a little advice please oh credit report gurus

[kirkyfosh]

hello all

i applied for my statutory £2 credit report from Experian, i have a debt from an abbey account i had many moons ago with and its with 1st Credit, now im in a payment arrangement with them but the Abbey account in question does not show on my credit report?? is there any reason it would not show? i personally thought it was 6 years plus old personally surely it should show as a default? on my Credit account information

 

so the questions are

 

1, is there a reason this would not show on my Experian credit report.

2, if it is because its over 6 years old (as i thought it was) what can i do to stop paying 1st Credit £100 a month

3,all help and advice offered will be greatly received and will give you a big Kiss:D :D

 

cheers

[davefirewalker]

not all info is given to a particular reference agency. It may show up on Equifax or even callcredit (callcredit seems to be mainly for mailorder)

 

Try equifax first

 

but if it is over six years old then it may not show......

now then if you stop paying they can default you again (I think)

 

Thing to do is to ask them for a copy of your original agreement

 

they probably wont have this....... no agreement = no more paying

the debt doesnt go away ......... or in your case it might as it over six years old anyway

they cant default you if they dont have the original docs

 

if they cant supply the docs in 12 working days (+2) then they are in default and cant take any more action until they find them. After a further month they have commited a criminal offence.

 

so

 

send £1 and ask for your agreement under consumer credit act 1974 also quote (and have a look at yourself to familiarise with it)

 

sections 60, 61, 77,78

 

and see what they say

 

Dave

[poochball]

If the date the account was defaulted is longer than six years old then it will be gone.

 

Other possibilities include that it is just not on Experians records or that a default has not been registered.

[kirkyfosh]

ok i have just checked my Equifax and its not on there, on my experian it showed abbey registered linked address's in 01/07/01 but not a dicky bird since only 1st credit on my case about this time last year

 

so dave, if i send off a request for a CCA and they dont give it to me within 12 (+2) days they cannot enforce the debt?

[davefirewalker]

yes thats about it, and due to the fact its not on any cra's if they havent got the docs they cant default you for not paying...its win / win

 

rgds

 

Dave

[sequenci]

now then if you stop paying they can default you again (I think)

 

 

no they cannot.

 

only one default should be entered, although you might need to prove that there has already been a default (which could be tricky)

[davefirewalker]

Sequenci I agree. I wasnt too sure if they could default him or not so I thought that the simplest method would be to cca them first. once the account is in dispute they can't do anything. then if he wanted to stop paying it is up to him. they certainley couldnt default then with no docs.

 

Dave

[kirkyfosh]

who would i make my £1 cheque out to for 1st Credit, as i have now checked Mycall credit aswell and zero no abbey debt whatsoever

[davefirewalker]

make the cheque (PO is better) payable to whoever is chasing you. if its a dca chasing for someone else pay the dca.

 

 

Dave