Statute barred

Mark_the_owl

never-in-doubt wrote: »

DCA = Debt Collection Agency mate..... they have to place the default within 6 months of account default date, as they have done it several years later, then you need to contact the CRA's (credit ref agencies) and have them remove it...

Good Luck, do as George says and you'll be fine.

Marvellous!

I've got the address details for Equifax, Call Credit and Experian. Is there a template letter I can use?

Ta.

never-in-doubt

Mark_the_owl wrote: »

Marvellous!

I've got the address details for Equifax, Call Credit and Experian. Is there a template letter I can use?

Ta.

Not really, you need to just tell them that the default is expired and unlawful and that you give them 28 days to have it removed prior to complaining to the governing body (the ICO)....

good luck

Mark_the_owl

never-in-doubt wrote: »

Not really, you need to just tell them that the default is expired and unlawful and that you give them 28 days to have it removed prior to complaining to the governing body (the ICO)....

good luck

I've written to the company that the debt is "owed" to (over 12 months ago now), should I write to them again or not?

never-in-doubt

Mark_the_owl wrote: »

I've written to the company that the debt is "owed" to (over 12 months ago now), should I write to them again or not?

No need right now, see what the CRA's do first.

GeorgeUK

Yup, report it to the CRA who should follow it up. If nothing is done then you send an official letter of complaint to both, wait 30 days then ask the ICO to shut down the DCA for being silly burgers if they haven't sorted it by then.

never-in-doubt

GeorgeUK wrote: »

Yup, report it to the CRA who should follow it up. If nothing is done then you send an official letter of complaint to both, wait 30 days then ask the ICO to shut down the DCA for being silly burgers if they haven't sorted it by then.

Haha - George, that is extreme even by your standards mate :rotfl: :rotfl:

Close the DCA indeedio! One problem there though, remember the ICO (currently) have no power of authority to fine or punish breaches of DPA - which is a bloody joke, but anyway! All they "can" do is request the breach be rectified - shocking, uh?

Hope you're keeping well and aren't wishing for all the DCA's to get shut down, or we'd be bored here wouldn't we :rotfl: :rotfl:

iwantahouse

WELCOME FINANCIAL SERVICES LTDAccount type:Hire purchase/Conditional saleSpecial Instruction Indicator:Debt AssignedSpecial Instruction Start Date:01/05/2010Started:31/10/2003Default Balance:£8,804Current Balance:SatisfiedRepayment Period: Monthly Payment: £268 over 61 months Defaulted On:23/10/2006File Updated for the Period to:09/05/2010

Hi Guys

I have read this thread with interest as the above default was only registered on my credit file last month (at the same time as being marked satsfied)

Is this lawful? Up until last month it showed a balance owing of £8,804 and said it was 6 payments late?

Are they allowed to do this so long after the last payment was made?

GeorgeUK

A deffault can be put against the account at any time, but the date of the default should not be more than 6 months from the date of the first missed payment.

When was the last time you made a payment towards the debt?
If it was 23/10/2006 then on 23/10/2012 the debt may become statute barred. If there is a CCJ however, the debt will not become statute barred. You may need to look at reclaiming any Payment Protection Insurance and charges, then trying to come to some payment agreement if they go down that route.

iwantahouse

GeorgeUK wrote: »

A deffault can be put against the account at any time, but the date of the default should not be more than 6 months from the date of the first missed payment.

When was the last time you made a payment towards the debt?
If it was 23/10/2006 then on 23/10/2012 the debt may become statute barred. If there is a CCJ however, the debt will not become statute barred. You may need to look at reclaiming any Payment Protection Insurance and charges, then trying to come to some payment agreement if they go down that route.

Thanks George-they have marked the account satisfied so they wouldn't aply for a ccj would they? they say the last payment made to them was December 2005 although they have yet to prove this.

I have been sending them the statute barred template letters as I think the last payment made was 2003 - this is why they have changed the balance from £8,804 owing to satisfied

jknowles

Hi Mark,
DCA means Debt Collecting Agency.

Jo