Debt collectors and searches on credit file

Vox_AC30

Hi, I just wanted to ask -

Firstly, can a debt collector who owns a debt search a file whenever they want, even if the debt is like 15/20 years old, and has been sold on a number of times? If they can, are those searches soft searches/can't be seen by anyone else but me, and definitely not by lenders. And, as such, wouldn't have any impact on my credit file rating?

I have some old debts which I defaulted on years ago and they have long since disappeared off my file. I'm still paying nominal amounts and was considering sending CCA's. My credit rating is actually pretty good now, but I was worried if I sent CCA's that a search from a debt collector might have a negative impact on it for a couple of years, even if I managed to settle the debts. 

Thanks

sourcrates

Soft searches are visable only to you, along with your credit score.

They have no effect on your credit file, whatsoever.

Making a request for information under sec 77/79 consumer credit act, is one of your statutory rights, and you cannot be penalised in any way, shape or form for excercising those rights.

Send the CCA`s.

Vox_AC30

Thanks for the reply sourcrates. So, you're saying debt collector searches would be soft searches - thank you, that's what I wanted to know

sourcrates

Vox_AC30 said:

Thanks for the reply sourcrates. So, you're saying debt collector searches would be soft searches - thank you, that's what I wanted to know

Only people who lend you money perform hard searches, usually when you take out a credit agreement/mortgage etc.

nyermen

In general its the action not the "searcher" which determines hard or soft.  Hard searches are particular actions - application for credit etc.  Since you're not doing this, if they were to then make such a marker it would be incorrect information and so could be applied to be removed if they did make that mistake (but they wont). 

Vox_AC30

Thanks guys

PaulW922

To answer the other part of your question, a debt collection firm can search your file at any time if it has a genuine business reason to do so. That could include confirming identification etc. 

Vox_AC30

Thank you Paul for that information

Vox_AC30

I'm considering now sending the CCA letters. I put off making a decision but now I'm thinking of sending them. The general consensus is that all token payments stop whilst they check for the CCA yes? Would continuing to pay a token amount whilst waiting for the reply, or say continuing to pay a token amount even if they write back and say they can't find it, be taken as admittance of ownership of the debt? From reading up on this, it seems a lot of companies with old debts are quiet happy to accept token payments because it costs them less to administer the debt. I'm basically thinking it would be less hassle to continue to pay them a token payment in terms of avoiding threatening letters etc. than if I stop payments all together, even if they know they can't enforce it.

PRAISETHESUN

Just because the default is removed from your files doesn't mean the debt still isn't enforceable. Every time you make a payment you reset the 6 year statute barred timer (as you are acknowledging the debt exists), so if you've been making regular payments all these years you might start having issues if you suddenly decided to stop paying. I'd be careful how you approach this. Personally, unless you are 100% sure it is unenforceable then I'd write to them for a full and final offer, to see how much it would take to write it off completely.

Vox_AC30

Thanks for your reply, athough it has confused me somewhat - I thought that with CCA's that unless a debt collector can provide them/the original paperwork, that the debt is unenforceable. But it looks as though you're saying that if you continue to make payments, that you are then acknowledging the debt exists/is yours, and on that basis, the debt would still be enforceable? Why can't a debt collector use regular payment as proof in court that you owe the debt?

I don't know for sure if the debts still have their CCA's with them or not, but they're all older than 15 years, and the companies barely contact me anymore, other than an offer letter to pay off the balance and save x amount.  I'm assuming some of them will be unenforceable, due to the amount of times ownership has changed hands/how old they are etc., but I'm not sure, hence the CCA approach. Perhaps, given that I pay every month anyway, even though it is a token amount, I may as well continue to pay until I know for sure/as good as get confirmation that they don't have the CCA/or do. I can then decide what to do in terms of offering full and final payment or otherwise?