statute barred debts

RICK..._2

Yeah I see.

All the adverse data on my credit file drops off next year, so when I got a letter saying I either pay up or they'll take legal action I started to panic because obviously I don't want them to lodge any more defaults or ccj's against my name.

Hopefully this letter will do the trick! It's quite shocking how they word their letters aswell, saying they WILL remove goods from your house etc... I can see why people would pay it, if they didn't know any different.

rog2

RICK... wrote: »

! It's quite shocking how they word their letters aswell, saying they WILL remove goods from your house etc... I can see why people would pay it, if they didn't know any different.

If you ever receive a letter that says that, then you should report it, immediately, to the Trading Standards, or OFT, as this is contrary to the OFT Guidelines, under which, and in order to retain their licences, Debt Collection Agencies should, but seldom do, ply their questionable trade:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

gaznkaz08

Right abit of an update on this, Have had a few very rude and abusive phone calls from link financial over the last few months and after asking for the statement from the account we have been sent a photocopy of what looks like a spreadsheet titled "transaction movements".

this has information on it but it doesn't seem to tally up with my credit report. All my credit report has on it is a default in feb 04 whereas this doc from link has payments up to nov03, which is with in 6 years, But this isn't on my credit report, i was under the impression that everything under 6 years would be on there, so why isn't this showing????

also 5 months after the "supposed last payment was made this doc also shows a cheque payment for just £23.55 which i'm 100% sure wouldn't have been from us, then 2 months after that an "Agency payment" for £94.19 was made to the account, What would these payments be likely to be????

Would should be our next move, we've been looking around and are thinking about sending a CCA letter, What should we do about this "transaction movements" doc, accept it , as it is good enough from them,or can we ask for proper staements of the account


Any help will be greatly appreciated

MrsTinks

Incorrect assumption about credit reports I'm afraid - Lloyds for example didn't list any of my accounts on Experian until a few years ago and still missed of a load of old account etc. They have all got better in recent years but no just because it's not on your credit report (and by that I mean ANY of the 3 - some companies only report to one and then it's a bit hit and miss if it makes it across to the other 2...) doesn't mean they're lying... (not saying they're not - just saying the credit report may not have the debt listed...)

Personally I'd request a true copy of the statement proving the date. A spreadsheet knocked up by Joe Bloggs isn't going to pass anything in court. If or when it goes to CCJ then it's a matter of having hard evidence - should they be right however then you'll be liable for this debt I'm afraid provided they can get the copy of the statement for presenting in court and you may end up with a CCJ.

The cheque payments and agency payments could be anything... can you honestly recall nearly 6 years ago what went on with this account? But if they are saying it was 5 months after the last payment then they're not counting it as a payment surely? So does it matter?

gaznkaz08

MrsTine wrote: »

Incorrect assumption about credit reports I'm afraid - Lloyds for example didn't list any of my accounts on Experian until a few years ago and still missed of a load of old account etc. They have all got better in recent years but no just because it's not on your credit report (and by that I mean ANY of the 3 - some companies only report to one and then it's a bit hit and miss if it makes it across to the other 2...) doesn't mean they're lying... (not saying they're not - just saying the credit report may not have the debt listed...)

Personally I'd request a true copy of the statement proving the date. A spreadsheet knocked up by Joe Bloggs isn't going to pass anything in court. If or when it goes to CCJ then it's a matter of having hard evidence - should they be right however then you'll be liable for this debt I'm afraid provided they can get the copy of the statement for presenting in court and you may end up with a CCJ.

The cheque payments and agency payments could be anything... can you honestly recall nearly 6 years ago what went on with this account? But if they are saying it was 5 months after the last payment then they're not counting it as a payment surely? So does it matter?

ok thanks for clearing up the credit report thing, but the debt is on my report as it has the default as feb 04, no entry on there for this Cheque in apr04 and no payments for nov 03, and according to tLink i made 2 in nov 03,the only other odd thing about that is that it was a joint loan with the wife and there is nothing on her report, not even the default

the last payment date they keep referring to is the Cheque payment in apr 04 which is roughly when we gave into our probs and sold our house, we'd had our cheque books taken off us by then so i very much doubt it was from us, and why such a random small amount?

gaznkaz08

anyone else with any info that may help???

thanks

rog2

gaznkaz08 wrote: »

Would should be our next move, we've been looking around and are thinking about sending a CCA letter, What should we do about this "transaction movements" doc, accept it , as it is good enough from them,or can we ask for proper staements of the account

In this case, gaznak, it would be better to send a Subject Access Report (SAR) as a cca request only obliges them to send the 'up to date' statement. Of course it does oblige them to provide you, within 12 working days of your request, to provide a true and compliant copy of the original executed cca - without which they would be unable to enforce any agreement, so it is definitely an option.
On the other hand, a SAR obliges them to provide you with everything that they hold about you, and should include full statements plus the original agreement as signed by you.
There is, unfortunately, a £10 Statutory Fee payable for an SAR and they would have 40 days in which to comply, but, if they fail to provide you with everything, then they will be able to do NOTHING.
Documents supplied under an SAR should be more than sufficient to establish the legal status of the 'alleged debt'.

gaznkaz08

rog2 wrote: »

In this case, gaznak, it would be better to send a Subject Access Report (SAR) as a cca request only obliges them to send the 'up to date' statement. Of course it does oblige them to provide you, within 12 working days of your request, to provide a true and compliant copy of the original executed cca - without which they would be unable to enforce any agreement, so it is definitely an option.
On the other hand, a SAR obliges them to provide you with everything that they hold about you, and should include full statements plus the original agreement as signed by you.
There is, unfortunately, a £10 Statutory Fee payable for an SAR and they would have 40 days in which to comply, but, if they fail to provide you with everything, then they will be able to do NOTHING.
Documents supplied under an SAR should be more than sufficient to establish the legal status of the 'alleged debt'.

thanks will give it a go

one thing that is worrying me is the cheque payment that was made on the account 16/04/04,(the supposed last payment) Have spoke to my bank and due to our financial probs the only account we have is a natwest step account that we opened 23/02/04, this account has never had any cheque facilities on it.