DCA say they are not obliged to supply copies of original agreement, is this right?

nottoolate

DVardysShadow wrote: »

If the debt was never enforceable against the OP in the first place, no default should have been entered into OP's credit record. As this appears to be a company debt, rather than a personal debt, even if the debt was enforceable against the company, it should not be entered against the OP's personal credit record.

This debt should come off immediately.

you've got that reply out of context

i was just answering the question as to whether the debt being statue barred means it should come off the credit report

it doesn't

whether it should have ever been there for other reasons is another matter

IainMacca_2

Can I ask one last thing please…

Could I use the statute barred option as leverage against the DCA?

Could I offer them an ‘administration fee’ of say £200.00 for them to correct the error and remove the account permanently. If they can’t do this fair enough, but it is statute barred anyway so they are not getting any money towards this account in any case?

Cheers

nottoolate

people are sometimes able to get a default removed on an unenforceable debt if the agree to pay something on it.

once you are sure it's not enforceable then it cant do any harm to try.

IainMacca_2

Nothing to loose so I'll give it a try (it was never about the actual monetary value in any case - more about the unfair default on my file)

I'll post back to let you know how it goes.

Cheers

king100

Wait, wait you are going to pay something towards this so they take the default off your account?

It will come off in 6 years from time of default, they cannot change the default date to suit them. So it will be off in Feb 2012.

If it was a company mobile then it should never have been recorded against you personally and only the business name. Especially as it was a LTD company.

Does the LTD company still exist, if so I suggest you contact them asap.

IainMacca_2

Thanks, the date of the default was Dec 2006 so will come off Dec 2012/Jan 2013. And I just don't want to wait that long (as this is the one and only default on my file and I want to get a mortgage).

And yes if I could get the account removed quickly I'd be willing to pay a fee to do that (don't worry I would not pay anything towards the actual account).

The problem is, we seem to be at a stalemate - and if the DCA are not obliged to produce the original agreement then I don't appear to be able to force their hand.

I've even asked them to please initiate court proceedings as at least that would sort it out - but they won't.

king100

Does O2 know anything concerning the debt?

Does the Ltd company still exist?

Hoe are they writing to you, are they stating the Ltd company name at all?

IainMacca_2

Thanks for taking the time...

I've not contacted o2 directly myself, only the DCA, but I was considering the subject access request as someone suggested earlier (the DCA did request a copy of account from o2, but what they sent was meaningless i.e. an excel file with no names or addresses)

No it doesn't exist - it closed down a couple of years after I left - however I am still in contact with the (then) finance person who is willing to put it in writing that this was not my personal account.

No they are stating my name - their argument is; I was credit checked at the time. Which is quite probable as I was one of the directors and it was me who used to get the phones. They have however confirmed that the account that direct debits were taken from were the company account (definitely not my personal account)

king100

IainMacca wrote: »

Thanks for taking the time...

I've not contacted o2 directly myself, only the DCA, but I was considering the subject access request as someone suggested earlier (the DCA did request a copy of account from o2, but what they sent was meaningless i.e. an excel file with no names or addresses)

No it doesn't exist - it closed down a couple of years after I left - however I am still in contact with the (then) finance person who is willing to put it in writing that this was not my personal account.

No they are stating my name - their argument is; I was credit checked at the time. Which is quite probable as I was one of the directors and it was me who used to get the phones. They have however confirmed that the account that direct debits were taken from were the company account (definitely not my personal account)

Contact O2 speak to their commercial team, they should have one. They have no right to put a default against your personal credit file for a ltd company phone. Explain that should the matter not be resolved then you will complain to the OFT.

Get the letter drawn up from the then finance and then put it in writing to O2, also whilst on the phone ask them for their complaints procedure, in letter also state that you will be billing O2 for the time that this will take to sort out.

IainMacca_2

Hello,

Just wanted to post a quick update.

Experian have just written to me to confirm that they have been authorised to remove this o2 account and default, Equifax customer services have also confirmed this.

Not sure which particular argument did the trick, but perseverance was definitely a key (around 13 letters over 9 months).

So that's my credit file finally clear of any negatives :j

Cheers ALL!