Creditors finding OH through CreditExpert?

Hannah_10

Its a merry dance.

It starts with the prove it letter (signed digitally of course) and then they may or may not respond with what they were meant to. Hopefully they wont, because then you can send another letter saying, er no, I want xyz.

Eventually they'll satify that bit correctly, then if you are still not convinced you go for a breakdown of charges, a copy of the original CCA, and so on.

That you have no paperwork is actually to your advantage in a mixed up sort of way because it means it's going to take ages to get it back off them- IF they even have it. If they don't have it, or it's not right, well tough luck to them for not doing thier job properly 5 years ago.

So yes, making them prove it and making them do all the hard work is the right thing to do. Get that lovely template letter off in the first instance, but don't rush. You WANT this to take a while remember. Give it a week to ten days before you send a reply to a letter.

As for phone calls, I expect you knew this but never ever talk to them on the phone. If they get to be a pain in the backside then come tell us, there are tamplate letters for that too.

Hannah_10

Martin Lewis' own words... "Pls remember Debt-Free Wannabee's for support and help not judgement"

Thus I have reported your comments as abuse BLT, do feel free to have a rant in my PM inbox, so I can report that as abuse too.

miss_marsters

BLT wrote: »

And yet again we come back to the old 'its not my fault' - the guy hides from one loan and then complains that banks are throwing cash at him.

He wasn't forced to take it. I see nothing unfair about people being asked to repay money they were loaned in good faith, or agencies sharing information

I never once said it wasn't his fault, he was very very bad with money (thank god he's alot better now) and it WAS his fault. But clearly when they seen he earned minimum wage why a bank would ever think he could afford a CC, Loan and then a mortgage is beyond me espically when he had to use some of the loan to pay the CC! Wheres the notion of responsbile lending? or is it a case of blame the addict not the enabler?

And the good faith thing makes me laugh, all these 'good faith' still makes them billions though and ordinary peoples lives a misery. Surely if it was 'good faith' why the crazy interest rates and charges?

Thanks for the constructive advice Hannah, i'll try and prise a rough date out of him to when he got his loan so we know how long we've got left before the 6 years is up, worse comes to worse we'll go down the CCJ route.

Hannah_10

You'll get a CCJ from ignoring it Hon. Make them prove it is your best bet as they'll never admit if it was one of the illegal majority otherwise.

miss_marsters

Sorry i didn't explain myself very well i meant to say after sending all the letters if it is in fact legal we'd probably go down the CCJ route

Ames

Why would you want a CCJ? It's much better to just deal with it and pay on your terms than go through court and all that, especially since it'll add to the debt.

Hannah_10

Ames wrote: »

Why would you want a CCJ? It's much better to just deal with it and pay on your terms than go through court and all that, especially since it'll add to the debt.

She's right, you'll get a lot better rates doing it yourself. Plus a CCJ doesn't ever go statute barred and sticks on yoru record another 6 years again.

barbiedoll

To start with, send them this letter....

http://forums.moneysavingexpert.com/showpost.html?p=33791621&postcount=11

And sit back and wait for months whilst they frantically scrabble around looking for the old (and probably unenforcable) paperwork. Remember not to sign any correspondance in relation to this and don't speak to these people on the phone. Before you know it, they'll have you paying a huge monthly repayment which you can't afford for a loan that they may not be able to legally chase anyway.

miss_marsters

Thank you all for the advice,
Its much less scary sorting it out when you actually know what your doing
It was just a shock getting the letter, but expected as we knew he had this debt. Just glad its harder to get this type of credit now, in the long run i'm sure it will do lots of people a big favour.
I'll wait a week or so and get that letter sent, i'm kinda hoping its Jan 2005 he got the loan out, but knowing our luck it will probably be Dec 2005 =(

Thanks again for all the advice

Kayleigh x

Tixy

The first letter you should always send for any debt when you are contacted by a DCA is the prove it letter.
This ensures you don't acknowledge the debt and should always be sent before a CCA.
http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

They first need to prove he owes the money and that they have a right to collect it. This should be done before you even start thinking about whether the loan is enforceable.

Also if he took the loan out in 05 did he stop paying it straight away (or never start)? As its the date of the last payment (or written acknowledgement if later) that counts towards it being statute barred. If he paid it for a couple of years before defaulting then it could be years before it becomes SB.