with.

 

The default should have a reference number, you will need this to get it removed.

[masjntt]

Thanks Chris, presumably the ref number will be on my credit file?

[babybear39]

They won't usually go for bankruptcy if you don't own anything because it costs them money, but you may get CCJs.

[Chris_Wall]

Yes, I deal with commercial litigation, and I am aware of differences, but I'm sure the overall basics would be the same.

 

First point of call would be to ring your credit reference agency, as for some info on the defaults entered on your file (dates, claim/ref numbers, etc)

 

Then give your local county court a call and see if they can help you out.

[masjntt]

Will do thank you both x

 

 

On the face of it, this looks like a statute-barred debt. However, you say that when DCAs have contacted you since 2002 you have written to them 3 or 4 times. Depending upon what you said in your letters, this could be seen as acknowledgement of the debt - and so the statute-barring clock will have restarted each time you did it.

 

You could send the latest DCA the statute-barred letter available from the templates section, and see what they come up with.

 

On the other hand, if as it seems you have acknowledged the debt then the next course of action is to get the DCA to prove that the debt is legally enforceable. This can be achieved by asking for a copy of the original executed agreement, again using a template letter.

 

Which DCA is it? Some specialise in buying debt that is either already statute-barred or about to become statute-barred - so the name will tell us a lot and help us to help you deal with them.

 

 

Just need some help now deciding which course of action to take first as per scarlet pimpernels post above?? Send a statute barred letter and see what happens or try to get the DCA to prove that the debt is legally forceable, any suggestions guys???

 

Cheers x

[babybear39]

Try SC's statute barred letter, you have nothing to lose.

 

Sorry, got workmen in at the moment so not paying much attention.

 

If they come back with not statute barred then go the CCA route.

[masjntt]

Thanks for that will give it a shot, fingers crossed it will come back stat barred, despite the default date being Aug 2002 and it being March 2008 now x

[masjntt]

*** UPDATED NEED SOME MORE ADVICE PLS**

 

Hiya - I sent off a statute barred letter to the DCA Scotscall at the end of March regarding this debt to see what if anything they came back with.{please read earlier threads}

 

The letter was signed for by them but I never received a reply. I have today recieved letters from a different DCA (Rockwell) chasing the same two Halifax debts.

 

In my inital post I mentioned that over the years I had contacted some DCAs about the debt basically explaining my inability to repay - Im fairly sure Rockwell were one of the DCAs that I wrote to and Im wondering that as Scotscall wouldnt have had any previous correspondence if they sent my file back to Rockwell perhaps knowing they may have copies of my old letters??

 

Im just wondering whether to send another statute barred letter anyway and see what happens or go straight to a CCA request?

 

Any advice greatly appreciated, Thanks x

[babybear39]

I'd say try statute barred again addding a line that you've already sent the previous DCA this letter but had no response. Then if they come cack with something solid CCA them.

[masjntt]

Hi

 

 

Further to my last post {31st May} I sent a statute barred letter to the current DCA Rockwell

and also mentioned that I had sent the same letter to the previous DCA Scotscall who had not responded.

 

 

As I had said previously I am 99.9% certain I have contacted this current DCA about this debt in writing during the last six years

so the idea was to send the statute barred letter and see what they came up with.

 

I have received a letter from them today very brief - saying they had received my letter and have referred back to their client

to see what info if any they have and will be in touch in due course ......

.... just wondering if this is a good sign or not?? Or should I start preparing for a CCA request??

 

Sorry to waffle on

Thanks x

[masjntt]

** UPDATE NOT GOOD NEWS**

Hi I received a letter from Rockwell this morning confirming that they have written acknowledgement from myself dating back to just Jan 2006 {as said prev was certain I had}.

They have sent me a copy of the letter which I sent at the time to a solicitors who were at that time pursuing me for the debt.

 

I guess as the statute barred idea is now out the window is my next step a CCA request? Im not to up on this, there are two debts with one DCA do I sent two payments or one?

 

I could soooooo kick myself but at the time didnt realise my rights and was advised by Nat Debt helpline to explain my financial inability to repay Arrgg roll on Feb 2012!

 

Thanks x

[masjntt]

Hiya

 

They are both Halifax debts

Unsecured Loan £6k

Overdraft £800

Default date Aug 02 according to credit file

 

Cheers x

[babybear39]

Thanks for that, I'm being lazy lol...

 

CCA rockwell for the loan.

 

SAR the original creditor for the overdraft.

[masjntt]

No worries dont blame you with some of these long threads lol

 

so just to confirm CCA rockwell for loan only and SAR Halifax for overdraft only?

 

thanks for that am off to kick myself now x

[babybear39]

Yes.

 

The Sar will hopefully show lots of charges to reclaim or maybe even clear the account

 

The CCA will establish rockwell's legal right to collect

 

Don't be too hard on yourself, we all made mistakes before finding this site.

[masjntt]

Aww cheers

 

One last thing for the halifax do I SAR head office as the branch i opened it is has long gone and i think the overdraft was agreed via telephone banking ?

 

All it states on my credit file is "Halifax" no address ?

[palomino]

Aww cheers

 

One last thing for the halifax do I S.A.R - (Subject Access Request) head office as the branch i opened it is has long gone and i think the overdraft was agreed via telephone banking ?

 

All it states on my credit file is "Halifax" no address ?

 

 

You should send it to the address of their registered office (which is legally the address for the service of documents).

 

[later] I can't find an address for Halifax but they are a part of the Bank of Scotland whose registered office is -

 

BANK OF SCOTLAND PLC

THE MOUND

EDINBURGH

EH1 1YZ

 

 

hth