Advice on debt recovery greatly apprecciated

sarah03_2

quick question - I have just received credit report from experian - thinking that it would show the above debt - but it doesn;t, infact he has no credit accounts no defaults, just 1 ccj showing from a couple of years ago which was paid in full so shows satisfactory, it does show searches from halifax card services so I would have thought if that shows then any default would. what i'm getting at is if it isn't showing do you think that could mean that it is past 6years? so could I send the statue barred letter?also what would a SAR show me?
many thanks
xxx

GeorgeUK

There are 3 credit reference agencies. All your debts will not be listed on all of them so it may be on one of the others. You can request copies of your credit report for £2 each.
http://www.moneysavingexpert.com/banking/credit-rating-credit-score#check
(scroll up slightly)

This leaflet from the Information commissioners Office explains both
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

Have you sent the letter to the DCA stating that the debt is statute barred? Have they responded to this?

If you do intend to request a SAR, i would advise not providing the account number. The reason for this is that it may be argued that by writing requesting information on a specific account, you are acknowledging any debt on that account which would reset the statute barred period. It may depend on how many accounts he has with the bank, but i would request all information the hold on him.

This should include any transactions made on the account as well as any correspondence - including an application or CCA.

sarah03_2

Thanks georgeuk, I just thought it was odd that on the experian credit report halifax searches show (from the date on theapplication form) but the credit card account itself doesn't, are we best to send the statue barred letter or the sar?

GeorgeUK

Sorry for the late reply - had a dodgy internet connection (as well as the site getting maintenance work).

I would personally send the statute barred letter. If the debt is not statute barred, then they would need to prove it - you do not need to prove anything. If they come back with proof, then perhaps you could do a SAR to see if the data provided is correct or not. This way you would also be able to save the £10 payment on the SAR.

sarah03_2

many thanks georgeuk, will be sending the statute barred letter tomorrow xxx

sarah03_2

an update on what has happened, This week oh has received a letter stating that a statutory demand will be issued on 28th november personally.
The cca that was sent did not look to comply as per above, i foolishly forgot to send the statue barred letter, is it worth me sending it now, but have also read that because payments were made & stopped as they kept increasing payments that the debt is now not statue barred, have tried to call n/debt helpline but in a queue for ages, any suggestions?
many thanks in advance
xxx

Waspeze

bump....

GeorgeUK

Hi Sarah

Just need to recap on a few things
You sent a CCA request and they replied with something that didn't have all the prescribed terms - did you send another letter to them?
Did you send the SAR letter to see when the payments had been made?
I would send the statute barred letter stating that the debt was statute barred before the payments in October 2007 (if this is when he had made payments).

sarah03_2

No, didn't send the SAR letter - was writing the statute barred letter today but then stopped as it states no payments made in 6 years - but then he has paid capquest from oct 07 until jul 08 so thought this would be taken into account, to be honest am now very worried at the thought of them serving a statuary demand - have given him strict instructions to ring n/debt helpline tonight though, so do you think its still worth me sending the statue barred letter? will that stop them issuing Stat Demand this week?Many thanks Georgeuk

GeorgeUK

If there has been ANY period of 6 years where no payment has been made or written acknowledgement of the debt, then the debt is statute barred.

Jan 2000 - stop paying
Mar 2008 - make payment
April 2008 - this debt would still be statute barred as there has been a period of 6 years where a payment was not made. Making a payment after this does not mean it is no longer statute barred - that is why i suggested you state the debt was statute barred before the October 2007 payment.

If the debt was not statute barred, i'm sure they'll let you know soon enough.

Edit: If it is not SB, you can still state that they have not provided a true enforcable copy of the CCA as all the prescribed terms are not shown on the document they provided.