Statue Barred? Ferratum

[Birmo0803]

Thanks!

I've raised a dispute with TransUnion - oddly enough, it now looks like a new debt and i can't actually now see the original default marker - I have a strange feeling this one is going to be a bit of a pain!

[dx100uk]

little point in ever complaining to credit file provider

ferratum is your target.

the debt was defaulted more than 6yrs ago

and should now not be showing.

 

WRITE and give them 14 days to remove the new default and the whole account else you will raise a serious complaint with the ICO and seek financial compensation for the damage to your credit worthiness - without further notice.

[Birmo0803]

Thank you! It I've been mulling this over since Jan which has nailed my credit file. I'll do exactly what you say, thanks for the assist

 

 just to check (been looking all day), is there any kind of standardised letter or even, template available or should I write to F-

 

Ta

Rob

[dx100uk]

my simple 2 lines is all you need

 

 

[Peterbard]

Hi.

I see you asked A question regarding the relationship between, "a default notice", that is the letter sent from the creditor to the debtor under section 87 of the Consumer Credit Act, giving fourteen days to pay.

: and  a "notice of default " sent from the creditor to the debtor advising a marker will be placed on his/her file in 28 days.

 

Strictly speaking there is no relationship as you  can see above. The date  you were defaulted on your file has nothing to do with  on a warning of enforcement  in 14days.  and:

Therefore, as far as statute bar is concerned. Since the SB runs from the Section 87 notice, it also has nothing to do with the  CRA record. 

 

However, on many occasions both these notices are sent out at the same time, or even on the same document, so it is fair to argue both dates may be similar.

 

I see you were on a DMP after the original default was registered. 

 If this is so, the start date will have re-set on every payment.  there will be no statute bar until six years from that payment. Even if the "D"has fallen off your record.

[Peterbard]

It is correct that no new default should be recorded on a single account, that is unless a new contract was formed on the inception of the re-payment plan. Which they may claim, but rarely actually happened. All you have to do is ask for a copy of the new agreement, and the claim just drops away.

[Birmo0803]

Hi there, I did set a DMP but I unfortunately missed this one (they were coming out of my ears)

this was initally removed from my record in Dec 2019, as I noted a huge increase in credit score prompting me to check it.

But then, all of a sudden (attached).

 

You can see it was updated 2020, when they reduced the balance from £360 to £190 - drafting a letter as I speak. 

 

P.s. hope attaching below is OK

[Peterbard]

Sthe statute bar will not apply until six years from your last payment via the DMP.

I am unclear, did you make some payments by the plan?

 

Just to save me going through the thread again.

Is your main issue that they wrongfully applied another D on your file,

or is it that you wish to dispute the debt, or both.

 

How much do they say you owe?

Have they sent a new section 87 default notice to you.

[Birmo0803]

I had DMP for multi-loans etc a while back, but I missed adding this one to the DMP,

I've never actually made a payment or acknowledged this debt

(I only started getting comms late last year,

email first then letters (apparent solicitors),

 

this credit was opened in 2013, defaulted Dec 2013, it was removed early Dec '19.

Now however (attached), this has now re-appeared, as they have updated the balance.

A strange one indeed!!

 

(Also note: the attacement wont even open , adobe... Standard).

[dx100uk]

there was no new agreement so no new default is applicable.

 

 

 

[Peterbard]

Good, no other repayments, so, no SB. That takes care of the enforcement issue.

 

You have notified them of this, so under the new rules they are not even allowed to demand payment, unless they can prove otherwise.

creditor or DCA.

 

You said they had reissued a default on your file, as said, this is not right if your account had been defaulted before either by the original creditor or any one else. You can query the CRA if you like, but it will get you nowhere, just a letter saying, we have contacted the other party and they say it is fine. and advice to contact them.

 

Contact the last owner of the debt, I would just ring them, but it doesn't really matter. Make your complaint. Then ask for your DATA under GDMPR.I would back this up via an email addressed to the person you talked to on the phone, say "Just to confirm" our earlier etc.

 

Main points being that, there should not be two defaults issued on the same account, as it is not legally possible to irredeemably breach a contract twice, its a bit like murdering the same person twice,  lol, no perhaps not the last bit. If they say they can under the, "new law" ask them to show it to you.

 

 

 

 

 

 

Edited March 21, 2020 by Dodgeball
tidy

[Birmo0803]

 

Thank you both, I'll get something drafted and hopefully sort this out, thank.you

[dx100uk]

you don't need to keep hitting quote

just type in the box..

