Central Trust trashing credit file over a very old secured debt shortfall when home was repo'd by another previous company - FOS Involved ***Resolved***

[Rob4]

Many thanks Andy.

 

I have made the DSAR request today.

[Rob4]

Hi Andy.

 

I have today received a digital file from them with various documents.

I don't fully understand most of it, but noted that the loan was first defaulted 7th July 2008.

 

What else do you need from the documents that is helpful?

 

The original loan was £8500.00.

So a whole load of fees have been put on, and that doesn't take into account what I did pay.

The figures are all on an excel file with letters I don't understand.

 

Interesting documents when I made a complaint, and used a Company, over why they sent the PPI money back rather than allow it to pay for the loan. I was out of work then due to mental health.

 

There are two files,

one is the excel and

the other a PDF with all the letters etc in that one PDF in date order.

 

The last payment I made appears to be Nov 2011.

[dx100uk]

find the default notice or the date they claim to have issued it in the comms/account log [the one where human notes are made about your account.]

 

dx

 

[Rob4]

Hi. I have screen shot part of the document. When I click on any of the dates or areas, nothing appears to be hidden with in it. Just a log of dates etc, under the title letters.

[dx100uk]

so? 

you see the documents named default sum notice

so find the date where they says Default notice??

[Rob4]

Hopefully I have got this right. This is in the excel page marked letters.

 

Noted as 'Default' - 07/07/2008.

Noted as 'Default Sum Notice CCA' - 08/10/2008.

 

There are then a loads of entries with the same sort of wording.

 

Hopefully I have provided the right information?

 

[dx100uk]

pop it up as a PDF

read upload

default sum notice is irrelevant

its the default notice date we need.

 

[Rob4]

Now attached the letters log. Is this what you mean?

BOOK LETTERS.pdf

[AndyOrch]

03/11/2008 11:37 DOCUMENT
17/10/2008 23:22 DOCUMENT

 

There the ones Rob.....proof of default notice....Well statute barred.

[Rob4]

Hi. And that is good news Andy? I find it all confusing, not knowing what I am looking at or what it means.

 

Do I need to do anything ?

 

I really appreciated all the help given, my apologies if I come across a bit stupid.

[AndyOrch]

Just research Statute Barred so you fully understand what your maintaining if they carry on hounding you.

 

https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx

[Rob4]

Many thanks Andy. Much appreciated. I will do the required research.

[dx100uk]

open

[Rob4]

The guy, I spoke to said 'he was in a new role and was case manager to a number of historical cases'. It's likely other CAG members can expect something. Here is my update:

 

After 2.5 years of nothing, I have this week received an email, phone call and text. My credit file, which they recorded Late Payments, was also suddenly changed to Missed Payments, yet nothing was noted for the previous five years. The issue after speaking to them, was the date I consider the loan to be statute-barred, was a start date of Nov 2008 (12 years ending in 2020) But they are saying the first date is 2013 when the house was sold by the mortgage company and the shortfall being sold to them.

 

I have had zero contact with them for a decade or more, when I contacted them in 2019 for incorrect information on my credit file, something they refused to change. They have accepted that interest payments would be statute-barred (2 years), so their record of the outstanding balance is not as high as they say it is, but up to the last call they had no idea what the outstanding balance was made up from, original loan 11k, the balance is now 25k.

 

The next issue is the PPI's,(edit by DX)  when I was unable to work due to ill health they refused to pay out on grounds of 'illness being present before the insurance was taken out'. I have told them I will be revisiting this at some point due to still waiting on a reply from them in 2017 saying they were still looking into it.

 

Today I received an email now saying that my credit file has been updated to show NO missed payments - this is some turnaround from their original 'we will remove it when you pay the full balance. I will continue to check to see when it does change. I am far from clear why they apologised and changed it. I have however stressed that when they suddenly started to report missed payments on my credit file, it gave me all sorts of issues with even simple things like a mobile phone contract.

 

For the moment, I am waiting for two more decisions from them.

