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Debt was settled. Im still being chased.

Yanayaya
Yanayaya Posts: 37 Forumite
edited 25 April 2010 at 10:12AM in Debt-free wannabe
Hi all,

I recieved a letter from a company called Wescot who claim to act on behalf of the Bank of Scotland. They are chasing me for money for a debt. I did not recognise the value of the debt nor any reference numbers they provided. None the less I spoke to them and asked for a copy of the agreement. They provided a questionable photocopy of screen dumps takn of the agreement which did contain my signature. However I still didnt recognise that value and so I checked my credit file via checkmyfile. All the files show the debt as "Settled" in Jan 2006.

What should I do?

I was with the CCCS and this account vanished from my dmp some time ago. As far as I am aware if the debt is recorded as settled, it cannot then be reopened. ?!

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    That your credit reference files say a debt is "settled" is not always a reliable indication that it actually was.

    Often it simply means that the debt has been sold on.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I would presue with with the prove it letters, http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

    if they do show money is outstanding then move onto the CCA process. http://forums.moneysavingexpert.com/showthread.html?t=2305463

    I agree the credit files are not always completely accurate. Please note checkmyfile is not a credit reference agency and uses out of date information. You need to use Experian/CreditExpert (same company) and Equilifax to really get a good indication. CallCredit is also used sometimes.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    surely if they say you owe them money the first thing they need to show you is proof, which would be an agreement with your signiture on the bottom, no contract-no debt as far as im concerned
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    For credit agreements they only have to supply a true copy, no signature required. Only if they go for a CCJ would they need to bring the original with a signature.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Yanayaya
    Yanayaya Posts: 37 Forumite
    edited 26 April 2010 at 9:33AM
    My confusion comes because I bought the 3 records from checkmyfile which gives you your Experian, CallCredit and Equifax reports and the debt is listed as settled. :( It is not even recorded on ym Experian report and in fact that report is the better of the 3.

    The copy of the agreement they sent me was an illegible photocopy of screendumps they had taken which do bare my signature. The debt is real enough, or should I say it was but was (to my understanding) settled.

    Also, just as a bit of extra info I was wondering if someone could advise me, if you satisfy a debt with a DCA should the status of that account change to something other than default? or would ir remain as default until the 6 years had passed?

    Thanks you all.
  • Rico6.9
    Rico6.9 Posts: 112 Forumite
    Yanayaya wrote: »

    Also, just as a bit of extra info I was wondering if someone could advise me, if you satisfy a debt with a DCA should the status of that account change to something other than default? or would ir remain as default until the 6 years had passed?

    Thanks you all.

    Be very careful here. Negotiate to have the default removed if you clear the alleged debt. Get confirmation in writing. Don't settle for a "settled/satisfied" default. It's just as lethal as a normal default. There's talk of the 6 year rule being reduced to 3 in the summer. Still, best to kill any mention of default if possible.
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