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    • CST law are just a new kid on the block use our search top right    BW PCN snotty letter ericsbrother   dx
    • gym debts dont show on credit file gyms dont do court a DCA is not a bailiff and has zero legal powers on any debt no matter what it's type dx  
    • lack of default notice is FATAL to any court claim    from my notes   Default notices, litigation and section 127(3) of the Consumer Credit Act July 2010 .  For a creditor to enforce a credit agreement against the debtor,  he must serve the latter with a default notice,  this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA). .  Generally, the prescribed form of a default notice according section 88 is as follows: .  "The default notice must be in the prescribed form and specify .  (a) the nature of the alleged breach;  (b) if the breach is capable of remedy, what action is required to remedy it        and the date before which that action is to be taken;  (c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach,       and the date before which it is to be paid." .  Section 127(3) of the Consumer Credit Act 1974 .  Should the debtor be sued for the outstanding amount,  it may be open to the debtor to raise an argument that the agreement is unenforceable  because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations. .  Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA').  Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006. .  The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable. .  In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off. .................   as for NOA.. if it can't be proved under the law of properirs Act that Cabot own the debt  they can't demand any money.   bit like your neighbour lending you a tenner, but he also owes his other neighbour a tenner so says well now go chase you for..        
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2 old Barclay Loans


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Hi all

 

I am on a payment arrangement with barclays for 2 outstanding loans.  Everything was going along fine until my default dropped off after 6 years. (current outstanding £13000 -  paying £180 a month).  This has left my credit file squeaky clean for the first time in about 15 years.

 

Suddenly the bank decided to assign one of the loans to a DCA (Moorcroft then Arvato) and keep one in house.  I wasn't happy and complained stating that they are simply making things difficult and I will not be dealing with different companies. 

 

I was informed that they were calling the loan back from Moorcroft, then instantly it was assigned to Arvato.  I phoned Arvato explaining that I have an ongoing complaint and won't be communicating with anybody until the complaint has been exhausted.  They were very understanding and said they would send it back to Barclays.

 

I've spoken to complaints and informed them that my father is offering up to £6000 to clear the debt, so I can clear the debt and use my right to buy my council flat thus someting for my children (don't live with me) when they are older.

 

Complaints said they can't decide on this and it is up to recoveries team.  I stated that I need to do something to help my children's future and if a settlement figure can't be reached, I would up the child maintenance payments so that some could be put in a child ISA account for them to give them a head start in life.  I pointed out that there would be hardly anything left.

 

The question I'm asking is,  can they stop me paying extra child maintenance for this purpose or am I entitled to pay what I like?

 

It's not my children's fault that I got myself in this situation and with the price of property and low wages, I feel obligated to help them.

 

thank you for reading

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eh? been here +10yrs and you still insist on ringing powerless DCA's...amazing.

 

cant see how Barclays are stopping you doing what you like with your money...

 

are these still affecting your credit rating then?

what's stopping the right to buy?

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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hi dx100uk 

Long time no chat lol. 

 

I'm not afraid of talking to tDCA'S, they don't worry me.  I was just putting them straight.  i actually find it quite satisfying when they realise that I'm no push over.

 

Barclays aren't stopping me....yet. 

Just wondering if after looking at my income/expenditure (required before settlement figure is considered apparently) they can say I'm paying too much in child maintenance if it went to court. 

 

I'd rather pay for my children's future than them..  mucked me about too many times in the past.

 

I understand that to get a mortgage you have to declare any outstanding debts. 

Even though they're not on credit file.

 

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Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

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last comment is not true

what they can't see on your credit file cant hurt them.

and these debts don't show having been defaulted +6yrs ago.

and can't comeback either.

 

well atleast record your calls

as if things turn legal you have no papertrail.

 

Barclays don't do court.

they'd sell the debt on 

even if you do an F&F.

 

 

 

 

 

  • Like 1

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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Thanks DX. Good to know about last comment. 

 I would never pay full and final without written confirmation stating it won't be assigned or sold to anyone else.  

 

Read to many cases on here. 

Knowledge is Power

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Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • dx100uk changed the title to 2 old Barclay Loans

I've spoken (yeah I know I shouldn't).  But I only confirm things when I have it in writing only. 

I have 2 loans with Barclays and 1 with Arvato (assigned by barclays)

 

Arvato agreed to 50% settlement.  A letter is being sent out to me confirming full and final settlement and that it won't be passed on to anyone else after I pay.

 

Barclays have been offered 50%, now I'm waiting for decision.

 

This is exactly what I would have wanted and tbh, just as I thought, DCA's seem a lot easier to get a settlement figure.  

 

If I hadn't spoken to them, I would never have known that they would accept 50% settlement. 

 

I know the advise on here is everything in writing.  This is true for proof and confirmation however I see nothing wrong with speaking beforehand, as long as things are agreed only in principle until it what was agreed is supplied in writing.