 

1. How is the balance outstanding made up, interest, fees etc. and

 

2. What they want from me,

 

will they write it off due to statute-barred?

Or ask for a payment?

 

As for payment, I have stated (which has been recorded) I will dispute any request for payment and move to the next stage of Ombudsman, in which they can also consider a compensation claim for the incorrect credit file recording which has sat there for 2.5 years (I have taken a screenshot of this) as well as the PPIs complaint which they accept was not 'fully dealt with', whatever that means.

 

The guy I spoke to was pleasant, not a glimmer of threats or abuse as before, and today they did something I didn't expect, emailed to say my credit file has had all missed payments removed. 

 

I am far from convinced this positive step is the start of a pleasant relationship with them, I don't trust them one inch, I am certainly guarded. But for the moment I need to wait on what they want from me. I have made them aware of my circumstances, and certainly not in a position of paying anything. 

 

I also had a chat with the National Debt Helpline, and they told me the same as CAG did.

 

I will keep this updated as it now looks to become an end result, whatever that result will be.

 

 

 

[dx100uk]

the debt is statute barred no matter what they say. and NO the shortfall/sale shouldn't play any real part.

this also means it should never be showing on your credit file either.

 

quite honestly id be starting your complain to the ICO now.

no harm in ringing them and asking for advice.

 

not sure what you mean by PiPs?

you don't mean PPI do you?

[Rob4]

Hi.

 

Many thanks for your reply.

 

They maintain 12 years starts from 2013 not 2008, but still waiting on a written breakdown and what they are saying.

 

I should have written PPI, thats correct, my apologies.

[dx100uk]

On 30/06/2019 at 23:37, Andyorch said:

A secured loan secured on property is treated the same a s a mortgage therefore the limitation period is 12 years 

BUT the account should not be showing on your file as it's DN is outside of 6yrs.

 

incidentally, the home was repo'd in june 2013?

 

if thats the case the shortfall is now more than 12yrs so thats dead too.

[Rob4]

Hi.

 

I am told I will see the chnage to the credit file which maybe January before it shows up, I will know more once that is live.

 

I have now received their recovery summary, I can't say I understand it. Is it safe to upload to here? It does map out all the costs.

 

That is correct, the house was repo'd 2013, but 12 years would be 2025?

[dx100uk]

yes upload it

sorry i cant count!

[Rob4]

Hi, Now attached. Appreciated.

statement recovery.pdf

[dx100uk]

thieving robbers

 

i see they are adding interest every month since 2007 to:

brokers fees
legal fees.

not sure they are allowed too

 

penalty fees (all unlawful)

collections costs
solicitors fees 
field Agent fees.

 

put each one in our CIsheet 

 

put their int rate in cell D15

 

ALL are reclaimable 

 

 

 

[Rob4]

Many thanks for your reply.

Once this is done, there is going to be a balance, they said as much last week when I spoke to them that they will still be looking to claim the full 24k, to which I said ANY amount will be rejected and it will end up with the Ombudsman.

 

I understand I have to give them the opportunity to rectify the matter before moving to the Ombudsman once I have their final response/deadlock letter, is this correct?

[dx100uk]

stop speaking on the phone WRITING ONLY from now on.

they will lie lie and lie again over the phone and state things they would never put in writing to frighten and intimidate you in coughing up.

 

it also looks like when they refunded all the insurances they did not include the interest they had charged to the refund date on each.

 

this debt is becoming more a work of fiction the more we delve in.

 

also ealier you said

 

My house was repossessed in 2013.

 

who repo'd the home? central trust or your mortgage co.?

 

you also mentioned somewhere i think wrongly that this debt was sold to them?

 

dx

 

 

[Rob4]

Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only.

The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point.

I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them.

I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.

[dx100uk]

then as they did not repo themselves they can't claim there is a shortfall as they didn't sell the house!! scammers!!

 

@andyorch, am i right?

 

only the seller of a home can claim any shortfall after sale?