 

dx

 

[Birmo0803]

Hey, chaps, just an update on the one. Contacted Ferratum (in writing) as they're noted on credit file as the lender, contact made arfter they updated the balance to £195. To date, nothing back at all, no letter or emails 

 

But funnily enough, the balance has been updated to £195 from £336 (also updated on my credit file). However... And here's the fun part, CRS are still emailing (usual pay now or else) and asking for the full balance of £336. Bearing in mind this was updated in Feb!

 

Ferratum have even been kind enough to update my credit file too. Any thought how to move forward? Any suggestions will be greaaaaately appreciated right now.

 

(P.s. not sure if the attached is allowed), hopefully.

 

Rob

 

Edited June 10, 2020 by Birmo0803
Grammar freak

[London1971]

Just to stay updated was this the debt that was defaulted in December ‘13?

[Birmo0803]

That's the one, yep! I remember it being removed from my file in dec 2019, then bam, it's back feb 20.

 

I did a SAR on Ferratum, but everything they sent is basically screenshots of the account started, no default date.

 

A right pickle this!

[London1971]

See post 27. In writing , by post .

 

They have your current address right?

 

An SAR should contain a list of actions related to your account, often as a 3 letter code. It should include when the default Notice was sent out ?

 

It sounds like they haven’t fulfilled their GDPR obligations with the SAR and have fobbed you off. I’d check back through the SAR for this. If it isn’t included I would write to their Data Controller, complaining that what they have sent you still doesn’t fulfil their GDPR obligations and that they have 14 days to rectify it otherwise you will file a complaint with the ICO .

 

Bear in mind that the fines are now potentially massive, and they would be very stupid indeed to ignore such a complaint.
 

 

[Birmo0803]

I thought I replied to this, D'oh! Thanks, I'll take a look into that, it does sound like the accounts been very poorly handled.

[Birmo0803]

It gets better, I'm just about to now raise a complaint with the ICO regarding this now - as I've given them enough time.

 

I've wrote to both CRS and Ferratum with no reply.

 

Yesterday I have now received a letter on behalf of CRS from 'AJJB Law' demanding payment before court action within 14 days (letter dates 9th, arrived yesterday - thanks)... best of all, they're still quoting the incorrect balance of £336.40. 

 

Uploading both confirmation of Ferratum's balance to £190, CRS email and this letter to the ICO - wonder what they'll have to say!

 

Edited July 18, 2020 by Birmo0803

[Birmo0803]

Cheeky update (below). I just need to battle Ferratum now to remove the new overdue balance. I know the original default date was in 2013 (Dec), am I able to request the original default date via SAR? - For the life of me, unable to find any information.

 

response:

"I can only apologize for this and accept the debt is indeed statue barred.

 

I have closed the account on our system and referred it back to Ferratum.

 

We will not pursue you any further for this debt, please could you let me know if you are happy with the outcome.

 

Regards,"

[AndyOrch]

Quote

I just need to battle Ferratum now to remove the new overdue balance.

 

 

Why ?   Its statute barred and irrelevant.

 

Andy

[Birmo0803]

From what I remember, this was removed from my credit file in Dec 2013 and Ferratum re-added it in Jan 2020 after updating the balance. I was hoping to get them to confirm the date so I have a little more ammunition.

 

Alternatively, having checked (unsuccessfully) is there a template letter of kind I can send which I can forward noting they're not able to re-add records after 6 years? Looks like I'm finally moving places, TY for help!

[AndyOrch]

I see its incorrectly showing on your credit files....write to/inform the credit agencies of a Notice of Correction that the default date was 2013 and re added in 2020...let them take it up with Ferratum

[Birmo0803]

Hey, chaps! Just a quick update with this. Having wrote and contacted Ferratum, inc. CRS who as chasing for this. 

 

So, not too long ago, I was curious as to what data both companies held, so I did a SAR etc, to which I received a file which was a totally unknow/un-openable format, and even more to my dismay, they simply sent a screenshot of what appears to be their system, which were simply added as a JPEG.

 

However, quick recap - 'loan taken in April 2013, I recall it defaulted and was removed Dec 2019 - this debt then later re-appeared on my credit record, late Jan/early Feb 2020.

 

CRS have now closed my account as they have confirmed this is statue barred - they wont be in contact any more - and I have this in writing.

 

However, no contract/replies from FERR. Credit file continues to be updated monthly. 

 

I did raise a dispute too with TransUnion, however today they have come back and advised that FERR have not issued a default and I must contact them (in progress). I did also attach the SAR/detials FERR provided me, and also the confirmation from CRS.

 

This account/debt is now coming to 7 years old, does anyone have any ounce of a clue how to proceed? Few hours on here/google today and unable to find a similar story.

 

#Apologies for the essay

 

Rob

 

 

[dx100uk]

so what did the ICO say when you complained to them the OC has re registered a debt already defaulted in 2013?