Proving Debt - 1st Credit

Nonshy

I have another thread going "1st credit..." but think people are sick of my ramblings on there.

Simple question for those in the know: how long do debt collectors have to prove a debt once they have started asking for payment?

i do NOT owe a debt but they say i do, i requested proof 6 weeks ago and still nothing - there head of compliance says it was requested this week and takes 1-2 weeks.

surely they can't just keep threatening me without any proof? surely there is a time frame on getting proof to me?

many thanks and sorry for second thread - stressing me out!!!

HappyMJ

They have 6 years since the last payment to take enforcement action in the county court. If they can't prove the debt to you then it is unlikely they can prove the debt to the court in an acceptable manner.

If they are writing to you then just ignore them. If they start to launch county court action then insist they provide proof before the court hearing. Attend the court hearing and put your case forward.

Nonshy

Thanks MJ but they have already applied a default on my credit file and won't remove it until i pay... i won't pay because i don't owe any debt, so unless i pay they can leave it on there for 6 years?

i have wrote to ICO and OFT

vax2002

Have you had any account or dealings with the company they say you owe money to ?
If not you have a very good case for harassment and compensation.

HappyMJ

Nonshy wrote: »

Thanks MJ but they have already applied a default on my credit file and won't remove it until i pay... i won't pay because i don't owe any debt, so unless i pay they can leave it on there for 6 years?

i have wrote to ICO and OFT

I see...It sounds like you are doing the right thing. If they can't prove the debt they should remove the default soon enough. This takes time. when was the last time you made a payment towards this debt. The whole debt including the default will drop off your credit report 6 years after that date.

paulmapp8306

Write to them. State you dispute the debt and unless they can proove the debt, you insist the remove the default on you credit file.

Tell them you requested the proof but as yet have received non. Tell them you have compained to ICO and OFT, and will send copies of all correspondance from either party to them as well.

Id even consider giving them a deadline for removing the default, or prooving the debt and threated your own action if the deadlines arnt met, but thats just me. At the very least insist on a written response with a reasonable timeframe (say 3 working weeks) with a definate response (not the default "were looking at it - that is NOT acceptable).

paulmapp8306

Oh - even if they have removed the default, it can take up to 6 weeks before it actually shows as removed from your credit file.

Nonshy

I now have 4 defaults on my file from 1st credit... still no proof of debt because there isn't any!

it has ruined my credit file.

been declined credit now as well.

so stressed about it all... i wish i paid the £136 it would have saved me money.

just to confirm - i do not owe any money but wish i had paid to save this aggro!

help! please

awayinchina

Nonshy wrote: »

I now have 4 defaults on my file from 1st credit... still no proof of debt because there isn't any!

it has ruined my credit file.

been declined credit now as well.

so stressed about it all... i wish i paid the £136 it would have saved me money.

just to confirm - i do not owe any money but wish i had paid to save this aggro!

help! please

Have you rasied this issue with the CRA's?
If you do not owe money and the debt is not yours then the data held on your credit file is breaking the data protection act. In that all information has to be accurate. if you have been refused credit then NOW you have a claim against the firm that placed the defaults on your file.
seriously, contact the OFT, data commisioner all 3 credit reference agencies and the DCA (can be done in 1 email and cc the lot) then print the email as a letter DO NOT SIGN THE LETTER YOU SEND TO THE DCA.
you can actually kick this all off over the phone with the OFT and ombidsman.
it will cost the DCA £500 as soon as you put the phone down and the CRA's are then liable for holding incorrect data and now being informed the data is incorrect and will start an investigation also.

it is worth kicking the ball and getting it rolling....

awayinchina

paulmapp8306 wrote: »

Oh - even if they have removed the default, it can take up to 6 weeks before it actually shows as removed from your credit file.

this is not correct the data can be corrected in 24hrs if you kick enough of fuss and shout loud enough. DO NOT LET THEM FOB YOU OFF, systems update as soon as the data typed in. Think a bank sends a default and its on your file that night so the reverse can happen too.

nottoolate

email the head of compliance at 1st crudit - bkingdon @ 1stcreditltd.com

his job to make sure this sort of crap doesn't happen.

also start a complaint with the fos

call them up and get that started http://financial-ombudsman.org.uk/consumer/complaints.htm