 

This is just my opinion.

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tbh unless you get written ack from Barclays that the arvato deal is ok with them too, I would not trust a dca.

 

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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Really?  I was advised by barclays to speak to Arvato regarding a f&f settlement.  If I get the correct written confirmation from them, I would have thought that would be enough.

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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IMHO NO.

get it in writing from Barclays too.

ideally you should NEVER deal with a DCA if their client is the original creditor.

seen too too many supposed F&F's to DCA's and the OC never knew a thing about it.

and ofcourse they get a cut which funds their business of harassing other people too.

 

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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Isn't the letter of assignment enough? 

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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well im belt and braces.

you've been here since 2006 and still persist in giving a dca some kind of magical powers by using them as a third party.

but if it gets the result..

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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Hi

 

I've got confirmation from Barclays that I should contact Arvato DCA for any full and final settlement relating to my account.  I have now got a letter from Arvato stating;

Quote

We confirm that our client (Barclays) will accept £x in full and final settlemt of this account.

 

It then goes on to give details of how to pay.

 

Is that enough or should I insist that Arvato send another letter confirming the remaing balance will not be passed to anyone else to pursue.

 

This f & f would be the best thing that could ever happen to me.  I would finally be debt free for the first time in over £25 years.

 

I don't want to pass up this chance

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 9 months later...

Hi

I posted regarding this debt before, however I'm hoping for a bit of direction.

My 2 Barclays defaults dropped off my file in June 2019.  All monies owed have been settled as of July 2019 One directly with Barclays and another via avarto DCA. Just before the defaults dropped off 1 of the loans were "assigned" to moorcroft, then Avarto. As mentioned all sorted and settled with letter stating nothing owed and account closed.

 

The issue I have is that both DCA's posted "Debt collection" searches on my credit file dated July 2019. As mentioned the defaults regarding these accounts dropped off in June 2019 (6 years after default). Transunion have these searches as a hard search. I believe these type of searches remain on file for 2 years.

 

I've diputed these searches with Transunion, the DCA's and even the Ombudsman. I stated that after 6 years of a default, no traces relating to the defaulted account should be visible. All 3 stated that searches are permitted by anybody at anytime. I understand that soft searches can be carried out by almost anybody, however I disagree with this because this is a hard/debt collection search which has an impact on my file. 

 

I'm banging my head against the wall. Can anybody point me to the actual law that mentions about this. I've looked at the cca but can't find the specific section about this. Also who else could I complain to and how. I've checked the FCA but they don't appear to take personal complaints. If I wanted to go to court, I would need to refer to the law that is in my favour.

 

Thanks guys

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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hard search is 1yrs.

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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From Clear score

https://www.clearscore.com/learn/credit-score-and-report/understanding-credit-checks-hard-searches-and-soft-searches

Hard searches (also known as hard checks or credit application checks)

A hard search is when a lender takes a full look at your credit report (and score). This type of credit check leaves a mark on your credit report, so whenever prospective lenders look at your credit report they can see you applied for credit (and whether you were accepted).

Most hard searches stay on your report for 12 months (though a debt collection is visible for a period of 2 years).

 

image.thumb.png.b2491fd074f1b6f5cfced5ea5aa47be2.pngimage.png.e55100758ccdc132e7acfc53eeb06955.png

 

Even the Ombudsman said that they're allowed to do this. Frustrating when you can't get the required assistance from them. I'm looking to get a mortgage in the next few months and I don't want this to affect me. My file is spotless but for these 2 "dirty trick" entries.

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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they won't effect a mortgage application

 

threads merged

stop worrying

just remember that what is not on your credit file

the provider can't see.

 

they can't see the searches anyway, they might simply tick your mythical 'score' down a bit that's all.

 

 

 

 

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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Zero worries for a mortgage application. Even if a default is still showing on a Credit file, if it’s more than 3 years old it’s not an issue, unless it’s a pay day loan.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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If that's the case DX100 and London1971, I will relax a bit. London1971 my default dropped off in June 2019. It's still anoying these DCA's think they're a law amongst themselves. This site has taught me so much in the past and I'm so confident in dealing with these people. Hopefully never ever again.

 

I miss  the old bank charges reclaim back in the day lol

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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I think we've tried in the past to stop you being so worried about getting this mortgage

you p'haps didn't really need to pay either off as they were going to be removed paid or not on the defaults 6th birthday. as post 4

but there you go..

 

 

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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Posted (edited)

yeah you did and at the time it was only thinking about maybe getting a mortgage. Now it's about to become a reallity. Maybe I didn't have to pay it off, however I got a great settlement figure and there were no extra charges on there in fact the account had been interest free for all but 1 year. At least there would be no phishing demands in the future, at least i hope.

 

This is the first time in 20 years that I'm debt free and it feels bloody good.

Edited by mahharg

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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