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Is this illegal?

I found a default on my credit file and called to enquire about it - they explained that it'd been written off and wouldn't be followed up (ever!).

They then said (their suggestion) that I can have the default removed from my file completely with no record of it historically if I pay them the outstanding balance. "Great!" I thought.

Turns out, they took my money and have left my file as it was.

They almost definitely have call recordings of this and therefore have proof of the conversation that was had. Heck, even logic would state I wouldn't pay a debt that was written off of it wasn't going to be followed up!

Is this legal? Lying to get money from someone that they otherwise wouldn't have been asked to pay?
I can't add up.
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Comments

  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    They have recordings? and they of course would hand over evidence that could get them in trouble?

    Too late now but advice printed over and over here is dont pay anyone unless what you are agreeing to is in writing
  • supermassive
    supermassive Posts: 464 Forumite
    I asked for it in writing, I asked for emails.. and received nothing.

    Legally, though, do I have a leg to stand on? (obviously in the hypothetical situation that I have the recordings)
    I can't add up.
  • tripled
    tripled Posts: 2,886 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    It should now be marked as satisfied.
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    I asked for it in writing, I asked for emails.. and received nothing.

    Legally, though, do I have a leg to stand on? (obviously in the hypothetical situation that I have the recordings)

    Not to get the default removed as its factual information, as said above though it should be marked as satisfied
  • supermassive
    supermassive Posts: 464 Forumite
    So they're allowed to lie to get money they didn't want then? I'm just confused about why they'd lie to get the money.
    I can't add up.
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    So they're allowed to lie to get money they didn't want then? I'm just confused about why they'd lie to get the money.

    Debt collectors do all sorts of things they arent allowed to do to get money even in court, Why would you be confused as to why? They got you to pay when you normally wouldnt have, job done as far as they are concerned.

    The default is accurate information, you defaulted, they are under no obligation to remove it, in fact the opposite the have an obligation to report the facts
  • supermassive
    supermassive Posts: 464 Forumite
    Debt collectors do all sorts of things they arent allowed to do to get money even in court, Why would you be confused as to why? They got you to pay when you normally wouldnt have, job done as far as they are concerned.

    The default is accurate information, you defaulted, they are under no obligation to remove it, in fact the opposite the have an obligation to report the facts

    I'm well aware of that and I'm not confused about the factual reporting. A lecture isn't required, no matter how many people on this forum like to spout into a fact spewing session.

    I'm simply wondering if - when they weren't chasing the debt anyway - getting money that's no longer owed (sort of) by lying about it is legal.
    I can't add up.
  • dumpyboy
    dumpyboy Posts: 379 Forumite
    From a ruling by FOS there is no legal requeriment for credit bank not to overstate what action they can take it is up to court of law to decide so I take it they can do and say what they like
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    edited 6 March 2015 at 1:28PM
    I'm well aware of that and I'm not confused about the factual reporting. A lecture isn't required, no matter how many people on this forum like to spout into a fact spewing session.

    I'm simply wondering if - when they weren't chasing the debt anyway - getting money that's no longer owed (sort of) by lying about it is legal.

    who is lecturing? You asked a question and i answered it, they lied to you to get money, it worked, job done, You said you were confused why they did it, They did it because it got you to pay

    the money was owed, they may have given hope of getting it but it was still owed and they took the opportunity of you calling them to get it

    It probably is illegal, but what would you expect to happen if they were told what they did was wrong?
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    Don't get all shirty because you're not being told what you want to hear.

    You should have done your research prior to paying up. If you asked for it all in writing why did you pay before you had received said written proof?

    I think you have learned a very valuable lesson, don;t believe ANYTHING a DCA tells you. Ever.
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