Sub Prime Credit Thread Part III

never-in-doubt

Fairmorn,

You need to send a copy of the following letter asap and they will reply confirming that the account is now closed and statute barred. If they do not then you simply send a copy to the CRA's who will remove the data, or wait til November - its upto you but i'd not. I'd be fighting to get it removed here and now!

Limitations Act is 6yrs in England but 5yrs in Scotland mate. See here: http://forums.moneysavingexpert.com/showthread.html?p=24056639#post24056639

Executive Office
Capital One
PO Box 5281
Nottingham
NG2 3FA

Dear Sirs,

Re: Statute Barred Account - Numbered - XXXXXXXXX

With reference to previous correspondence regarding the above account with the above reference number, I would like to point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:"

I would also like to point out that the OFT say under their Debt Collection Guidance on Statute Barred debt, that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement of this alleged debt was made over five years ago which means that an unlawful default has been registered against me for well in excess of 18 months now and should therefore be immediately removed without further delay. Bear in mind the last payment was recorded early 2003.

Should you continue to unlawfully register data against me regarding this account I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

I await your written confirmation that this matter is now closed with all reference to the account removed from all three credit reference agencies and that no further contact will be made concerning the above account.

I look forward to your reply within the next 21 days.

Yours faithfully




Sign digitally

fairmorn308

I do remember aswell capital one couldnt come up with a signed copy of my credit agreement all they could provide is the terms and conditions

never-in-doubt

fairmorn308 wrote: »

I do remember aswell capital one couldnt come up with a signed copy of my credit agreement all they could provide is the terms and conditions

Yea they rarely do have a CCA. send the above letter mate and they will remove the default. If not PM me and i'll send you the template that you'll then send to the CRA' s direct who will remove it as they can then be done for libel.

fairmorn308

ok thanks for all your help. Bummer i cant send letter until ten days time due to being in norway at the moment.

Quick question how long does missed payments stay on your account for so companies can view them when searching your account?

never-in-doubt

fairmorn308 wrote: »

ok thanks for all your help. Bummer i cant send letter until ten days time due to being in norway at the moment.

Quick question how long does missed payments stay on your account for so companies can view them when searching your account?

Ok well make sure you send it cos they are actually breaking the law and if you warn them and they do not respond then you can claim sooooo much dollar it is unreal... try £10k for a start! They know this so will not risk messing you about....

How many missed payments, who to and was it missed (i.e. over one month) or just late (paid within the same 30 days as was due)? This makes a difference.....

fairmorn308

2 missed payments.

Littlewoods: I made the payment by debit card weeks before amount was due and they still tryed to take same amount again on due date and due to not enough money in account they marked me for missed payment .

Next: Kinda same thing but they never issued a statement for me to see how much am due to pay them.

Both were payed with 30 days of account date.

never-in-doubt

fairmorn308 wrote: »

2 missed payments.

Littlewoods: I made the payment by debit card weeks before amount was due and they still tryed to take same amount again on due date and due to not enough money in account they marked me for missed payment .

Next: Kinda same thing but they never issued a statement for me to see how much am due to pay them.

Both were payed with 30 days of account date.

You say both were paid with 30 days, what I mean is say you were due to pay on 13th March with statement date being 1st March, and actually paid on 29th March then nothing would happen with CRA. If, however your statement date was 1st and you were due to pay on 13th but by 1st of following month on new statement date, payment was still not received then a late payment marker would be added.

Have you seen the markers on your credit file? one missed payment will not affect any lending decision anyway so just don't do it again - definitely not on the same accounts!

fairmorn308

well i wont. both accounts are now closed and they were both paid within same calender month. Both show on my credit report

never-in-doubt

fairmorn308 wrote: »

well i wont. both accounts are now closed and they were both paid within same calender month. Both show on my credit report

Really? that is wrong..... when were they addeed mate? If after 6mths then they will never be seen or used by any lender, if within 6mth they may see them but ignore the odd one as we all make mistakes.

It would affect you more if you missed 3 or 4 in a row and continually done so. We'll get this default removed first then you'll have a clear credit file mate....... thats the plan

moyilla

Hi guys, long time no speak hope you are all well?

A quick question for you "experts" lol, if someone has an account in name only but another person is using the account & paying the bill each month as if it is their own, is there ever a time where that account can be changed into the bill payer's name?

I hope this makes sense!!!!