Help!!

Options
frooglefraggle
frooglefraggle Posts: 298 Forumite
in Credit file & ratings
I'm confused....

I had n account with Littlewoods in 2004. They sold my account to a debt collection agency in April in 2007 and was marked on my credit file as settled. (this has now dropped off my credit file.) with equifax, experian and noodle.

The same month a debt collection agency took on the debt. I never acknowledged the debt with them (as i had moved and never received a letter for them) they slapped on a load of charges and defaulted the loan on 24th of December 2007! (nice Christmas present) lol.

My first question is ...... as the original debt was with Littlewood's, and this has dropped off my credit file (and i have never acknowledged the debt with the other company can i now write to them, with a prove it letter?) as the original debt is over 6 years old would it qualify as status barred?

The reason i am asking is this morning i have received 3 letters from another debt collection agency over this same debt, the debt collection agency is not affilliated to this company. I have also received 5 missed calls leaving voice mail on my mobile today ( i have not answered any of them as i have been in work and unable to use my mobile or answer calls in work time.) i don't want to be harassed by this company after an old debt.

This is one of two defaults on my credit file. 24/12/07 and one which will drop off (next july) ...

Please help with this situation as i do not want my file to get any worse as i have worked long and hard to get it clear.... (the original debt was £80.00 in admin charges applied to the littlewoods account after i had settled it... i feel that i do not want to pay the amount shown on my credit file as it is 574.00 (as they added charges and do not have the funds to pay this amount!)

Many thanks in advanced....
1% challenge £2015.50 = £20.16
Make £2.50 a day £80.82/77.50
Sealed pot opening Nov 2018: ???
Going back to being to basics. And penny pinching in 2018 This will be my year 😘

Comments

  • matttye
    matttye Posts: 4,828 Forumite
    First Anniversary First Post Combo Breaker Debt-free and Proud!
    Options
    The default should be dated April 2007 or earlier and, yes, it's statute barred if you've never paid or acknowledged it. Send them the statute barred letter and make a complaint about the default at the same time.

    Disgraceful behaviour on their part.
    What will your verse be?

    R.I.P Robin Williams.
  • frooglefraggle
    frooglefraggle Posts: 298 Forumite
    Options
    Thank you for your advice.

    I was going to wait until the December for the default with the debt collection agency to drop off. But i am thinking i should now do the Prove it letter instead to them?

    I am just worried that the prove it letter would stir up letters and calls trying to force me to pay the original debt over 6 years old.
    1% challenge £2015.50 = £20.16
    Make £2.50 a day £80.82/77.50
    Sealed pot opening Nov 2018: ???
    Going back to being to basics. And penny pinching in 2018 This will be my year 😘
  • matttye
    matttye Posts: 4,828 Forumite
    First Anniversary First Post Combo Breaker Debt-free and Proud!
    Options
    frooglefraggle wrote: »
    Thank you for your advice.

    I was going to wait until the December for the default with the debt collection agency to drop off. But i am thinking i should now do the Prove it letter instead to them?

    I am just worried that the prove it letter would stir up letters and calls trying to force me to pay the original debt over 6 years old.

    I wouldn't bother with a prove it letter because you don't doubt that you owe the debt, but it is still statute barred. This means you still owe the money and they can ask you to repay it, but they can't enforce the debt through court proceedings.
    What will your verse be?

    R.I.P Robin Williams.
  • frooglefraggle
    frooglefraggle Posts: 298 Forumite
    Options
    sorry i thought that they were the same letter i got a little confused!
    1% challenge £2015.50 = £20.16
    Make £2.50 a day £80.82/77.50
    Sealed pot opening Nov 2018: ???
    Going back to being to basics. And penny pinching in 2018 This will be my year 😘
  • matttye
    matttye Posts: 4,828 Forumite
    First Anniversary First Post Combo Breaker Debt-free and Proud!
    Options
    frooglefraggle wrote: »
    sorry i thought that they were the same letter i got a little confused!

    Prove it letters are for when you know nothing about the debt (i.e. they've got the wrong person).

    Statute barred letters are for when you haven't acknowledged or paid the debt for over six years. If you have a look at this National Debtline page it has lots of template letters:

    http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

    In the dropdown box with the sample letters, select "Dispute your liability for a debt where a creditor has not contacted you for over six years and you have not made a payment or written acknowledging that you owe this debt during that period."
    What will your verse be?

    R.I.P Robin Williams.
  • frooglefraggle
    frooglefraggle Posts: 298 Forumite
    Options
    Sorry to sound so stupid, but as i still have a default with the debt collection company. can this prompt them to do anything? will they remove the default off my account or will this still show?
    I know i have not acknowledged them but can they still put anything on my file? or force me to pay this as the account with littlewoods is now over 6 years old?
    1% challenge £2015.50 = £20.16
    Make £2.50 a day £80.82/77.50
    Sealed pot opening Nov 2018: ???
    Going back to being to basics. And penny pinching in 2018 This will be my year 😘
  • matttye
    matttye Posts: 4,828 Forumite
    First Anniversary First Post Combo Breaker Debt-free and Proud!
    Options
    frooglefraggle wrote: »
    Sorry to sound so stupid, but as i still have a default with the debt collection company. can this prompt them to do anything? will they remove the default off my account or will this still show?
    I know i have not acknowledged them but can they still put anything on my file? or force me to pay this as the account with littlewoods is now over 6 years old?

    If they took you to court, you would defend the claim on the basis that the debt is now statute barred and unenforceable. They would have to prove you had contacted them or paid towards the debt in the last six years. If you haven't done that, then they can't possibly prove it.

    They've put a default on your credit file already. They should not have put that on there in December when you must have defaulted before April, because Littlewoods would not have sold the debt unless you were in default of the agreement. You should be able to get that default removed, but in the worst case scenario you'll just have to wait until December for it to drop off. If the DCA refuses to remove the default, complain to the financial ombudsman.

    You should take a screenshot of the default on your credit report or print a copy just in case they try to re-date it so it stays longer.
    What will your verse be?

    R.I.P Robin Williams.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards