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Unenforceability & Template Letters II

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    hiya thanks I didn't cancel as they said they would place hold on account unitll they sent info learnt my lesson there!!! lol. will do that tomorrow. so is the infor they sent incorrect?

    Thanks for this i really appreciate it x

    Yes the info they sent is incorrect, you should send the CCA Query Letter; as posted earlier. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    ccmug wrote: »
    Hi NID - such a great thread and so good to have someone so knowledgeable on the subject - shame you didn't appear in th NY Honours;

    I had about 10 credit cards with a total balance of about £94k and then the floor fell out of the economy and my work with it. I've been defaulted on all of them and now all but 2 are with DCA's and i'm paying between £1 and £5 a month in repayments, but my balances are reducing more quickly than when I was paying £3000 a month.

    I'm not sure who now owns the debts and whether I request the CCA from the OC or the DCA

    Please can you advise


    Hi,

    You should first get your Experian & Equifax credit files; (see below for details) and then check who has recorded the default, it is this company you write to for the CCA. You may see entries showing twice, for instance Barclays - balance £0 - settled balance £XXXX but then another one with same amount, but instead of settled it would show default and the default amount will be the same as the £XXXX in the barclays entry.

    Make sense? lol

    If you get stuck post the credit report entries on here (omitting personal details) and we'll sort it out for you and tell you who to write to.

    To get the account ref and postal address of the debt owner, you send an email to the CRA's after you obtain your reports. There is also a page within the report telling you the postal addresses of the companies. The reason you get Experian & Equifax is cos they are the main 2 CRA's so will tell you whatever you need to know (between them).

    Good Luck :D

    How to obtain your credit file:
    You have the right to write to any of the credit reference agencies and ask for a copy of your credit reference file, which will cost you £2.

    Your letter should include:
    • your full name -also any other names you have been known by e.g. your maiden name;
    • your full address including postcode;
    • any addresses where you have lived over the past six years;
    • your date of birth; and
    • a cheque or postal order for £2 made payable to the credit reference agency.
    You should keep a copy of your letter and you may want to send it by recorded delivery. The credit reference agency has 7 working days to send you your file after receiving your letter and fee. Sometimes the credit reference agencies need more information from you before they can send you your file. For example, they may need proof of your name and address from a utility bill or bank statement. This is important to make sure that no one else gets your file by mistake or to check that no one else has fraudulently applied for your credit reference file. The agencies do not have to send you your file until they get this information.


    The addresses of the credit reference agencies are:
    Equifax Plc
    Credit File Advice Centre
    PO Box 1140
    Bradford
    BD1 5US

    www.equifax.co.uk

    Call Credit Plc
    Consumer Services Team
    PO Box 491
    Leeds
    LS3 1WZ

    0870 060 1414
    www.callcredit.co.uk

    Experian Ltd
    Customer Support Centre
    PO Box 8000
    Nottingham
    NG80 7WF

    0844 481 8000
    www.experian.co.uk
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Well done you :beer::beer: - so where is my commission cheque then :rotfl::rotfl:

    God knows you deserve it for the work you do on this site, thanks again
  • HotLegs
    HotLegs Posts: 900 Forumite
    Hiya NiD I hope all is well with you :) have you managed to have a look at my CCA yet?:o MTIA.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    HotLegs wrote: »
    Hiya NiD I hope all is well with you :) have you managed to have a look at my CCA yet?:o MTIA.


    Ooooops - I told you I don't check that email account often lol

    I'll check in in an hour after walking the mutt in the snow, then report back. From first glance of the one you posted on the thread, it never looked enforceable to me. I'll check later and see the emailed version.

    Did you email me the actual documents - the photobucket links are no use, I need the actual document you uploaded so I get full size. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Hi,

    I had a debt from around six or seven years back that I disputed. I stopped making payments and am pretty sure that i haven't made contact with the lender in the past six years.

    According to my Experian file i have no outstanding debt whatsoever. This make me think that the debt is likey to be statute barred. Is it possible that Experian is incorrect? Should I send the statute barred letter to the companies trying to chase it?

    Also is there any way to check if I have a CCJ associated with the debt? nothing shows on Experian.

    many thanks,

    Mark
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Money_mark wrote: »
    Hi,

    I had a debt from around six or seven years back that I disputed. I stopped making payments and am pretty sure that i haven't made contact with the lender in the past six years.

    According to my Experian file i have no outstanding debt whatsoever. This make me think that the debt is likey to be statute barred. Is it possible that Experian is incorrect? Should I send the statute barred letter to the companies trying to chase it?

    Also is there any way to check if I have a CCJ associated with the debt? nothing shows on Experian.

    many thanks,

    Mark


    Hiya

    If you last paid 6 years ago then yea, its statute barred. CCJ's will be shown on Registry Trust - it costs £12 or whatever but worth it to check I guess.

    The CRA's will be blank due to the debt being over 6 years old, i'd just ignore the DCA chasing it - they are actually breaking the law.....

    But you can, if you want, send the SB letter from page 1 of this thread, but there is no real need to if you don't want to..... :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Hi NID,

    Can i just CCA whoever is chasing me for the debt at the moment. All my debts are with DCA'S and have changed hands numerous times. Surely if they still want to hassle me, they will do the work in contacting whoever 'should' have the original CCA's, right?
  • HotLegs
    HotLegs Posts: 900 Forumite
    Ooooops - I told you I don't check that email account often lol

    I'll check in in an hour after walking the mutt in the snow, then report back. From first glance of the one you posted on the thread, it never looked enforceable to me. I'll check later and see the emailed version.

    Did you email me the actual documents - the photobucket links are no use, I need the actual document you uploaded so I get full size. :D

    Ohhhhhhh thank you hunny :D Yes I emailed the actual documents, can't wait to hear what you think :j You're a star no you're a saint :p
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    themaestro wrote: »
    Hi NID,

    Can i just CCA whoever is chasing me for the debt at the moment. All my debts are with DCA'S and have changed hands numerous times. Surely if they still want to hassle me, they will do the work in contacting whoever 'should' have the original CCA's, right?

    To determine the debt owner, check your credit file. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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