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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
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Barclays Overdraft and PRA - Removing non-enforceable default from DCA


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Hi There,

 

Apologies if i've missed a thread about this but i've tried looking for quite some time and not seen any recent threads about this. Thanks for all your help prior to this with such easy to follow threads and advice.

 

PRA Group have come back to me after I submitted a request for the original agreement saying their client can't find it but have said the following
 

Quote
I can now inform you that we have been unable to retrieve this documentation.
 
The result of this being that your account is currently classified as unenforceable, which means we are not able to take legal action to recover the balance.
 
The debt is still legally owed and we will continue to contact you & report to the CRAs (where appropriate).
 
It is possible for your account to become enforceable in future, if we receive the appropriate paperwork from the original creditor – we will make you aware if this becomes the case.

 

What should my next move be to have this debt removed from my credit files?

 

Regards

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How long go was the debt?
When was the last missed payment?
What date was it defaulted?
 

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 The debt (what is it and type and OC)  would have been defaulted by the OC upon or before sale.

 

Just because they haven't got a compliant cca doesn't mean it must be removed nor that they have to cease reporting worthless monthly calendar markers

 

So june 2016 is the defaulted date and it will vanish from your file on its 6th b'day.

 

Btw:  pra buy debts..they dont chase for clients.

 

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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I know they purchase debts, however the issue i've had with the bank (Barlcays, Unplanned Overdraft) is that there were a bunch of OD fees and FX fees which made up this overdraft caused by an issue related to how debit card transactions happen overseas. I've currently got an FOS complaint open about it which took a while to raise as I was living overseas and had a number of issues at the time which delayed me taking the complaint forwards.

So, is my only option is to wait it out?

Thanks

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Well if the default was unfair because of the way Barclays treated you..then that will come out in the fos investigation?  Might be a route??

 

 

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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  • dx100uk changed the title to barclays OD and PRA - Removing non-enforceable default from DCA

For sure, It's just that waiting on that is taking a long time and i've had one bank end their relationship with me over it after I applied for a planned overdraft, Thanks for your advice anyway!

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  • AndyOrch changed the title to Barclays Overdraft and PRA - Removing non-enforceable default from DCA
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