DCA's hounding me for debts over 8 years old

fermi

rebel2 wrote: »

Ok so if I get my credit record and find it littered with entries what do I do then, will it help in any way?. Do I have to apply to have things removed if they are over 6 years old, or if the debt is still unresolved does it start again?.It's all very confusing:o

When you default an account, a default at a certain date is recorded on your credit files.

Once that has happened, all records of that account can only stay on your credit files for 6 years from the original default date. Once the time goes past that, all records of the default and account should be removed from your report.

But two things sometimes happen.

1) A creditor delays placing a default on your report until (sometimes many years) later. If this is greater than 6 months after you can fairly say that you defaulted on payments, the the Information Commissioner who oversees this data generally considers this to be unfair in most cases. After all the creditor is falsely by their own inaction unjustly extending how long the adverse info on your credit files can stay.

2) A debt collector on buying a debt at a later date may record their own default on your credit records. Officially they are allowed to take over the responsibility for recording data, but they are NOT allowed to register additional defaults. Plus when taking over a record they are NOT entitled to alter the original default date. But they quite often do. :rolleyes: Again they are not allowed to unfairly prolong the time that adverse info stays on your credit files.

I think the point RAS is getting at is that if you defaulted on all these accounts around 2001 (ish) or before, then none of them should now be on or effecting your credit record. (Unless a court order has been granted at a later date).

If these defaulted accounts are still showing when they shouldn't, you can dispute the data and take action to have it removed.

rebel2

Hi, Just recieved this morning from Robinson way a letter, telling me that they don't have a cca and will be obtaining a agreement or STATEMENT from original lender. How long should they take before they produce something, and how do I know if it is a proper CCA?.I opened this account in 1989 would this agreement if it still exists, be still valid?.

DarkConvict

If you requested the CCA they have 14 days to have replied back to you with the credit card agreement, which includes your name, signature, the main terms. This include interest rate APR, amount of credit available sometimes other information too.

Many places tend to send nothing more than scanned copies of the most recent terms and conditions and a blank application form. These are not acceptable.

RAS

Thanks fermi - cioreectly guessed and much better explained than I could have managed.

rebel2 - the creditor is allowed 12 working days plus two calendar days in which to respond to you. If they do not produce an enforceable CCA in that timeframe, the debt is in dispute. At that stage, you write formally and tell them this.

IF and when they produce the valid CCA, they can start to chase you again but that is fairly unusual - certainly most of the delayed CCAs people post here are not legally complaint.

Once the debt is in dispute you can

1. pay them what you want knowing they cannot take successful legal action as long as you defend any case.
2. stop paying them if you want to knowing there is no .....ditto...

The OFt has started clamping down on DCAs who chase disputed debts but it sometimes takes a few letters.

rebel2

RAS wrote: »

Thanks fermi - cioreectly guessed and much better explained than I could have managed.

rebel2 - the creditor is allowed 12 working days plus two calendar days in which to respond to you. If they do not produce an enforceable CCA in that timeframe, the debt is in dispute. At that stage, you write formally and tell them this.

IF and when they produce the valid CCA, they can start to chase you again but that is fairly unusual - certainly most of the delayed CCAs people post here are not legally complaint.

Once the debt is in dispute you can

1. pay them what you want knowing they cannot take successful legal action as long as you defend any case.
2. stop paying them if you want to knowing there is no .....ditto...

The OFt has started clamping down on DCAs who chase disputed debts but it sometimes takes a few letters.

Hi, Thanks for that. What do I say in the letter after 12 plus 2 days?.They have had the CCa request since 18 sep. Also HFC reduced my total amount, gave me a loan to pay for it and I have been paying them £6 a month ever since by direct debit,that was 5 years ago. Should I send them a CCA request Too? Come to think of it after many threats and phone call day and night I paid MBNA a reduced final settlement for an account I defaulted on, what would happen if I sent MBNA one too, because I don't think we had an agreement either!

rebel2

Just wondering if it was legal for someone to set up a loan on a mobile phone without any paperwork?. Thats what HFC did to me a few years ago. They rang me, said they were defaulting my visa with them, and offered me a final settlement which I could not pay. They then offered me a loan to pay for it and have been taking a direct debit since 2004. The question is should I send them a CCA request?.

Eager_Elephant

Hi rebel2

How much debt do you have in total? (including ones who do not have CCA?)

EE

rebel2

Eager_Elephant wrote: »

Hi rebel2

How much debt do you have in total? (including ones who do not have CCA?)

EE

I have 30,000 or so and would estimate that around 10,000 of it is bank charges added mostly by 2 banks over a 10 year period. The Co-op and Halifax who would not talk to me because they say they were not dealing with the account, and would just ignore my expenditure profile submissions even through the CAB!. They have passed it to verious DCA's allways returning back to themselves to add more charges, the last time Halifax added 1,400 in 12 months that they had it back!.

rebel2

Still no cca from Dca.What happens if the alleged debt goes back to the OC?.

Eager_Elephant

Hi rebel

I know you haven't asked for opinions on your situation but have you considered bankruptcy or do you have something to protect such as a house or other asset?

Obviously this is only based on my observations of your total debt and your ill health and not on any financial statement.

EE