Prove It Letters - What Next?

Fergie76

never-in-doubt wrote: »

The Final Response should ONLY be sent once they have sent you a final response offering to refer to the FOS - ergo send this first: CCA Dispute - s.10 Cease & Desist

Regards to the other points, they are unenforceable until such time they send a CCA to you, make no offer, do not speak to them - simply send the template and update us when they respond.

Cheers, N-I-D.

Fergie76

Update:

I sent the letter N.I.D. suggested in his last post a couple of weeks ago, I've not heard anything back yet.

However, I checked the wife's Equifax Credit File last night and the two debts have been placed on her file. I might be misunderstanding it here, but I thought they could not place it on your Credit File, while you were disputing the debt?

Second question:

When checking her credit file, a debt from an old address has turned up, for Virgin Media. The debt start date is Jul 00, and last updated 10 Jun 10. We don't have a clue what this debt is for and have never been contacted about it. I am happy that this debt is now statute barred (as we have not lived at the address since '02 and have never been contacted about this debt), however, why has it just showing up on here credit file?

Also, what is concerning, on her credit file, it says there have been payments since December, am I best just to ignore, until they contact us, then send the statute barred/CCA letters? Dispute this entry with Equifax or what?

Thanks in advance.

Fergie76

Anbody?

Bump.

Fergie76

Bump.........

never-in-doubt

Fergie

What is the issue now mate? Am slightly confused here

never-in-doubt

Fergie76 wrote: »

I sent the letter N.I.D. suggested in his last post a couple of weeks ago, I've not heard anything back yet.

Ok - see what happens......

Fergie76 wrote: »

However, I checked the wife's Equifax Credit File last night and the two debts have been placed on her file. I might be misunderstanding it here, but I thought they could not place it on your Credit File, while you were disputing the debt?

They can - but they can also remove it. Is it your debt of the wifes debt? Ive not read back so please elaborate for us....

Fergie76 wrote: »

Second question:

When checking her credit file, a debt from an old address has turned up, for Virgin Media. The debt start date is Jul 00, and last updated 10 Jun 10. We don't have a clue what this debt is for and have never been contacted about it. I am happy that this debt is now statute barred (as we have not lived at the address since '02 and have never been contacted about this debt), however, why has it just showing up on here credit file?

Then send this: You know nothing of the Debt / Prove It

Tell them you want the default or CRA entry removed before you sue for Libel....

Fergie76 wrote: »

Also, what is concerning, on her credit file, it says there have been payments since December, am I best just to ignore, until they contact us, then send the statute barred/CCA letters? Dispute this entry with Equifax or what?

Thanks in advance.

Payments to what, since December?

Sorry you need to spell things out when you're chopping and changing between accounts/scenarios.....

Fergie76

Cheers for reply N.I.D.

never-in-doubt wrote: »

Ok - see what happens......

They can - but they can also remove it. Is it your debt of the wifes debt? Ive not read back so please elaborate for us....

These are all my wifes debts. Bit of history:

I sent 5 prove it/CCA requests, 3 came back saying they did not hold required information and would send to Company holding debt. Other 2 said, as I have posted at post 18.

I sent the letter as you suggested at post 21. Haven't heard nothing back since. However, they have now put the defaults on her Credit File. If they are allowed to do this then fair enough.

never-in-doubt wrote: »

Then send this: You know nothing of the Debt / Prove It

Tell them you want the default or CRA entry removed before you sue for Libel....

Secondly, when checking my wifes credit file, there was a default on there from Virgin Media, which was added in May 10. We have never had Virgin Media, we may have had cable in the past when it was Eurobell. The property that we lived in, (if) when we had Eurobell, we moved out of in 2002 (and we had got rid of it long before we moved out) and have had not contact from Eurobell/Virgin since, therefore I know (think) the debt is Statute Barred. (I can't remember having cable, only ITV Digital/Sky)

However, what did concern me is that on the Credit File (Equifax), it has green up-to-date payments from Dec 09 - May 10. We have not made any payments towards this, as we never even knew it existed.

Payment History Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2010
2009

0 payment"s" 1 month in arrears; 0 payment"s" 2 months in arrears; 0 payment"s" 3 or more months in arrears.

We still have had no contact from them regarding this debt. When they do eventually contact us, I hope they don't use these alleged payments to say that the debt is not statute barred. So my question is, is it better to send them the Statute barred letter, the prove letter you suggested above or wait until they find us?

never-in-doubt wrote: »

Payments to what, since December?

Sorry you need to spell things out when you're chopping and changing between accounts/scenarios.....

As explained above, I hope this makes better sense. Thanks for your time and help, much appreciated. :T

Fergie76

Any advice N.I.D?

Cheers.

never-in-doubt

Fergie76 wrote: »

I sent 5 prove it/CCA requests, 3 came back saying they did not hold required information and would send to Company holding debt. Other 2 said, as I have posted at post 18.

Ok, regards to the other 2 - you've sent that letter from post 21 right?

Fergie76 wrote: »

I sent the letter as you suggested at post 21. Haven't heard nothing back since.

Ooops - that answers the above :rotfl:

Fergie76 wrote: »

However, they have now put the defaults on her Credit File. If they are allowed to do this then fair enough.

Yep sorry they will add defaults, you cannot avoid that i'm afraid..... have you ever received a Default Notice though? They must issue one before adding one, and also giving you time to remedy the breach (i.e. pay the arrears prior to default)?

Fergie76 wrote: »

Secondly, when checking my wifes credit file, there was a default on there from Virgin Media, which was added in May 10. We have never had Virgin Media,

Ok well with this you simply register a complaint with the CRA's and explain you've never had anything with Virgin - do not mention the old cable you used to have, it is irrelevant as it is not virgin (or telewest etc)....

The CRA's will request that Virgin substantiate things - however if it is up to date then defaulted they have messed up cos there must be payments in arrears prior to a default so how can it be paid on time for there then to be a default, in the same month? Its wrong - and should be easy to sort!

Fergie76 wrote: »

So my question is, is it better to send them the Statute barred letter, the prove letter you suggested above or wait until they find us?

Ignore the last advice, now its making sense to me its best to leave things be and deal with the CRA's directly and demand they remove the entries as not being yours. can you confirm is the rest of the data correct by the Virgin entry, i.e. name and dob etc? Also, what type of account does it show as? Utility/Phone/Credit Card etc etc?

Cheers. Please be patient, I am subscribed and will get round to answering you, but i'm also v busy right now so please don't think i'm ignoring you

Niddy

Fergie76

never-in-doubt wrote: »

Yep sorry they will add defaults, you cannot avoid that i'm afraid..... have you ever received a Default Notice though? They must issue one before adding one, and also giving you time to remedy the breach (i.e. pay the arrears prior to default)?

I'm unsure of the default notices as wife, just ignored this for a while.

never-in-doubt wrote: »

Ignore the last advice, now its making sense to me its best to leave things be and deal with the CRA's directly and demand they remove the entries as not being yours. can you confirm is the rest of the data correct by the Virgin entry, i.e. name and dob etc? Also, what type of account does it show as? Utility/Phone/Credit Card etc etc?

Cheers. Please be patient, I am subscribed and will get round to answering you, but i'm also v busy right now so please don't think i'm ignoring you

Niddy

Name, D.O.B and address for that period of time are all correct. Account type is showing as 'Communications Supplier'.

I will raise an online dispute with Equifax and see what they say.

Cheers